EU Anti-Dumping and Other Trade Defence Instruments

EU Anti-Dumping and Other Trade Defence Instruments

Author: Van Bael & Bellis

Publisher: Kluwer Law International B.V.

Published: 2019-05-22

Total Pages: 1133

ISBN-13: 9041199675

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The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.


Book Synopsis EU Anti-Dumping and Other Trade Defence Instruments by : Van Bael & Bellis

Download or read book EU Anti-Dumping and Other Trade Defence Instruments written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2019-05-22 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.


EU Anti-dumping and Other Trade Defence Instruments

EU Anti-dumping and Other Trade Defence Instruments

Author: Ivo Van Bael

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 1396

ISBN-13: 9041131175

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The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.


Book Synopsis EU Anti-dumping and Other Trade Defence Instruments by : Ivo Van Bael

Download or read book EU Anti-dumping and Other Trade Defence Instruments written by Ivo Van Bael and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.


The Future of Trade Defence Instruments

The Future of Trade Defence Instruments

Author: Marc Bungenberg

Publisher: Springer

Published: 2018-10-29

Total Pages: 313

ISBN-13: 3319953060

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This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.


Book Synopsis The Future of Trade Defence Instruments by : Marc Bungenberg

Download or read book The Future of Trade Defence Instruments written by Marc Bungenberg and published by Springer. This book was released on 2018-10-29 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.


EU Anti-Dumping and Trade Defence Law and Practice

EU Anti-Dumping and Trade Defence Law and Practice

Author: Edmond McGovern

Publisher: Globefield Press

Published: 2018-06-08

Total Pages: 482

ISBN-13:

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Available in electronic format


Book Synopsis EU Anti-Dumping and Trade Defence Law and Practice by : Edmond McGovern

Download or read book EU Anti-Dumping and Trade Defence Law and Practice written by Edmond McGovern and published by Globefield Press. This book was released on 2018-06-08 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available in electronic format


EU Trade Defence Law and Practice

EU Trade Defence Law and Practice

Author: Christoph Herrmann

Publisher: Springer Nature

Published: 2023-02-22

Total Pages: 121

ISBN-13: 3031253302

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The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.


Book Synopsis EU Trade Defence Law and Practice by : Christoph Herrmann

Download or read book EU Trade Defence Law and Practice written by Christoph Herrmann and published by Springer Nature. This book was released on 2023-02-22 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.


TDI, Trade Defence Instruments, Anti-dumping & Anti-subsidy

TDI, Trade Defence Instruments, Anti-dumping & Anti-subsidy

Author:

Publisher:

Published: 2018

Total Pages: 31

ISBN-13: 9789279890734

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Global competition is not always fair, however, and EU competition law does not in general apply beyond EU borders. In cases of unfair competition from non-EU countries, producers in the EU can consider filing a trade defence complaint with the European Commission in order to remedy the situation, provided that the unfair competition creates difficulties for their business. Trade defence instruments (TDIs) are part of the legal framework of global trade rules established by the World Trade Organisation (WTO) in Geneva. Importers and users of a product that is subject to a trade defence investigation may want to know what the options are, and if and how to best cooperate in an investigation. This guide provides you with the necessary basic knowledge of TDIs and sets out the practical steps you may want to take. It is specifically aimed at small and medium-sized businesses (also referred to as small and medium-sized enterprises or SMEs).


Book Synopsis TDI, Trade Defence Instruments, Anti-dumping & Anti-subsidy by :

Download or read book TDI, Trade Defence Instruments, Anti-dumping & Anti-subsidy written by and published by . This book was released on 2018 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global competition is not always fair, however, and EU competition law does not in general apply beyond EU borders. In cases of unfair competition from non-EU countries, producers in the EU can consider filing a trade defence complaint with the European Commission in order to remedy the situation, provided that the unfair competition creates difficulties for their business. Trade defence instruments (TDIs) are part of the legal framework of global trade rules established by the World Trade Organisation (WTO) in Geneva. Importers and users of a product that is subject to a trade defence investigation may want to know what the options are, and if and how to best cooperate in an investigation. This guide provides you with the necessary basic knowledge of TDIs and sets out the practical steps you may want to take. It is specifically aimed at small and medium-sized businesses (also referred to as small and medium-sized enterprises or SMEs).


The Penguin Companion to European Union

The Penguin Companion to European Union

Author: Anthony Teasdale

Publisher: Penguin UK

Published: 2012

Total Pages: 0

ISBN-13: 9780141021188

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The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.


Book Synopsis The Penguin Companion to European Union by : Anthony Teasdale

Download or read book The Penguin Companion to European Union written by Anthony Teasdale and published by Penguin UK. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.


Trade Defence Instruments

Trade Defence Instruments

Author:

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9789284749829

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The EU's trade defence policy provides protection for European companies facing unfair practices in international trade. In such cases, the European Commission can impose anti-dumping or anti-subsidy duties to restore fair competition. We examined whether the Commission successfully enforced this policy. Our conclusion was that the system for imposing trade defence instruments functions well. The Commission followed the required procedures properly during the investigations, and its justification for the decisions was satisfactory. However, the Commission could do more to raise awareness of trade defence instruments, document some checks better, and improve the way it monitors the measures and the policy's overall effectiveness. ECA special report pursuant to Article 287(4), second subparagraph, TFEU.


Book Synopsis Trade Defence Instruments by :

Download or read book Trade Defence Instruments written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU's trade defence policy provides protection for European companies facing unfair practices in international trade. In such cases, the European Commission can impose anti-dumping or anti-subsidy duties to restore fair competition. We examined whether the Commission successfully enforced this policy. Our conclusion was that the system for imposing trade defence instruments functions well. The Commission followed the required procedures properly during the investigations, and its justification for the decisions was satisfactory. However, the Commission could do more to raise awareness of trade defence instruments, document some checks better, and improve the way it monitors the measures and the policy's overall effectiveness. ECA special report pursuant to Article 287(4), second subparagraph, TFEU.


TDI Guide for EU Exporters

TDI Guide for EU Exporters

Author:

Publisher:

Published: 2010

Total Pages: 28

ISBN-13: 9789279148415

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With the increasing globalization of trade, companies doing business abroad, need to take into account their obligation to comply with international trade rules. This is not always an easy task. Although the general tendency nowadays is to remove obstacles to trade, the international trading system allows countries to introduce restrictive measures in order to address very specific circumstances. These measures are called trade remedies or trade defence instruments, and they are permitted only under strict conditions. There are three Trade Defence Instruments (TDI): the antidumping instrument, the antisubsidy instrument and the safeguard instrument. While the first two instruments act against unfair trade practices in cases where imports are made under conditions that are actionable under the rules of international trade, the objective of the latter is to give an industry in the importing country time to adjust to a significant increase of imports. If your competitors in foreign markets claim that you are either dumping your exports on their market, that your exports are subsidised or that they have to face a significant increase of imports which is harmful for their business, they can ask their national authorities to introduce trade defence measures in order to remedy the situation. This may in turn have an impact on your situation as you may be subject to a time-consuming investigation carried out by the national authorities of the importing country and possibly have to face measures (in the form of additional duties or quotas) on your future exports to that country. This guide will help to better understand the main concepts of trade defence and will give advice on how to deal with trade defence investigations.


Book Synopsis TDI Guide for EU Exporters by :

Download or read book TDI Guide for EU Exporters written by and published by . This book was released on 2010 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing globalization of trade, companies doing business abroad, need to take into account their obligation to comply with international trade rules. This is not always an easy task. Although the general tendency nowadays is to remove obstacles to trade, the international trading system allows countries to introduce restrictive measures in order to address very specific circumstances. These measures are called trade remedies or trade defence instruments, and they are permitted only under strict conditions. There are three Trade Defence Instruments (TDI): the antidumping instrument, the antisubsidy instrument and the safeguard instrument. While the first two instruments act against unfair trade practices in cases where imports are made under conditions that are actionable under the rules of international trade, the objective of the latter is to give an industry in the importing country time to adjust to a significant increase of imports. If your competitors in foreign markets claim that you are either dumping your exports on their market, that your exports are subsidised or that they have to face a significant increase of imports which is harmful for their business, they can ask their national authorities to introduce trade defence measures in order to remedy the situation. This may in turn have an impact on your situation as you may be subject to a time-consuming investigation carried out by the national authorities of the importing country and possibly have to face measures (in the form of additional duties or quotas) on your future exports to that country. This guide will help to better understand the main concepts of trade defence and will give advice on how to deal with trade defence investigations.


The European Union’s Trade Defence Modernisation Package

The European Union’s Trade Defence Modernisation Package

Author: Patricia Trapp

Publisher: Springer Nature

Published: 2022-01-03

Total Pages: 342

ISBN-13: 3030913635

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Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.


Book Synopsis The European Union’s Trade Defence Modernisation Package by : Patricia Trapp

Download or read book The European Union’s Trade Defence Modernisation Package written by Patricia Trapp and published by Springer Nature. This book was released on 2022-01-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.