国际商法英文案例选编6, WTO Laws.pptVIP

Chapter Six WTO Laws Introduction The World Trade Organization (WTO) An Economic United Nations, Primary purpose: “to open trade for the benefit of all” and Main function: “to ensure that trade flows as smoothly, predictably and freely as possible”. Membership: currently ?160 WTO’s substantive agreements includes Multilateral Agreements on Trade in Goods (especially ?the General Agreement on Tariffs and Trade??(GATT)), the General Agreement on Trade in Services (GATS)?,and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)?; WTO’s procedural agreement DSU the Understanding on Rules and Procedures Governing the Settlement of Disputes, known as the Dispute Settlement Understanding governs the settlement process of disputes arising between WTO members. Section One Antidumping Agreement What is dumping? commonly described as selling surplus abroad at a price less than fair value Dumping Strictly as: a product is to be considered as being dumped, i.e., introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country Antidumping Investigation The 1994 Antidumping Agreement allows an importing country to resort to antidumping duties only after conducting a properly initiated investigation to determine the existence, degree, and effect of an alleged dumping. Antidumping Investigation A formal application is needed to disclose evidence showing of dumping, material injury, and a causal link between the dumped imports and the alleged injury. Final antidumping duties may be imposed upon the completion of an investigation and determination of dumping, material injury, and a causal link between them. Case study Case: Outdoor Barbeques Case in Sino-Canadian?Trade OTTAWA, December 3, 2004? Case Study Ques