By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.
By combining theory and practice, this book seeks to highlight the gap between WTO's ADA and the real-life experiences of exporters, regulators, and WTO lawyers. The improvement of procedural justice by means of a revision of the ADA or a standard anti-dumping questionnaire would reduce the abusive use of anti-dumping investigations.
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Provides empirical insights from the exporters, WTO legal experts and government officials who dealt with anti-dumping investigations.
1. Introduction;
2. A Theoretical Framework for Evaluating Anti-Dumping Laws;
3. WTO Disputes on Anti-Dumping Procedures;
4. Procedures of the US, EU, and the Position of China under the Anti-Dumping Investigations;
5. The Fieldwork and Its Findings;
6. Possible solutions for Protectionist Anti-Dumping Procedures;
7. Conclusion; Bibliography; Index.
Abdulkadir Ylmazcan, a Ph.D. holder from the University of Hong Kong, Faculty of Law, and former Turkish Trade Official, currently serves as Trade Compliance Manager at ASELSAN. His academic achievements include LL.M. degrees in international trade law from the University of Sussex (Jean Monnet Scholar) and maritime law from Ankara University. His research focus encompasses international trade law, maritime law, and export controls.
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