Chapter

Genesis and Evolution of the Agreement

Aradhna Aggarwal

in The Anti-Dumping Agreement and Developing Countries

Published in print August 2007 | ISBN: 9780195689273
Published online October 2012 | e-ISBN: 9780199081486 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195689273.003.0003
Genesis and Evolution of the Agreement

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This chapter presents an overview of the evolution of the Anti-dumping Agreement (ADA). It starts by providing the genesis of the anti-dumping law and its accession to General Agreement on Tariffs and Trade (GATT) 1947. The reforms introduced in its legal provisions of the agreements in successive Rounds of negotiations are then explored. It shows that developing countries have historically played only a minor role in the evolution of the law. It also reveals that developing countries are highly vulnerable to the use of constructed normal values and that there is a huge potential for manipulation inherent in the methodologies used for constructing these value. The Uruguay Round Agreement allows the authorities to use the average-to-transaction method and the transaction-to-transaction methods as well. Anti-dumping involves highly complex legal procedures. In many cases, anti-dumping authorities often continue their practices despite World Trade Organization (WTO) rulings to the contrary.

Keywords: Anti-dumping Agreement; anti-dumping law; General Agreement on Tariffs and Trade; World Trade Organization; Uruguay Round Agreement; legal provisions

Chapter.  25916 words. 

Subjects: International Economics

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