Anti-Dumping In International Trade Law: A Legal Analysis

KM. Karishma, Amity University Rajasthan

ABSTRACT

This study examines anti-dumping measures in international trade law in depth. The study begins with a brief overview of anti-dumping regulations, covering their scope, rationale, and precedential context. Article VI of the General Agreement on Tariffs and Trade (GATT) and the Agreement on Implementation of Article VI of the GATT 1994 are discussed as part of the legal framework of antidumping measures (AD Agreement).

The paper continues by discussing the steps involved in anti-dumping investigations, such as opening an investigation, identifying dumping and harm, and enforcing remedies. Price comparison, normal value, and injury considerations are also examined in depth as criteria for evaluating dumping and injury.

Critiques of anti-dumping regulations, including protectionism, injustice, and effects on developing nations, are also investigated in the article. Case studies and analysis are also offered to illustrate how dispute settlement processes can be used to resolve anti-dumping claims.

The study goes on to talk about the potential and difficulties of anti-dumping measures in international trade law in the future. In its final section, the study discusses the significance of anti-dumping measures in modern international trade law.

This paper's analysis is grounded in a thorough examination of the primary and secondary literature, as well as applicable case studies. The results shed light on the nuances and difficulties of antidumping measures in international trade law, demonstrating the importance of striking a middle ground in order to remedy trade distortions and safeguard domestic industries without adversely affecting foreign markets or other interested parties.

Keywords: Anti-Dumping Measures, International Trade Law, WTO Agreements, Dumping and Injury, Dispute Settlement