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Anti-Dumping Measures And Countervailing Duties: Protection Of Domestic Industry In International Trade




Aiswarya C K, Bharata Mata School of Legal Studies, Aluva


ABSTRACT


The expansion of international trade has brought significant economic benefits while also exposing domestic industries to unfair trade practices, such as dumping and subsidised imports. This article analyses anti-dumping measures and countervailing duties within the framework of international trade law and the Indian legal system. It examines the legal principles governing the imposition of these measures, the procedural safeguards prescribed under World Trade Organization agreements, the statutory framework in India, and the role of the Directorate General of Trade Remedies in administering trade remedy investigations. The study further evaluates leading judicial and WTO decisions to assess the effectiveness of these mechanisms in protecting domestic industries while ensuring compliance with the principles of transparency, proportionality, and non- discrimination embedded in the multilateral trading system. By critically analysing the interaction between international obligations and domestic implementation, this article seeks to evaluate whether existing trade remedy mechanisms adequately reconcile the objectives of free trade with the legitimate need to protect domestic industries from unfair international competition.


Keywords: Anti-Dumping Measures, Countervailing Duties, World Trade Organization, Directorate General of Trade Remedies, Customs Tariff Act 1975, Domestic Industry Protection



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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