反倾销法中的公共利益因素探讨及法律对策.pdfVIP

Abstract Anti-dumping is the means used by member states to maintain fair trade allowed by WTO. Since Canada promulgated the first anti-dumping law in the world in 1994, the developed countries like EU, U.S. and developing countries like China have promulgated their anti-dumping law respectively one after another. With the trade protectionism prevailing, “anti-dumping” has been underneath the cover of it, becoming the way many countries and regions protect their native industries, as a result, a new round of anti-dumping surges globally. However, we should also notice that, anti-dumping measure is a double-edged sword, which may damage the entire interest of society and the economic relations between the members of WTO while protecting the native industries. Whereas, some countries and regions will consider bringing the “public interest” into the anti-dumping regulation, which is the theoretical basis of discussion unfolded in this article. In recent years, many domestic scholars have begun paying attention to the public interest issues in anti-dumping measure, and WTO encourages the member states to reduce the damage to the public interest as little as possible when carrying out the anti-dumping measures, not only taking the interest of native manufacturers into consideration, but the interest of the importers and downstream users and consumers. Just on the basis of this theory, this article further discusses on how to maintain the public interest, and puts forward the legal countermeasure on how to protect the public interest and remedy the interest of the damaged parties in the process of the anti-dumping. The “public interest factors” mentioned by the author in the article is the collective name of the damaged groups like downstream industries, consumers a