反倾销因果关系规则分析-国际法学专业论文.docxVIP

Abstract Since the anti-dumping measures were stipulated by the 1904 customs tariff law of Canada, more and more countries resist unfair competition from abroad through the stipulating of antidumping. Anti-dumping measures have been improving and intensifying, and their use has become an essential part of the trade policies for countries through out the world. Although the liberalization of trade has expanded widely, the anti-dumping measures were not prohibited as a kind of trade protection measures. However, antidumping is one of legitimate methods permitted by GATT and WTO to resist dumping of foreign product. The issue of antidumping being abused by members as an instrument for protectionism has brought attentions from all over the world. The causality of antidumping is one of the requisites in constitution of antidumping. It has special status and value on the issue of avoiding the misusing of antidumping measures by protectionism. This paper has five parts and uses the historical analysis, the comparative research and the case-study method. Through the analysis of the rules of GATT/WTO, we can more pointedly and powerfully promote the reform of the rules about causality of WTO Antidumping Agreement. Through the analysis of the legislation of America and European Union who initiate the most antidumping measures, we can find out their background of antidumping legislation and policy. We can learn from their experience of legislation and practice. The first part introduces the fundamental theories of the causality of antidumping, including the connotation and characteristics of causality in antidumping law and the definiteness of causes and effects. The second part discusses the connotation and classification of the causality standard and the proof rules of causality. To do deep research to the theories of the causality of antidumping helps us to grasp the main point of choosing the rules of causality standard and proof which are in accordance with our country’s