EU Anti-Dumping and Other Trade Defence Instruments - 5th edition
European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more:
• determining the dumping and injury margins;
• determining the subsidy margin;
• determining the causal link between dumping or subsidy and injury;
• determining if 'Union interest’ calls for intervention;
• differences between anti-dumping and anti-subsidy legislation;
• procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds;
• conditions for accepting an undertaking;
• measures that may be taken to prevent ‘circumvention’ of anti-dumping measures;
• rules for the determination of permissible adjustments;
• rules governing the standing of various interested parties before the European Courts;
• rules and procedure applicable to non-market economy countries;
• special rules on products originating in a developing country;
• allocation and administration of quantitative quotas;
• surveillance measures; and
• whether and to what extent safeguard measures are subject to judicial review.
For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field.
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Preface to the Fifth Edition.
Chapter 1. Introduction: The EU Trade Defence Laws in Perspective..
Part I: Anti-Dumping Measures.
Chapter 2. Introduction.
Chapter 3. Substantive Elements I: Dumping.
Chapter 4. Substantive Elements II: Injury.
Chapter 5. Substantive Elements III: Union Interest.
Chapter 6. Relief.
Chapter 7. Procedure.
Chapter 8. Circumvention.
Part II: Subsidies and Countervailing Measures.
Chapter 9. Introduction.
Chapter 10. Substantive Elements.
Chapter 11. Relief.
Chapter 12. Procedure.
Part III: Safeguard Measures.
Chapter 13. Substantive Elements.
Chapter 14. Relief.
Chapter 15. Procedure.
Part IV: The Trade Barriers Regulation.
Chapter 16. Introduction.
Chapter 17. Substantive Elements.
Chapter 18. Relief.
Chapter 19. Procedure.
Part V: Appendices.