EU Anti-Dumping and Other Trade Defence Instruments

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041199675
Total Pages : 1133 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Anti-Dumping and Other Trade Defence Instruments by : Van Bael & Bellis

Download or read book EU Anti-Dumping and Other Trade Defence Instruments written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2019-05-22 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the 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 or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.

EU Anti-Dumping and Trade Defence Law and Practice

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Author :
Publisher : Globefield Press
ISBN 13 :
Total Pages : 482 pages
Book Rating : 4./5 ( download)

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Book Synopsis EU Anti-Dumping and Trade Defence Law and Practice by : Edmond McGovern

Download or read book EU Anti-Dumping and Trade Defence Law and Practice written by Edmond McGovern and published by Globefield Press. This book was released on 2018-06-08 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available in electronic format

EU Anti-dumping and Other Trade Defence Instruments

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131175
Total Pages : 1396 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Anti-dumping and Other Trade Defence Instruments by : Ivo Van Bael

Download or read book EU Anti-dumping and Other Trade Defence Instruments written by Ivo Van Bael and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors [of this fifth edition] from the firm "Van Bael & Bellis" 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.

A Concise Guide to the EU Anti-dumping/anti-subsidies Procedures

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124640
Total Pages : 246 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis A Concise Guide to the EU Anti-dumping/anti-subsidies Procedures by : Themistoklis K. Giannakopoulos

Download or read book A Concise Guide to the EU Anti-dumping/anti-subsidies Procedures written by Themistoklis K. Giannakopoulos and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed. The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made such as calculating the material injury, determining the cause of injury, and applying the Community interest test and then be able to move confidently through every procedural step, including the following: Initial complaintQuestionnairesConfrontation meetings and oral hearingsInvestigations by Commission official;Offer and acceptance /rejection of undetaking;Commenting on the Commission's provisional decisionRequesting review of measures and refunds andJudicial review Throughout the presentation the author describes relevant cases and actual measures taken. Tables of cases and measures as well as a bibliography are included. Business people and their counsel, whether engaged in trade within the EU or between any country and an EU Member State, will benefit enormously from the detailed guidance offered in this incomparable volume. The book will also be invaluable to academics and policymakers as an unclouded analysis of anti-dumping/anti-subsidies procedures under EC law.

Dumping and Subsidies:Law and Procedures Governing the Imposition of Anti-Dumping and Countervailing Duties in the European Community

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041109323
Total Pages : 460 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dumping and Subsidies:Law and Procedures Governing the Imposition of Anti-Dumping and Countervailing Duties in the European Community by : Clive Stanbrook

Download or read book Dumping and Subsidies:Law and Procedures Governing the Imposition of Anti-Dumping and Countervailing Duties in the European Community written by Clive Stanbrook and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, now in its third edition, is written for lawyers, trade associations and marketing managers. It is one of the first to deal with the new regulations on dumping and subsidies which were adopted to implement the European Union's obligations under the Uruguay Round's 1994 Anti-Dumping Code and the 1994 Subsidies and Countervailing Measures Code. It places the highly complex subject of dumping and subsidisation in its WTO and EU contexts before taking the reader through a legal and arithmetical analysis of the technicalities involved. The book has been completely revised and expanded since it was last published in 1983, and provides many more worked examples, and draws on the much enlarged case-law of the European Court of Justice to illustrate the discussion. With more than ten years additional experience since the last edition, the authors provide a stimulating analysis of the turning points in Community anti-dumping law: revocation of undertakings, non-cooperation, five year sunset reviews, screwdriver assembly, anti-absorption measures, newcomer reviews, and now, with the new regulations, currency conversions, detailed rules on sampling methods, de minimis rules on injury, procedural deadlines, consumer interests and a new approach to circumvention.

EU Anti-dumping Law

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Author :
Publisher : Palladian Law Publishing
ISBN 13 :
Total Pages : 150 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis EU Anti-dumping Law by : Sebastian Farr

Download or read book EU Anti-dumping Law written by Sebastian Farr and published by Palladian Law Publishing. This book was released on 1998 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imports to the EU from any non-EU country are potentially exposed to anti-dumping investigations. Recently there has been a great increase in the number of anti-dumping investigations initiated by the European Commission. Imports that are made at dumped prices can be disastrous to companies whose goods are affected.

EC and WTO Anti-Dumping Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 9780199565313
Total Pages : 0 pages
Book Rating : 4.5/5 (653 download)

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Book Synopsis EC and WTO Anti-Dumping Law by : Wolfgang Mueller

Download or read book EC and WTO Anti-Dumping Law written by Wolfgang Mueller and published by OUP Oxford. This book was released on 2009-03-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical commentary addresses all aspects of the EC Anti-Dumping regulation and makes extensive comparison with WTO Anti-Dumping Law. The authors' positions at the Commission provides a unique insider expert insight.

EU Dumping Determinations and WTO Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128271
Total Pages : 510 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Dumping Determinations and WTO Law by : Henrik Andersen

Download or read book EU Dumping Determinations and WTO Law written by Henrik Andersen and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of the antidumping instrument by WTO members is often controversial because of the protectionist character of these measures where inefficient industries are protected from foreign competition. The legal framework within the WTO has loopholes that leave wide discretion to the investigating authorities to determine that a product is dumped, thereby emphasizing the protectionist nature of antidumping. The use of antidumping becomes even more controversial when WTO members use the antidumping tool beyond the legal scope of WTO law. The questions raised in this book concern the EU dumping determinations and their conformity with WTO law. This thought-provoking work examines whether European Union legislation on dumping, the practices adopted by the European Commission and the Council, as well as the decisions by the EC courts are in conformity with WTO law. The author's findings are particularly relevant given the frequent use of antidumping measures by EU authorities, especially as relates to Asian countries, and he carefully documents areas where the EU infringes WTO law.

Anti-dumping in the WTO, the EU, and China

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132074
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Anti-dumping in the WTO, the EU, and China by : Dr. Yan Luo

Download or read book Anti-dumping in the WTO, the EU, and China written by Dr. Yan Luo and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Country Driving illuminates the vast, shifting landscape of a traditionally rural nation that, having once built walls against outsiders, is building the roads and factory towns that will shape the twenty-first century. --Book Jacket.

Guide to International Anti-Dumping Practice

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 904114692X
Total Pages : 704 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Guide to International Anti-Dumping Practice by : Derk Bienen

Download or read book Guide to International Anti-Dumping Practice written by Derk Bienen and published by Kluwer Law International B.V.. This book was released on 2013-09-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.

EU Trade Defence Law and Practice

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Author :
Publisher : Springer Nature
ISBN 13 : 3031253302
Total Pages : 121 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis EU Trade Defence Law and Practice by : Christoph Herrmann

Download or read book EU Trade Defence Law and Practice written by Christoph Herrmann and published by Springer Nature. This book was released on 2023-02-22 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.

Anti-dumping and Countervailing Action

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1847206824
Total Pages : 233 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Anti-dumping and Countervailing Action by : Philip Bentley

Download or read book Anti-dumping and Countervailing Action written by Philip Bentley and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: ''. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school

The Implementation of the EU's Anti-dumping Law to the Central and Eastern European Countries

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Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.:/5 (951 download)

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Book Synopsis The Implementation of the EU's Anti-dumping Law to the Central and Eastern European Countries by :

Download or read book The Implementation of the EU's Anti-dumping Law to the Central and Eastern European Countries written by and published by . This book was released on 1999 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Practice of the Common Commercial Policy

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Publisher : Studies in Eu External Relatio
ISBN 13 : 9789004393400
Total Pages : 622 pages
Book Rating : 4.3/5 (934 download)

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Book Synopsis Law and Practice of the Common Commercial Policy by : Michael Hahn

Download or read book Law and Practice of the Common Commercial Policy written by Michael Hahn and published by Studies in Eu External Relatio. This book was released on 2020-12-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."

EC Anti-Dumping Trade Laws

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Publisher : Wiley
ISBN 13 : 9780471974833
Total Pages : 712 pages
Book Rating : 4.9/5 (748 download)

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Book Synopsis EC Anti-Dumping Trade Laws by : Nicholas Khan

Download or read book EC Anti-Dumping Trade Laws written by Nicholas Khan and published by Wiley. This book was released on 1998-04-27 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: EC Anti-Dumping Law- A Commentary on Regulation 384/96 M?ller * Khan * Neumann Foreword by The Rt Hon. Lord Slynn of Hadley Dumping is recognised by international law as an unfair trade practice and anti-dumping law which protects against this has recently undergone significant developments at international level as a result of the inauguration of the WTO and the adoption of a new GATT Anti-Dumping Agreement in 1994. In the European Community, Regulation 384/96 constitutes the implementation of these rules and this book analyses every provision resulting in a comprehensive guide to the new law and practice. As well as giving detailed commentary on Regulation, the book also provides an unparalleled range of examples drawn from current practice, from the fundamental concepts of dumping and injury, to the new procedures such as anti-circumvention investigations, newcomer reviews, and suspension of measures. EC Anti-Dumping Law gives the reader: * practical and expert coverage by authors who are Commission officials * detailed commentary of Regulation 384/96 taken article by article * an introductory overview of the GATT/WTO and EC background * analysis of all aspects of the judicial review of anti-dumping measures making this a vital publication for all lawyers advising on questions of international trade law. European/Commercial Law

The Future of Trade Defence Instruments

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Author :
Publisher : Springer
ISBN 13 : 3319953060
Total Pages : 318 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of Trade Defence Instruments by : Marc Bungenberg

Download or read book The Future of Trade Defence Instruments written by Marc Bungenberg and published by Springer. This book was released on 2018-10-29 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.

Commercial Law of the European Union

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Publisher : Springer Science & Business Media
ISBN 13 : 9048187745
Total Pages : 486 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Commercial Law of the European Union by : Gabriël Moens

Download or read book Commercial Law of the European Union written by Gabriël Moens and published by Springer Science & Business Media. This book was released on 2010-04-23 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: ? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.