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.

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.

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.

A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.

EU Anti-Dumping Law and Practiceprovides an overview of EU anti-dumping law and practice against the background of the international rules, notably the WTO Anti-Dumping Agreement. It takes an in-depth look at anti-dumping case law, examining how the principles of the law have worked in practice.

A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.

In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.

Sustainable Energy Democracy and the Law offers a legal account of the concept of sustainable energy democracy. The book explains what the concept means in a legal context and how it can be translated into concrete legal instruments.

The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.