CRITICAL ASSESSMENTS OF ANTI-DUMPING DISPUTES SETTLEMENT MECHANISM AT THE WTO AND VIETNAM’S PARTICIPATIONS
Ho Ngoc Hien , Faculty Of Law, Hanoi Open University, Hanoi, Vietnam Le Lan Anh , Vass_Institute Of Americas Studies, Hanoi, VietnamAbstract
Anti-dumping disputes are types of trade disputes in international trade. There are more and more countries actively conducting anti-dumping investigations on imported goods, including Vietnam’s export goods. Many decisions taken by the Authorities have not received the approval of the involved parties. As a result, disputes over anti-dumping investigations happen. The settlement of anti-dumping disputes has become a necessity for parties to protect their legitimate rights and interests. This prompted the establishment of a dispute settlement body between member countries of the WTO including disputes related to anti-dumping matters. The objectives of this article are to analyze the mechanism of anti-dumping dispute settlement under WTO regulations; use case studies of anti-dumping dispute settlement of WTO to evaluate the role of WTO in anti-dumping dispute settlement mechanism in general; and most importantly, review the effectiveness of Vietnam’s participation as a complainant, respondent, or a third party.
Keywords
Dispute settlement mechanism, Anti-dumping, Vietnam
References
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.
Bown, Chad, P. “Trade Remedies and WTO Dispute Settlement: Why Are So Few Challenged?” The University of Chicago Press. The Journal of Legal Studies Vol. 34, No. 2 (June 2005).
Bossche, Peter, V. The Law and Policy of the World Trade Organization: Text, Cases, and Materials 4th Edition (Cambridge University Press, 2017) 4th edition. ISBN-10: 1316610527
DSU – Article 23 (Jurisprudence).
https://www.wto.org/english/res_e/publications_e/ai17_e/dsu_art23_jur.pdf
Glauber, W. Joseph; David Laborde and Marie Parent, “The WTO Dispute Settlement procedure is on the verge of crisis.” International Food Policy Research Institute (2019), http://www.ifpri.org/blog/wto-dispute-settlement-procedure-verge-crisis.
Johannesson, Louise; Petros C. Mavroidis, “The WTO Dispute Settlement System 1995-2016: A Data Set and Its Descriptive Statistics.” Journal of World Trade Vol. 51 Issue 3 (2017).
Petersmann, Ernst-Ulrich. The GATT/WTO Dispute Settlement System: International Law, International Organizations and Dispute Settlement (The Hague, Boston, London: Graham Trotman Limited, 1997).
Prompt Settlement of Disputes — Article 3.3 of the DSU.
https://www.wto.org/english/Tratop_e/dispu_e/repertory_e/p4a_e.htm
Terence, Stewart, P. “WTO Dispute Settlement – With Appellate Body Currently Non-Operational, AB Secretariat Personnel Have Been Shifted to Other Divisions.” (2020), https://www.wita.org/blogs/wto-dispute-settlement-with-appellate-body-currently-non-operational-ab-secretariat-personnel-have-been-shifted-to-other-divisions/
Tirkey, Aarshi. The WTO Dispute Settlement System: An Analysis of India’s Experience and Current Reform Proposals. (Observer Research Foundation, 2019), ISBN: 978-93-89094-71-8.
Vietnam and the WTO. 2021. https://www.wto.org/english/thewto_e/countries_e/vietnam_e.htm
White House, "Remarks by President Trump at 2018 White House Business Session with Governors" (26 February 2018) [White House, "2018 White House Business Session"], online: ; "Trump Threatens to Pull U.S. Out of WTO I Doesn't Shope Up (29 August 2018), online Bloomberg www. loomberg.com/news/articles/2018-08-00/trump-oyshe-willpulluaouk wto-il-they-dont-shope-up>.
WTO (2012), DS294: United States — Laws, Regulations, and Methodology for Calculating Dumping Margins (Zeroing).
WTO (2012), DS429: United States — Anti-Dumping Measures on Certain Shrimp from Viet Nam.
WTO, DS404: United States — Anti-dumping Measures on Certain Shrimp from Viet Nam.
WTO, Accession of Vietnam - Report of the Working Party on the Accession of Viet Nam, WT/ACC/VNM/48, October 27, 2006.
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