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Circumvention And Anti Circumvention Measures


Circumvention And Anti Circumvention Measures
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Circumvention And Anti Circumvention Measures


Circumvention And Anti Circumvention Measures
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Author : Yanning Yu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

Circumvention And Anti Circumvention Measures written by Yanning Yu and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Technology & Engineering categories.


The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.



A Legal Analysis Of Anti Circumvention Measures Within The Anti Dumping Regime Of The Eu


A Legal Analysis Of Anti Circumvention Measures Within The Anti Dumping Regime Of The Eu
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Author : Zhaoxin Wang
language : en
Publisher:
Release Date : 2005

A Legal Analysis Of Anti Circumvention Measures Within The Anti Dumping Regime Of The Eu written by Zhaoxin Wang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.




Circumvention And Anti Circumvention


Circumvention And Anti Circumvention
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Author : Weihuan Zhou
language : en
Publisher:
Release Date : 2017

Circumvention And Anti Circumvention written by Weihuan Zhou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.


The article discusses circumvention and anti-circumvention in international trade with a focus on Australia's anti-circumvention mechanism and in particular the first anti-circumvention investigation in Australia. It identifies the major issues relating to circumvention and anti-circumvention in the GATT/WTO negotiations which have led to the failure of WTO members to conclude uniform rules on anti-circumvention. The article argues that multilateral anti-circumvention rules are necessary to standardise national anti-circumvention laws and practice and discipline unilateral use of anti-circumvention measures. The article further argues that Australia's anti-circumvention law and practice, as reflected in its first anti-circumvention investigation, may have violated WTO rules and is likely to lead to increasing protectionism to cost of WTO members and Australia's FTA trading partners. Australia's unjustified use of anti-circumvention measures is unlikely to foster the development of its import-competing industries and may provoke retaliation by other countries.



Anti Circumvention Measures In Anti Dumping Law Of International Trade


Anti Circumvention Measures In Anti Dumping Law Of International Trade
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Author : Yanning Yu
language : en
Publisher:
Release Date : 2004

Anti Circumvention Measures In Anti Dumping Law Of International Trade written by Yanning Yu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Antidumping duties categories.




Circumventing Circumvention


Circumventing Circumvention
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Author : Debabrata Dey
language : en
Publisher:
Release Date : 2020

Circumventing Circumvention written by Debabrata Dey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.


The role of education and enforcement in ensuring compliance with a law or policy has been debated for more than a century now. We reopen this debate in the context of security circumvention by employees, currently a leading cause of information security and privacy breaches. Drawing upon prior literature, we develop a microeconomic framework that captures employees' circumventing behavior in the face of security controls. This allows us to obtain interesting insights that have implications for how an organization should employ anti-circumvention measures. First, unless circumvention is rampant, education and enforcement often work better in combination, and not in isolation. Second, there are incentives for an organization to tolerate circumvention to an extent, even when education and enforcement are cheap. Finally, education and enforcement may be strategic complements or substitutes in different parts of the parameter space. When they are complements, if a change in cost parameters compels the organization to increase one, it would also require an increase in the other in lockstep. In contrast, when they are substitutes, an increase in one is associated with a decrease in the other.



Anti Circumvention Of Technological Measures Legislation


Anti Circumvention Of Technological Measures Legislation
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Author : Ling Jin (LLM.)
language : en
Publisher:
Release Date : 1999

Anti Circumvention Of Technological Measures Legislation written by Ling Jin (LLM.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Computers categories.




Guide To International Anti Dumping Practice


Guide To International Anti Dumping Practice
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Author : Derk Bienen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-09-01

Guide To International Anti Dumping Practice written by Derk Bienen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-01 with Law categories.


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.



Protection Of Technical Protection Measures


Protection Of Technical Protection Measures
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Author : Jong Goo Lee
language : en
Publisher:
Release Date : 2004

Protection Of Technical Protection Measures written by Jong Goo Lee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Copyright categories.




Circumvention


Circumvention
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Author : Australia. Parliament. House of Representatives. Standing Committee on Agriculture and Industry
language : en
Publisher:
Release Date : 2015

Circumvention written by Australia. Parliament. House of Representatives. Standing Committee on Agriculture and Industry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Antidumping duties categories.




Eu Anti Circumvention Rules


Eu Anti Circumvention Rules
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Author : Edwin Vermulst
language : en
Publisher:
Release Date : 2015

Eu Anti Circumvention Rules written by Edwin Vermulst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Antidumping duties categories.


This article discusses EU law and practice with regard to tackling circumvention of trade defence instruments, notably anti-dumping measures. The author considers that, while strong legal arguments can be made that anti-circumvention rules are WTO-illegal, as a practical matter transparent and predictable anti-circumvention rules are to be preferred over vague and multi-interpretable non-preferential origin rules that vary from country to country. Furthermore, the many findings of transhipment in EU anti-circumvention investigations show that circumvention may constitute a real problem which warrants quick and effective relief. Therefore, the article suggests that the way forward is to agree on detailed anti-circumvention rules within the WTO with focus on further improvements in transparency and predictability.