Quest for Legal Safeguards for Foreign Exporters Under China's Anti-Dumping Regime

Posted: 3 May 2004

See all articles by M. Ulric Killion

M. Ulric Killion

Shanghai International Studies University

Abstract

The anti-dumping law of China, in conjunction with the WTO Anti-Dumping Code, should provide for meaningful judicial review for foreign exporters. A problem with China's anti-dumping law, however, is that despite requiring judicial review, a legal safeguard via court of law proceedings remains a hope, as opposed to a reality. China's anti-dumping law addresses the problem of judicial review with vague and general language. Proposed cures and implementation strategies for meaningful judicial review are included in the Provisions of the Supreme People's Court that took effect on January 1, 2003.

The Provisions of the Supreme People's Court present an issue of whether China's anti-dumping law will result in the construct of a positive discursive model for independent judicial review. Although the Provisions provide specifics on how to implement judicial review, the question remains whether the Provisions will result in legal safeguards for foreign exporters. In terms of international trade, a supposed Western universalizing cosmopolitanism, its concepts of rule of law and independent judicial review could serve as a much-needed source of uniformity and predictability for foreign exporters. The only viable solution may be a new formulation of WTO Anti-Dumping Code that implements the requirement of judicial review.

Keywords: China, Anti-Dumping, Antidumping, Anti-Subsidy, Antisubsidy, Exporters, Judicial Review, Legal Safeguards

JEL Classification: K33, K29, K00, F13, F19, N45

Suggested Citation

Killion, M. Ulric, Quest for Legal Safeguards for Foreign Exporters Under China's Anti-Dumping Regime. Available at SSRN: https://ssrn.com/abstract=538542

M. Ulric Killion (Contact Author)

Shanghai International Studies University ( email )

620 Gubei Road
Shanghai
China

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