Bulletin n. 1/2012
June 2012
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • You Shang
    Le droit antidumping européen face à la Chine : un juste milieu difficile à fixer
    in Revue internationale de droit économique , Vol. 26, n°1 ,  2012 ,  95-112
    In EU-Fasteners (China), the Panel and the Appeal Body of the Dispute Settlement Body of WTO, supporting China’s position, required the EU to bring its antidumping practice into conformity with the provisions of the AD agreement. This case is a part of the DSB’s efforts to restore the “delicate balance” in trade defense law as it relates to the special case of non market economy countries (NME), such as China. Thus, it reinforces the individual treatment principle set out in the AD agreement and limits the elbowroom of the EU, which has to contain the persistent risk of trade distortion caused by the State’s intervention in the economic by appropriate and efficient legal instruments. The case illustrates perfectly the WTO antidumping rules’ difficult task to find a compromise between the perfect legal coherence and the efficiency objective. The reports of the DSB will have considerable impact on the trade defense policy not only of the European Union, but also that of many other OMC Members, which use the same method. This effort could be a part of the DSB’s more global rebalancing or disciplining of the major trade partners’AD and CVD measures as practiced vis-à-vis Chinese exporters. Actually, due to its NME status, China suffers also from other special treatment, such as the analogue country method in the determination of the normal value in AD investigations. It is not excluded that such special practices will be brought under the DSB’s control in the upcoming years before 2016 when China will receive the full market economy status.
    ©2001 - 2020 - Centro Studi sul Federalismo - P. IVA 94067130016