scholarly journals Indonesian Legal Remedies Againts Tiongkok and Vietnam Dumping in Indonesia

Author(s):  
Rahmadi Indra Tektona ◽  
Nuzulia Kumala Sari ◽  
Amru Hanifa Mukti

Indonesia has a problem increasing the number of iron and steel imports from year to year, but Tiongkok and Vietnam are highlighted differently by government because they have experienced a significant increase, so they are suspected of dumping. And than, what the legal remedies should be taken against the alleged dumping carried out by Tiongkok and Vietnam by competent institutions and related parties and what the legal consequnces are. This research will be analyzed with normative legal research principles, legal doctrines, and international agreements with the law approach and conceptual approach.The Antidumping Code is the basis of Indonesia’s efforts towards Tiongkok and Vietnam given that the three countries are remembers of the World Trade Organization with General Agreement on Tariff and Trade. The Indonesian Anti-Dumping Committee is an institution that is given the authority to conduct dumping investigations, both offensively or defensively wich is inisiated based on initiatives or requests from the majority of the Domestic Industry of the similar goods. If the investigation process carried out by KADI is proven to be found dumping it will be subject sanctions in the form of the imposition of Anti-Dumping Import Duty according to the amount of dumping margin and if it is not found or deministic margin then the investigation process is terminated. And it is unfortunate because dumping specifically has not been regualated in a law in Indonesia.

2008 ◽  
Vol 62 (3) ◽  
pp. 477-505 ◽  
Author(s):  
Jeffrey Kucik ◽  
Eric Reinhardt

Do flexibility provisions in international agreements—clauses allowing for legal suspension of concessions without abrogating the treaty—promote cooperation? Recent work emphasizes that provisions for relaxing treaty commitments can ironically make states more likely to form agreements and make deeper concessions when doing so. This argument has particularly been applied to the global trade regime, the General Agreement on Tariffs and Trade (GATT) and its successor, the World Trade Organization (WTO). Yet the field has not produced much evidence bearing on this claim. Our article applies this claim to the global trade regime and its chief flexibility provision, antidumping. In contrast to prior work, this article explicitly models the endogeneity and selection processes envisioned by the theory. We find that states joining the WTO are more likely to adopt domestic antidumping mechanisms. Likewise, corrected for endogeneity, states able to take advantage of the regime's principal flexibility provision, by having a domestic antidumping mechanism in place, are significantly more likely to (1) join the WTO, (2) agree to more tightly binding tariff commitments, and (3) implement lower applied tariffs as well.


2008 ◽  
Vol 16 (1) ◽  
pp. 100-114
Author(s):  
KOFI OTENG KUFUOR

In August 2007, Ghana's Ministry of Trade, Industry and Presidents Special Initiatives (MOTI) announced a ban on imported tomato paste and concentrate. The ban took effect from 1st November 2007. The consequence of the ban is that any tomato paste or concentrate imported into Ghana will be confiscated to the state.1 On its face, this decision is quite strange. Since the early 1980s and stemming from a crippling economic crisis at the time, Ghana has embraced the Bretton Woods neoliberal policy prescriptions as a panacea for its economic recovery. As part of its commitment to neoliberalism, Ghana has adhered to trade liberalization and evidence of this is carefully documented in its Trade Policy submissions to the World Trade Organization (WTO).2 Thus, the import ban is a deviation from the commitment to trade liberalization and is one of the few instances where MOTI has moved to grant new levels of protection to domestic industry.3


2021 ◽  
pp. 139156142110350
Author(s):  
Ashwani Mahajan ◽  
Phool Chand ◽  
Harsha Vardhan Pasumarthi

India has imposed anti-dumping duties (ADDs) on a total of 155 commodities against China across many sectors to protect the domestic industry since 2001. The dumping of Chinese goods into Indian markets has led to the downfall and closure of many domestic industries. Under such circumstances, ADDs had been necessitated for protecting the domestic industry. As per the World Trade Organization (WTO) rules, imposition of ADDs on imports is permitted, provided that the affected country establishes that the domestic industry has suffered material injury by such imports. An elaborate discussion explaining the investigation pertaining to ADD and imposition of ADD in relation with WTO rules is presented in the present article. During the period between 2014 and 2018, ADD has been imposed on a total of 121 commodities. The study finds that ADDs have been partially effective in reducing the imports of the commodities. JEL: F13


2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.


2010 ◽  
Vol 27 (4) ◽  
pp. 23-44
Author(s):  
Ruzita Mohd. Amin

The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.


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