Friday, March 29, 2024

Applying the MFN principle to constrain anti-dumping practice: A new proposal and some comments

The proliferation of anti-dumping practices has made the reform of the WTO agreement on anti-dumping one of the most discussed topics for years. Recently, Professor Hans Mahncke, in his article published in November 2014, sought to explore the possibility of constraining the use of the anti-dumping instruments through existing laws. By examining the relationship between the WTO’s anti-dumping laws and the GATT’s MFN principle, the author concludes that the application of the MFN discipline within the anti-dumping context is mandated by WTO law and that such application offers a viable path to advance the anti-dumping law discourse beyond its traditional understanding.

 This article aims to present the Professor’s approaches as a latest proposal of anti-dumping law reform, followed by some comments to this proposal. It also analyses implications of recent WTO jurisprudence regarding this issue for Viet Nam.

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  1. Chính sách Đối ngoại Việt Nam
  2. Vấn đề Biển Đông
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