Skip to main content
Article
Constructive Methods and Abuse of Antiumping Laws: A Legal Analysis of State Practice within the WTO Framework
The Estey Centre Journal of International Law and Trade Policy (2012)
  • P.R. Thulasidhass, Jawaharlal Nehru University
Abstract

This article outlines the problems of constructive antidumping methods utilised by some WTO member countries when imposing dumping duties on products from other countries, as well as their negative impacts on free trade. It highlights five such methods – the arm’s length test, the practice of zeroing, the constructed cost method, the use of downstream sales, and the captive production method – based on the analogy drawn from case laws decided by the WTO Appellate Body. The central theme of this article is that although the developed countries preach the concept of free trade, they do not follow the same in practice, and they are the frequent innovators of these constructive methods, the primary aim of which is to protect their domestic producers against the global competitiveness of developing countries. If such practices are not checked, it may lead to exploitation of the vulnerable economic position of developing countries.

Keywords
  • Antidumping Agreement,
  • developing country,
  • free trade,
  • zeroing
Publication Date
Spring March 1, 2012
Citation Information
P.R. Thulasidhass. "Constructive Methods and Abuse of Antiumping Laws: A Legal Analysis of State Practice within the WTO Framework" The Estey Centre Journal of International Law and Trade Policy Vol. 13 Iss. 2 (2012)
Available at: http://works.bepress.com/thulasidhass_thulasidhass/2/