This thesis examines the Surrogate Country System adopted by WTO members in their antidumping investigations against non-market-economy (NME) countries. In this paper, the Author points out that the existing relevant WTO regulations can easily become importing countries' tool of protectionism. Meanwhile, the obvious legal gap in the WTO laws helps the protectionism by leaving large discretion to importing countries. To reveal the irrationalities of the Surrogate Country System, this paper uses China, a typical NME country, as a sample to display how the system is applied in practice. Then, the paper examines the irrationalities of existing regulations. Towards above issues, the Author puts forward several proposals in Chapter 4. The Author argues for distinguishing transformational countries from NME countries. In cases involving transformational countries, the Author proposes a three-step methodology to calculate the normal value. The Author also provides several strategies for Chinese Government and exporters.

Trade remedy measures (TRMs) in international economic law refer to antidumping measures, countervailing duties and safeguard measures. They are designed to respond to unfair trade practices or to compensate the negative impact on domestic industries resulting from tariff concessions made under the trade liberalization arrangements. Due to the importance of these instruments, the rules on TRMs are strengthened in the WTO legal framework and established on non-discriminatory basis towards all WTO Members. However, with the proliferation of regional trade agreements (RTA) in recent decades, it was noticed that, most RTAs adopted innovative approaches on TRMs among their regional partners. Such incoherence has brought a series of trade disputes and arguments concerning the conflicts between the WTO and RTA. Current central issues in this area are whether those innovative TRMs are consistent with WTO law and what is the appropriate approach to examine the legality of those measures. Against the canvas of WTO trade remedy rules, this research first investigates the diversified trade remedy approaches in RTAs and their impact on international trade. It then clarifies the ambiguous legal criteria against which TRMs in RTAs should be judged in order to be WTO-consistent. Thereafter, a methodology through which a RTA-specific TRM could be tested against the WTO’s criteria is also developed. It is argued that facilitating TRMs in RTAs must always adhere to the criteria laid down by the WTO, e.g. GATT Article XXIV. In particular, a “necessity test” should be applied when examining the legality of a special TRM in RTAs, in the case where a dispute arises between the RTA members and third countries on the issue. In order to bring the RTA-specific TRMs into compliance with WTO law, this research also looks at the WTO surveillance mechanism on RTAs. Considering a number of difficulties that have arisen in the GATT/WTO’s surveillance of RTAs in the past, the thesis addresses what positive measures can be taken in the future and whether TRMs in RTAs should be scrutinized by WTO political organs or through the dispute settlement mechanism.

Univ., Diss.--St. Gallen, 2004.

Zugl.: Berlin, Humboldt-Univ., Diss., 2007

Thesis (doctoral)--Universität St. Gallen, 2008.

Univ., Diss.--Oldenburg, 2003.

Univ., Diss.--Bruxelles, 2003.

Sankt Gallen, Univ., Diss., 2003.

Zugl.: Heidelberg, Univ., Diss., 2003. / Zsfassung in engl. Sprache.

Diss. Nr. 2915 Wirtschaftswiss. St. Gallen, 2004. / Literaturverz.