试论反倾销的不合理性
On the Unreasonable Points of Antidumping Laws
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摘要: 自从加拿大首先制定反倾销措施以来,目前已有40多个国家制定了他们的反倾销法。尽管如此,反倾销有其明显的不合理性。首先,制定反倾销法的基础——倾销有害论,不能使人信服。其次,反倾销的目的也不明确。除此以外,在反倾销操作过程中,倾销和损害之间因果关系的确定,以及非市场经济待遇问题,都有不公平的地方。这些反倾销中的缺陷被许多国家利用,作为国际贸易壁垒,目前还没有好的解决办法,还需WTO成员国继续谈判来解决Abstract: Since Canada first made the antidumping measures in the world, 40 countries have made their antidumping laws. The antidumping laws practised in every country have obvious unreasonable points. First, the basic theory that dumping is harmful and on which antidumping laws are made is not so convincing. Second, the aim of antidumping is not definite. Third, in the operation of antidumping, the confirmation of the causality between the dumping and the injury is unfair and so is the treatment of nonmarket economies. The defects of antidumping are often utilized by some countries as international trade barriers. The problems appearing in the course of antidumping cannot be solved properly. It needs continuous negotiations among the members of WTO.