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Title: The compatibility of South African anti-dumping laws with WTO disciplines
Authors: Khanderia, Saloni
Keywords: World Trade Organization
South Africa Anti-dumping law
Anti-dumping South Africa
International Trade Law
Issue Date: 1-Sep-2017
Publisher: Edinburgh University Press
Citation: African Journal of International and Comparative Law Vol 25 No.3 (2017): 347–370
Abstract: This paper evaluates the compatibility of South African laws on anti-dumping and their application with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act, 2002 and the Anti-Dumping Regulations, 2003, to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. This has in turn resulted in strained relationships between South African and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.
ISSN: 0954-8890
Appears in Collections:JGU Research Publications

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