Agreements that Governed Anti-dumping duties in International Level

Anti-dumping duties are governed by several key international agreements and frameworks designed to regulate and enforce fair trade practices. Here’s a point-wise overview of the primary agreements that govern anti-dumping duties at the international level:

1. World Trade Organization (WTO) Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement):
   • Overview: This is the main international agreement specifically addressing anti-dumping measures. It sets out the rules and procedures that WTO member countries must follow when implementing anti-dumping duties.
   • Key Provisions: It includes guidelines on how to conduct investigations, calculate dumping margins, and impose duties. It also establishes procedures for transparency, fairness, and due process in anti-dumping investigations.
2. General Agreement on Tariffs and Trade (GATT) 1994:
   • Overview: The GATT, which is part of the WTO framework, provides the foundational principles for international trade, including anti-dumping measures.
   • Key Provisions: It includes Article VI, which outlines the basic principles for the use of anti-dumping duties. The Anti-Dumping Agreement expands on these principles, providing more detailed rules and procedures.
3. Agreement on Subsidies and Countervailing Measures (SCM Agreement):
   • Overview: While primarily focused on countervailing measures, this agreement also intersects with anti-dumping issues when dealing with subsidies that distort competition.
   • Key Provisions: It defines what constitutes a subsidy and the procedures for investigating and counteracting subsidies that negatively impact domestic industries. It provides additional tools for addressing unfair trade practices that could also be linked to dumping.
4. Regional Trade Agreements (RTAs):
   • Overview: Many regional trade agreements have provisions related to anti-dumping duties that apply among member countries.
   • Key Examples: Agreements like the North American Free Trade Agreement (NAFTA) and the European Union’s internal trade rules have specific clauses governing the use of anti-dumping measures within the regional context.
5. Bilateral Trade Agreements:
   • Overview: Bilateral trade agreements between two countries may include provisions related to anti-dumping duties.
   • Key Provisions: These agreements often address the application of anti-dumping measures and provide mechanisms for resolving disputes related to dumping practices.
6. Trade and Development Agreements:
   • Overview: Agreements aimed at promoting development and trade between countries, especially developing nations, sometimes include clauses on anti-dumping.
   • Key Provisions: These agreements often focus on ensuring that anti-dumping measures do not disproportionately affect developing countries and may include provisions for technical assistance and capacity building.
7. International Court of Justice (ICJ) and Dispute Settlement Mechanisms:
   • Overview: While not specific to anti-dumping duties, international legal bodies like the ICJ and various dispute resolution mechanisms play a role in resolving conflicts that may arise from the imposition of anti-dumping measures.
   • Key Provisions: They provide forums for adjudicating disputes related to the legality and application of anti-dumping duties in accordance with international law and agreements.

These agreements and frameworks collectively ensure that anti-dumping duties are applied fairly and consistently across international borders, promoting a balanced and transparent approach to managing trade practices.