Issue 3 (13) 2011

International antidumping regulations

International antidumping regulations

R.A. Shepenko

Professor of the Moscow State Institute of International Relations – University, Doctor of Law
76, Vernadskogo st., Moscow, 119454
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Nowadays a creation of uniform antidumping rules within the customs union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation is taking place. In particular, since July, 1st, 2010 the Agreement on application of special protective, antidumping and countervailing measures to the third countries (Moscow, January 25th, 2008) has come into force. It is obvious, that this process should be conducted taking into account experience of other regional associations and WTO requirements.

With the expansion of application of antidumping duties practice questions of antidumping regulation have been raised on international level. Legal regulation of antidumping is exercised at two levels: international and national. The international level of legal regulation is formed by universal treaties and the treaties with the limited number of participants, and also by bilateral treaties.

Identification of an extent in which provisions of the Antidumping code should be incorporated in the national legislation depends on various circumstances. This code breaks stereotypes a bit and its provisions are reflected in the national legislation wider than at level of base principles of antidumping regulation.

The questions connected with antidumping duties are subjected to considerable and even all-round influence of international legal regulation. At the same time some questions, such as a circumvention of antidumping measures at the international level are not regulated. Developed system of instructions can be characterized as complex, especially in case of participation of the state in regional association, including establishment of territory of free trade. For existing systems some general and special rules of interaction of sources of legal regulation are characteristic. Thus in interaction of universal treaties and treaties with the limited number of participants, as a rule, there is no place for a collision. Bilateral treaties do not influence substantially on legal regulation of an antidumping.

In the given article attempt to order the existing models of legal regulation of an antidumping is undertaken.

Keywords: dumping; treaty; Andean Community; ASEAN; EU; NAFTA; WTO; GATT; Antidumping Code

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