The Compatibility of South African anti-dumping laws with WTO disciplines

Khanderia, Saloni (2017) The Compatibility of South African anti-dumping laws with WTO disciplines. African Journal of International and Comparative Law, 25 (3). pp. 347-370. ISSN 1755-1609

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This article evaluates the compatibility of South African laws on anti-dumping 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 2005 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, the 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 Africa and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.

Item Type: Article
Keywords: World Trade Organization | South Africa Anti-dumping law | Anti-dumping South Africa | International Trade Law
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 06 May 2022 12:57
Last Modified: 06 May 2022 12:57
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