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Title: The compatibility between the anti-dumping laws and policies of developing countries & the WTO law : a case study based on a critical review from the WTO law perspective of Mexico's anti-dumping system.
Authors: Gonzalez Rojas, Fernando; S0187371
Issue Date: 21-Jan-2015
Abstract: This thesis describes the current trends of the application of anti-dumping measures by their most frequent users. Thus, it illustrates that in the last couple of decades, several developing countries including Mexico, have become the most frequent anti-dumping measures users in the world. In particular, it exposes Mexico’s relevant AD facts and trends; and asserts that some empirical studies suggest that Mexico’s AD measures pursue political purposes other than remedying unfair trade practices.In order to conduct a WTO compatibility assessment of the Mexican anti-dumping system, this thesis lays down, first, the WTO anti-dumping agreement or ADA, and the jurisprudence interpreting the rules and principles disciplining the activities of the WTO Members concerning anti-dumping measures. Subsequently, this thesis comprises a review of the entirety of the anti-dumping-related provisions contained in Mexico’s Foreign Trade Act or FTA and its regulations, i.e. the Regulations of the Foreign Trade Act or RFTA; as well as of the body of interpretative criteria issued by the Mexican Ministry of Economy to further specify the provisions of the FTA and its regulations. Furthermore, this thesis completes the analysis of Mexico’s laws and interpretative criteria on anti-dumping with information on the actual behavior of the investigating authorities, gathered through interviews with former officials of the Mexican investigating authority.The core section of this thesis contains the compatibility assessment between Mexico’s anti-dumping laws and practices and the WTO law. This section builds upon the previous three parts as it engages directly with the process of contrasting Mexico’s rules and practice on anti-dumping against the ADA. Thus, this part of the thesis searches and exposes those areas where the FTA and the ADA regimes converge and diverge creating potential synergies or friction.Finally, this thesis contains a set of general conclusions that aims at servings as a list of lessons obtained from Mexico’s experience using anti-dumping remedies. These conclusions reflect the manner in which Mexico has chosen to design and apply its anti-dumping laws. In that sense, these conclusions may provide valuable lessons for developing countries other than Mexico, especially those that may face similar constraints and challenges when implementing and enforcing their own anti-dumping mechanisms.In order to conduct a WTO compatibility assessment of the Mexican anti-dumping system, this thesis lays down, first, the WTO anti-dumping agreement or ADA, and the jurisprudence interpreting the rules and principles disciplining the activities of the WTO Members concerning anti-dumping measures. Subsequently, this thesis comprises a review of the entirety of the anti-dumping-related provisions contained in Mexico’s Foreign Trade Act or FTA and its regulations, i.e. the Regulations of the Foreign Trade Act or RFTA; as well as of the body of interpretative criteria issued by the Mexican Ministry of Economy to further specify the provisions of the FTA and its regulations. Furthermore, this thesis completes the analysis of Mexico’s laws and interpretative criteria on anti-dumping with information on the actual behavior of the investigating authorities, gathered through interviews with former officials of the Mexican investigating authority.The core section of this thesis contains the compatibility assessment between Mexico’s anti-dumping laws and practices and the WTO law. This section builds upon the previous three parts as it engages directly with the process of contrasting Mexico’s rules and practice on anti-dumping against the ADA. Thus, this part of the thesis searches and exposes those areas where the FTA and the ADA regimes converge and diverge creating potential synergies or friction.Finally, this thesis contains a set of general conclusions that aims at servings as a list of lessons obtained from Mexico’s experience using anti-dumping remedies. These conclusions reflect the manner in which Mexico has chosen to design and apply its anti-dumping laws. In that sense, these conclusions may provide valuable lessons for developing countries other than Mexico, especially those that may face similar constraints and challenges when implementing and enforcing their own anti-dumping mechanisms.
Publication status: published
KU Leuven publication type: TH
Appears in Collections:Institute for International Law
Institute for European Law

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