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EU anti-circumvention rules : do they beat the alternative?
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1028-3625
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EUI RSCAS; 2015/57; Global Governance Programme-180; Global Economics
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VERMULST, Edwin, EU anti-circumvention rules : do they beat the alternative?, EUI RSCAS, 2015/57, Global Governance Programme-180, Global Economics - https://hdl.handle.net/1814/36657
Abstract
This article discusses EU law and practice with regard to tackling circumvention of trade defence instruments, notably anti-dumping measures. The author considers that, while strong legal arguments can be made that anti-circumvention rules are WTO-illegal, as a practical matter transparent and predictable anti-circumvention rules are to be preferred over vague and multi-interpretable non-preferential origin rules that vary from country to country. Furthermore, the many findings of transhipment in EU anti-circumvention investigations show that circumvention may constitute a real problem which warrants quick and effective relief. Therefore, the article suggests that the way forward is to agree on detailed anti-circumvention rules within the WTO with focus on further improvements in transparency and predictability.