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International Trade Law

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Selected Works

2012

Free trade

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Rethinking Free Trade, Fernando L. Leila Apr 2012

Rethinking Free Trade, Fernando L. Leila

Fernando Leila

This paper examines the present theories and shortcomings of current free trade policy, and the consequences thereof, which promote protectionist behavior among countries on an international scale. Theoretically, free trade should encourage progress within the global community. However, developing countries, with astonishing growth rates, like Brazil, China or India, have based their economies on opposing economic policies, closer to mercantilism than liberalization or free trade, allowing for poor countries to question whether free trade is the right way to improve their economies. Furthermore, a huge gap exists between what developed countries preach and what they practice, presenting a major obstacle …


Constructive Methods And Abuse Of Antiumping Laws: A Legal Analysis Of State Practice Within The Wto Framework, P.R. Thulasidhass Feb 2012

Constructive Methods And Abuse Of Antiumping Laws: A Legal Analysis Of State Practice Within The Wto Framework, P.R. Thulasidhass

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This article outlines the problems of constructive antidumping methods utilised by some WTO member countries when imposing dumping duties on products from other countries, as well as their negative impacts on free trade. It highlights five such methods – the arm’s length test, the practice of zeroing, the constructed cost method, the use of downstream sales, and the captive production method – based on the analogy drawn from case laws decided by the WTO Appellate Body. The central theme of this article is that although the developed countries preach the concept of free trade, they do not follow the same …