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EU Anti-Circumvention Rules: Do They Beat the Alternative?

Author

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  • Edwin Vermulst
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.

Suggested Citation

  • Edwin Vermulst, 2015. "EU Anti-Circumvention Rules: Do They Beat the Alternative?," RSCAS Working Papers 2015/57, European University Institute.
    • Handle: RePEc:rsc:rsceui:2015/57
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    File URL: http://cadmus.eui.eu/bitstream/handle/1814/36657/RSCAS_2015_57.pdf?sequence=1
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    File URL: http://hdl.handle.net/1814/36657
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    Citations

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    Cited by:

    1. Antonella Forganni & Heidi Reed, 2019. "Circumvention of Trade Defence Measures and Business Ethics," Journal of Business Ethics, Springer, vol. 155(1), pages 29-40, March.
    2. Valantiejus Gediminas & Katuoka Saulius, 2019. "Uniformity of Application of the EU Customs Law: Problematic Aspects in the Baltic States," Economics and Culture, Sciendo, vol. 16(2), pages 21-38, December.
    3. Luca Barbaglia & Christophe Croux & Ines Wilms, 2022. "Detecting Anti-dumping Circumvention: A Network Approach," Papers 2207.05394, arXiv.org.

    More about this item

    Keywords

    Circumvention; trade remedies; trade defence instruments; dumping; anti-dumping measures; rules of origin;
    All these keywords.

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