Year: 2022
Type: article
Abstract: Trade dumping and the problems it causes, direct and indirect damage, to the economies of different countries has attracted the attention of the World Trade Organization, especially the agreement regarding the application of Article VI of the General Agreement on Tariff and Trade 1994, and the countries of the Gulf Cooperation Council under study followed suit by adopting the unified law (system) for combating dumping and measures Compensatory and preventive measures for the countries of the Cooperation Council for the Arab States of the Gulf, as a kind of unfair competition to weaken the local industry from competition from foreign companies.In this study, in the first section, we dealt with the substantive aspects of combating dumping, so we dealt with the concept of dumping, its types and its conditions, and in the second topic we talked about the procedural aspects of combating dumping, the investigation and measures taken to confront the offender of dumping.And we concluded with the following results:• The dumping to be combated is that dumping that causes harm, threatens to cause harm, or causes delay to the local industry.• The unified law suffers from a legislative deficiency regarding the scope of its application, which was limited to combating harmful practices in international trade directed at non-member states of the Gulf Cooperation ٤٤٨Council.As for the cases of dumping that may occur between member states between each other, they were not regulated in the unified law.• The unified agreement or law did not regulate the issue of compensation for the damage caused by dumping, and both the laws under study were satisfied with temporary and final measures to combat dumping.Therefore, the one affected by the dumping operations has no choice but to resort to the general rules of liability, as well as the provisions of the rules of unfair competition rules in each country.To claim compensation for damages caused by dumping.And we recommended at the end of the study:• Implementing a legislative amendment whereby dumping issues can be resolved between the GCC states, instead of limiting the unified law based on dumping cases that occur against non-GCC states.• Expending the formation and activation of the Gulf Judicial Commission for adjudicating the appeals submitted to it by the parties affected by the decisions taken by the Ministerial Committee on dumping instead of the current assignment to the Financial and Economic Cooperation Committee.
Author: عايض المرى
Institution: Mansoura University
Language: Arabic
Topic: World Trade Organization Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4312688732