COMMERCIAL ANTI-DUMPING, MEANS TO PROTECT FREE COMPETITION IN INTERNATIONAL TRADE RULES AND ALGERIAN LEGISLATION
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Abstract
Free competition is considered a fundamental objective of the global trading system based on free trade. However, dumping can undermine this trading system and is an illegal international trade practice that is anti-competitive. Dumping disrupts market equilibrium and circumvents the laws of supply and demand. Therefore, the fight against commercial dumping is one of the most important tools to protect free competition in the international trading system. In this regard, the World Trade Organisation (WTO) has developed a comprehensive agreement called the Anti-Dumping Agreement, which deals with the implementation of Article VI of the GATT 1994. This agreement establishes strict procedures and measures to protect free international trade competition against dumping and to promote liberalised foreign trade. This study examines the concept of dumping, its types, and how it differs from similar practices, while also examining the mechanisms established to combat dumping under this agreement
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References
International agreements and legal texts:
General Agreement on Tariffs and Trade (GATT) 1947.
Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement).
Law No 98-10 of 22 August 1998 on customs, Official Journal No 61 of 1998, as amended by Law No 79-07 of 21 July 1979, p. 6.
Decree No. 04-03 of 19 Jumada Al-Awwal 1424 corresponding to 19 July 2003, relating to the rules applicable to import and export operations, Official Journal No. 43 of 2003, p. 35.
Executive Decree No. 05-222 dated 15 Jumada Al-Awwal 1426 corresponding to 22 June 2005, specifying the conditions for implementing the right against dumping and its procedures, Official Gazette No. 43 of 2005, p. 16.
Books:
Omar Mohamed Hammad, Unlawful Monopoly and Unfair Competition, Analytical Study, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2009.
Mohamed Suleiman Qura, Harmful Practices in International Trade and Ways to Combat Them: Dumping, Excessive Subsidisation and Unjustified Increase in Imports, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2015.
Jacob Viner, The Dumping Problem in International Trade, New York: Augustus M. Kelly Publishers, 1966.
Sayed Taha Badawi, Economic Legislation in Light of the Latest Legislative Amendments, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2016.
Abdel Monem Musa Ibrahim, Consumer Protection, Halabi Rights Publications, first edition, Lebanon, 2007.
Mohamed Mohamed El-Ghazali, The Problem of Dumping: A Comparative Study, Dar Al-Jamea Al-Jadeeda, Alexandria, Egypt, 2007.
Amal Mohamed Shalabi, Restricting Monopoly Mechanisms from a Legal Perspective, Dar Al-Jamea Al-Jadeeda, Alexandria, Egypt, 2006.
-John Howard Jackson, The World Trading System, Law And Policy Of International Economic Relation, The Massachusetts institute of technology press 2nd Edition .1997 .p 251.
Maghawri Shalabi Ali, Protection of Competition and Prevention of Monopoly: Analysis of Important International and Arab Experiences, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2005.
Iyad Essam Al-Hattab, Combating Trade Dumping: Legal Measures in International Laws and Agreements, Dar Al-Thaqafa, first edition, Amman, Jordan, 2011.
Abdul Basit Wafa, Policy of Project Destruction through Prices and Its Impact on Competitive Markets, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2001.
Doctoral Theses:
Benatia Lakhdar, Legal guarantees to combat dumping under the World Trade Organisation, Doctoral thesis, Faculty of Law, Ben Aknoun University, Algeria, 2012-2013.
Kadri Latifi Mohammed Saleh, Mechanisms for protecting competition in international trade, Doctoral thesis, Faculty of Law and Political Science, Mohammed Khider University of Biskra, 2017.
Yousefi Maamar, Regulation and Protection of International Competition in the Context of Global Trade Liberalisation, Doctoral Thesis, Faculty of Law and Political Science, Abdelhamid Ibn Badis University, Mostaganem, 2019/2020.
Master's Theses:
Attar Nasima, The legal system of dumping in light of the evolution of international trade law, Master's thesis, Faculty of Law and Political Science, Abi Bakr Belkaid University, Tlemcen, 2013-2014.
Articles:
Belkhiri Hanane, Abuse in Price Reduction, Academic Journal of Legal Research, Volume 14, Issue 02, 2016.
Laour Badra, Competition Protection against Abuse of Offering or Practicing Reduced Prices to Consumers under Algerian Competition Law, Al-Mufakkir Journal, Faculty of Law and Political Science, Mohammed Khider University of Biskra, Issue 10, 2014.
Leila Meshtar, Dedication of the right against dumping between the GATT 1994 Anti-Dumping Agreement and Algerian legislation, Journal of Legal and Political Research, Volume 07, Issue 01, 2022.
Madani Ladjel and El-Tahir Brayek, Combating trade dumping as a practice contrary to international trade, Al-Ijtihad Journal of Legal and Economic Studies, Volume 07, Issue 01, 2018, p. 2012.
Baouch Dalila, Legal Mechanisms for Combating Trade Dumping within the Framework of the World Trade Organization, Journal of Humanities, Volume 31, Issue 04, 2020.
Conference proceedings:
Mohamed Abdel Halim Omar, The Problem of Dumping and Price Burning, working paper presented at the Eighteenth Discussion Session held at the Saleh Abdullah Kamel Center for Islamic Economics, Al-Azhar University, 2009, p. 03.