EU Anti- Circumvention Rules: Do They Beat the Alternative

05/08/2015 12:00 - 1500 Views

Edwin Vermulst

This article discusses EU law and practice with regard to tackling circumvention of trade defence instruments, notablyanti- 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. Furtherrmore, 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.

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