Summary of the doctoral dissertation: Settlement of anti-dumping disputes within the WTO framework and the participation of developing countries and Vietnam – Theoretical and practical issues

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI UNIVERSITY OF LAW NGUYEN THI THU HIEN SETTLEMENT OF ANTI-DUMPING DISPUTES WITHIN THE WTO FRAMEWORK AND THE PARTICIPATION OF DEVELOPING COUNTRIES AND VIETNAM – THEORETICAL AND PRACTICAL ISSUES Speciality: International Law Ref. Code No.: 62 38 01 08 SUMMARY OF THE DOCTORAL DISSERTATION HÀ NỘI - 2014 The thesis was completed at: HANOI UNIVERSITY OF LAW THE AUTHOR’S PUBLICATION LIST REGARDING TO THE DOCTORAL THESIS 1. Nguyen Thi Thu Hien, (2011), Identifying principal legal Supervisor: Assoc. Prof., Dr. Hoang Phuoc Hiep features of anti-dumping disputes within the WTO, Jurisprudence Journal, No.8/2011, p. 38-43 & p. 24. Reviewer 1: Prof., Dr. Le Hong Hanh 2. Nguyen Thi Thu Hien, (2012), Historical development of the Reviewer 2: Assoc. Prof., Dr. Tang Van Nghia Reviewer 3: Assoc. Prof., Dr. Dinh Ngoc Vuong Rules on the Resolution of Anti-dumping disputes within the WTO, Jurisprudence Journal, No.10/2012, p. 24-30 3. Nguyen Thi Thu Hien, (2013), Anti-dumping disputes settlement within the WTO – a comparison with dumping disputes settlement at national level, State and Law Review , No.6(302)/2013, p. 61-67. The thesis is upholding at the University Doctoral thesis Examination Board, meeting at Hanoi University of Law. The last (hour) on (date/month), 2014 The thesis can be found at: 1) The National Library 2) The Library of Hanoi University of Law 1 INTRODUCTION 1. Rationale of the research paper 2 Following the guidelines set forth by the Political Party, considering Vietnam’s recent participation in anti-dumping cases as well as the exigent requirements of Vietnam, etc., there In current international trade practice, anti-dumping is clearly a highly urgent need for the doctoral research disputes have become increasingly popular and complex. "Settlement of anti-dumping disputes within the WTO Facing this phenomenon, in addition to finding ways to deal framework and the participation of developing countries and with anti-dumping investigation and imposition of anti- Vietnam – Theoretical and practical issues”, which is both dumping duties overseas, Members of the World Trade theoretically and practically valuable. Organization (WTO) actively resort to appropriate mechanisms 2. The subjects and scope of research to protect their legitimate rights and interests. The Dispute Subjects of the thesis include: the formation and Settlement Mechanism (DSM) of the WTO is thought to be one development history and the application of international law in of the most effective mechanisms at present. anti-dumping dispute settlement at the WTO; the WTO`s On 11/01/2007, Vietnam officially became the 150th current conceptions on anti-dumping issue, anti-dumping Member of the WTO. Studying the WTO law and actively participating in international economic integration as well as in resolving international disputes become a key task set out by the Political Party and the State in various documents. In fact, by the end of 12/2013, Vietnam has participated in nine out of nineteen anti-dumping lawsuits involving Vietnam at the WTO. disputes and international law applicable to the anti-dumping dispute settlement; the content of general and specific legal issues of the international law applicable to anti-dumping dispute settlement at the WTO; the practices of the WTO anti-dumping dispute settlement; the practices of participation of a number of developing countries, and Vietnam, in anti-dumping In each dispute, Vietnam, at a certain level, actively dispute settlement at the WTO. participated in the DSM of the WTO. However, Vietnam’s Issues on anti-dumping disputes and the settlement participation has been limited due to the complexity of the disputes as well as its ineffective coordination mechanism. This mechanism within the WTO framework are complex, therefore, require a wide scope of research. Within the limited length for a reality puts out an urgent request on the need for a thesis, the author may only focus on some issues such as: (1) comprehensive study on the practice of law applicable to anti-dumping dispute settlement within the WTO framework as well as the coordination mechanism among Vietnam’s agencies at home and overseas in this field. the formation and development history and the application of international law in anti-dumping dispute settlement at the WTO; (2) current conceptions of the WTO on anti-dumping, anti-dumping disputes and international law applicable to anti- dumping dispute settlement; (3) general and specific legal 3 issues of international law applicable to anti-dumping dispute 4 developing countries as well as their practices of participation settlement, focusing on distinctive characteristics of anti- in anti-dumping dispute settlement, and of Vietnam in dumping dispute settlement and the scope of anti-dumping particular; on that basis, suggests solutions that can help dispute issues referred to the Dispute Settlement Body (DSB). Although all dispute settlement methods within the WTO improve the effectiveness of participation of Vietnam in the WTO anti-dumping dispute settlement. framework will be mentioned, the author will focus on To accomplish such objectives, the thesis proposes the discussing anti-dumping dispute settlement at the DSB/WTO; (4) the WTO’s practices of anti-dumping dispute settlement in following tasks of research: - Analysing various views on anti-dumping issue and general and the in-practice participation of India, China, anti-dumping dispute settlement, and fundamental theoretical Thailand and Vietnam in this field. 3. Methodology and research methods To further clarify the above-mentioned issues, the thesis is done on the basic of using scientific research methods such as: the method of dialectical materialism, historical materialism issues of international law applicable to anti-dumping dispute settlement within the WTO framework; - Synthesising, analysing and evaluating practices of anti-dumping dispute settlement at the WTO; focusing on the analysis of a number of cases and identifying shortcomings of combined with systematic approach, synthesis methods, the current regime; analysing and assessing the participation of analytical methods, statistical methods, methods of comparison and contrast, combining theoretical with practical studies to provide specific and feasible solutions. In this thesis, the India, China, Thailand and Vietnam in anti-dumping dispute settlement at the WTO to present the experience lessons; - Analysing fundamental views and guidlines to suggest comparative method is utilized in most of the chapters, solutions that can help improve the effectiveness of especially in Chapter 2 whenever related legal terms are participation of Vietnam in anti-dumping dispute settlement at compared . Similarly, the method of combining theoretical with practical research is used throughout the entire content of the the WTO. 5. New research findings of the doctoral dissertation thesis. Methods of synthesis and analysis are used to - The thesis further clarifies the WTO’s current conception complement comparative method. on anti-dumping disputes by distinguishing these disputes 4. The objectives and tasks of research The objectives of the thesis is to further clarify the within the WTO framework with: (i) "dumping disputes" and "anti-dumping disputes" under the national law of a Member theoretical and practical issues through a comprehensive and country, and; (ii) "anti-subsidy disputes" and "safeguard systematic research into issues relating to anti-dumping dispute disputes". These terms are often easily confused, therefore, the settlement within the WTO framework, the position of thesis helps to clarify and distinguish them; 5 - The thesis contributes to clarifying the content and distinctive characteristics of the international law applicable to anti-dumping dispute settlement in comparison with the law applicable to the settlement of international trade disputes at the WTO; 6 recommendations for Vietnam as either a plaintiff, defendant or third party in WTO anti-dumping cases. 6. The structure of the thesis The thesis consists of an introduction, main content, conclusion, bibliography and appendices. The main content of - The thesis contributes to clarifying the interactive the thesis is organized into four chapters, each ends with a sub-relationship between anti-dumping dispute settlement under the conclusion, namely: WTO law and dumping dispute settlement under the national Chapter 1: Overview on researches abroad and in law of a Member country; - The thesis further clarifies the scope and characteristics of the four anti-dumping dispute issues referred to the DSB, including disputes over definitive anti-dumping duties, disputes over the acceptance of a price undertaking, disputes over provisional measures, and disputes over the inconsistency of the national law of a Member country with the WTO Anti-dumping Agreement (ADA); - The thesis speculates trends in the development of international law applicable to anti-dumping dispute settlement at the WTO; - The thesis analyses the practices of anti-dumping dispute settlement at the WTO; draws participating experiences of India, China and Thailand; and points out the current reality and reasons for the limited participation in resolving these disputes of developing countries in general and that of Vietnam in particular; - Based on theoretical and practical analyses, the thesis presents lessons and suggests new feasible solutions that can help improve the effectiveness of participation of Vietnam in Vietnam regarding to the doctoral dissertation topic. Chapter 2: Theoretical issues of anti-dumping disputes and of international law applicable to anti-dumping dispute settlement at the WTO. Chapter 3: The WTO’s practices of anti-dumping dispute settlement and the participation of developing countries and Vietnam. Chapter 4: Direction and solutions for improving the effectiveness of Vietnam`s participation in anti-dumping dispute settlement at the WTO. MAIN CONTENT OF THE THESIS CHAPTER I OVERVIEW ON RESEARCHES ABROAD AND IN VIETNAM REGARDING TO THE DOCTORAL DISSERTATION TOPIC 1.1. Researches in other countries WTO anti-dumping dispute settlement, especially specific ... - tailieumienphi.vn