Comparative Study on Anti-dumping Judicial Review Systems

Author: Sun Wen
Publisher:
Publish Date: 2004-12-01
Features: This book is divided into five parts in the main text, discussing the institutional basis, legal framework, procedural models, as well as the standards and intensity of anti-dumping judicial review from the legislative norms and case law of the EU and the United States. In the final chapter, the author presents some ideas that emerged during the writing process and the implications of the EU and U.S. systems for China. The basic logical thread and main content arrangement of the book are as follows:
Chapter 1 focuses on the institutional foundation of anti-dumping judicial review, tracing its historical trajectory to define the nature of anti-dumping law and anti-dumping judicial review, revealing the inevitability, necessity, and gradual development of their formation. It mainly includes three parts: the nature of anti-dumping law, the legislative development process of anti-dumping law, and the nature and historical development trend of anti-dumping judicial review.
Chapter 2 attempts to construct the legal framework of anti-dumping judicial review from three perspectives: the international law level, the domestic law level, and the domestic application of WTO anti-dumping law, providing a macroscopic analysis.
Chapter 3 focuses on the comparative study of the procedures of anti-dumping judicial review. The content is divided into three parts, examining the judicial review models of the United States, the EU, and China, analyzing aspects such as court jurisdiction, parties to the lawsuit, filing, acceptance, burden of proof, judgments, and remedies in conjunction with relevant legislative rules. This section starts from a micro perspective, seeking characteristics based on commonalities.
Chapter 4 is the core of the book, discussing the standards and intensity of anti-dumping judicial review.
The final chapter, Chapter 5, is a summary of the comparative study of anti-dumping judicial review based on the preceding chapters.