It has been argued by experts that agreements on anti-dumping practices and agreement on subsidies and countervailing measures are defensive tools available to importing countries to deal with conditions of unfair trade
CS Professional · International Business – Laws and Practices · PYQS · December 2016
It has been argued by experts that agreements on anti-dumping practices and agreement on subsidies and countervailing measures are defensive tools available to importing countries to deal with conditions of unfair trade practices in international trade. Do you agree? Justify.
Answer & Explanation:
Yes, I agree with the argument that agreements on anti-dumping practices and subsidies and countervailing measures are defensive tools available to importing countries to deal with unfair trade practices in international trade. Here's the justification: 1. Understanding Unfair Trade Practices: Dumping: This occurs when goods are exported by one country to another at a price lower than their 'normal value' (typically the price in the exporter's domestic market). Dumping is considered an unfair trade practice because it can distort international trade, harm domestic industries in the importing country by undercutting prices, and drive competitors out of the market. Subsidies: These are financial contributions or support provided by a government or public body that confers a benefit to specific enterprises or industries. While some subsidies are permissible, certain types (like export subsidies) can distort trade by giving an unfair cost advantage to the subsidized products in international markets. 2. WTO Agreements as Defensive Tools: The World Trade Organization (WTO) provides specific agreements that allow importing countries to take action against these unfair practices, acting as defensive mechanisms: WTO Agreement on Anti-Dumping (Agreement on Implementation of Article VI of GATT 1994): Purpose: This agreement permits an importing country to impose an 'anti-dumping duty' on dumped imports if it determines that dumping is occurring and is causing 'material injury' (or threat thereof, or material retardation of establishment) to its domestic industry. Defensive Nature: Anti-dumping duties are not protectionist measures per se; rather, they are designed to restore fair competition. They rectify the situation created by dumping, ensuring that domestic industries can compete on a level playing field without being unfairly disadvantaged by artificially low prices. It provides relief to the domestic industry against injury caused by dumping. WTO Agreement on Subsidies and Countervailing Measures (ASCM): Purpose: This agreement sets out rules for when subsidies are prohibited (e.g., export subsidies, subsidies contingent on the use of domestic over imported goods), when they are actionable (i.e., can be challenged if they cause adverse effects to another member), and how importing countries can impose 'countervailing duties' to offset the effect of subsidized imports. Defensive Nature: Countervailing duties are imposed by an importing country to neutralize the unfair price advantage that subsidized imports receive. This prevents domestic industries from being harmed by foreign products that benefit from government support, thereby ensuring fair trade. The ASCM provides remedies against injurious subsidization. 3. Justification for Defensive Tools: Ensuring Fair Trade: Both agreements aim to ensure that international trade operates on principles of fairness and non-distortion. They prevent countries from gaining an unfair advantage through predatory pricing (dumping) or government support (subsidies). Protecting Domestic Industries: Without these tools, domestic industries in importing countries would be vulnerable to severe damage from unfairly priced or subsidized imports, leading to job losses, reduced investment, and economic instability. WTO Permitted: The use of anti-dumping and countervailing measures, when applied according to WTO rules, is explicitly permitted as an instrument of fair competition, not as a general protectionist barrier. Example (India): India, like many other countries, has utilized these tools. For instance, India has imposed anti-dumping duties on stainless steel imports to protect its domestic industry. Conversely, Indian exports have sometimes faced countervailing duties in other countries when they were deemed to benefit from actionable subsidies. In conclusion, these WTO agreements provide a legitimate framework for importing countries to defend their domestic industries against specific unfair trade practices, thereby contributing to an orderly and equitable international trading system.
Topics: WTO Agreements
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