Determination of Injury under the GCC Common-law on Antidumping, Countervailing Measures and Safeguard Measures and its Rules of Implementation (Published)
Anti-dumping investigations consist of two major stages. The first stage involves identification of whether the product under the investigations is being dumped. Once the investigative authority finds that the product is being dumped, it moves the second phase, injury determination. While significant experience has been gained in the first stage, the second stage came to the scrutiny relatively recently. Indeed, in earlier times the majority of anti-dumping investigations were terminated at the first stage. Only few anti-dumping complaints reached the second stage. However, with the proliferation of anti-dumping investigations in the United States and the EU, many anti-dumping complaints now reach the injury determination stage. Due to this developed many of the concepts of injury determination has been clarified. However, some of them remain vague and ambiguous. The current paper looks at these concepts and attempts to explain them.The vast majority of the existing research on anti-dumping understandably focuses on the US and the EU anti-dumping laws. Recently, scholars began paying more attention to the development of anti-dumping laws in China and India. There is also the research covering anti-dumping legislation in Australia, Canada, Mexico, and Brazil and so on. However, very little research is available on anti-dumping laws of the States belonging to the Gulf Cooperation Council (GCC). There are few works that mention the GCC Common Law on Law on Antidumping, Countervailing Measures and Safeguard Measures and its Rules of Implementation (GCC Common Law). These works, however, do not provide any in-depth analysis of the GCC Common Law provisions. The current paper aims to address the research gap by focusing on injury determination provisions contained in the GCC Common Law.
The Adequacy of the Common Law of the GCC to Protect the Saudi Domestic Manufacturing Industry from International Trade Dumping Practices: A Critical Evaluation of the Protection System (Published)
The Practice of dumping in the global market is clearly of concern to all trading States, whether importers or exporters. It is a form of price discrimination and unfair competition, affecting a broad range of competing interests, both national and foreign, and products in the captive market. What protects the Gulf market in general, and the Saudi market in specific, from these injurious practices are the legal provisions of the GCC ‘Common Law on Antidumping, Countervailing Measures and Safeguard Measures and its Rules of Implementation’. Since the adoption of the GCC Common Law in 2003, almost all dumping complaints did not proceed further than the investigation stage. One possible explanation that might be provided is that there might be no real dumping problems in Saudi market. However, this explanation is difficult to accept, especially because Saudi Arabia had experienced the existence of the problem even before adopting the free market system by becoming a WTO member. Therefore, the aim of this research is to identify the gap between the theory and the application. This requires an investigation of the adequacy of the Common Law so that it can provide a sufficiently protective framework to the Saudi market against the dumping problem. It also requires exploring how the law is applied.