Antidumping law in developing countries with special reference to Afghanistan

Abstract

This dissertation examines Antidumping Law in Developing countries with special reference to Afghanistan. It questions the appropriateness and the effectiveness of this trade remedy measures as an instrument of international competition administration and suggests alternatives and improvements. It also further discusses the history of Antidumping laws and the introduction of GATT under WTO has well as the available remedies to states to protect the domestic industries and the fair competition. It mainly focuses on the overall substantive rules of World Trade Organization such as GATT and dumping agreement. This dissertation also discusses the Dumping under WTO and the laws against it. It further discusses the economic analysis of Dumping, in regards to price discrimination and the sale below cost. The welfare impact of Dumping and the rationale behind why there is an Antidumping law are analysed too. Last but not least, the Afghanistan`s accession to the WTO and the needs for Afghanistan to harmonise its trade laws in accordance with WTO rules as well as to base its Antidumping laws from India as a model are further analysed. This study finds that Afghanistan needs to reform its laws in conformity with WTO rules, as Afghanistan will not be able to apply any anti-dumping, countervailing or safeguard measures until it has appropriate WTO-consistent laws in its own legal system. Afghanistan will only be able to apply such measures in conformity with the relevant WTO provisions.