COMMERCIAL ANTI-DUMPING, MEANS TO PROTECT FREE COMPETITION IN INTERNATIONAL TRADE RULES AND ALGERIAN LEGISLATION

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CHAIB BOUZIANE

Abstract

     Free competition is considered a fundamental objective of the global trading system based on free trade. However, dumping can undermine this trading system and is an illegal international trade practice that is anti-competitive. Dumping disrupts market equilibrium and circumvents the laws of supply and demand. Therefore, the fight against commercial dumping is one of the most important tools to protect free competition in the international trading system. In this regard, the World Trade Organisation (WTO) has developed a comprehensive agreement called the Anti-Dumping Agreement, which deals with the implementation of Article VI of the GATT 1994. This agreement establishes strict procedures and measures to protect free international trade competition against dumping and to promote liberalised foreign trade. This study examines the concept of dumping, its types, and how it differs from similar practices, while also examining the mechanisms established to combat dumping under this agreement

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References

International agreements and legal texts:

General Agreement on Tariffs and Trade (GATT) 1947.

Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement).

Law No 98-10 of 22 August 1998 on customs, Official Journal No 61 of 1998, as amended by Law No 79-07 of 21 July 1979, p. 6.

Decree No. 04-03 of 19 Jumada Al-Awwal 1424 corresponding to 19 July 2003, relating to the rules applicable to import and export operations, Official Journal No. 43 of 2003, p. 35.

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Benatia Lakhdar, Legal guarantees to combat dumping under the World Trade Organisation, Doctoral thesis, Faculty of Law, Ben Aknoun University, Algeria, 2012-2013.

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Attar Nasima, The legal system of dumping in light of the evolution of international trade law, Master's thesis, Faculty of Law and Political Science, Abi Bakr Belkaid University, Tlemcen, 2013-2014.

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