Processes of cooperation and integration between countries are very important in the modern world. At the present time, a profound influence and an interrelation between countries is noticeable. The result of these processes in the future should be a fully free transmission of goods, services and subjects of intellectual property, capitals and human resources. At the same time, there is still a big gap in the level of economic development of countries in the world. This imbalance creates a collision between two different policies of world trade. Some countries provide liberalisation of international trade, other countries advocate protectionism to support a domestic market by using barriers and restraints on trade. One manifestation of this collision is dumping. There should be communication between authorities on both sides of the trade process as an exporter and importer too because dumping threatens to injure domestic market. The best way of interaction is involvement an independent arbiter. The World Trade Organisation (WTO) takes this function upon itself. This conflict of interest could be solved by anti-dumping legislation - a powerful instrument of international trade regulation.
The general meaning of the term “dumping” is “unfair export”, which means exporting goods at an unreasonably low price, which much more less than the price in the domestic country or considerable lower the costs of producing these goods. Dumping as a legal definition of “unfair export” first appeared at the beginning of the twentieth century. The first country to approve anti-dumping regulation was Canada in 1904. New Zealand did it in 1905, Australia in 1910 and South Africa in 1914. The USA adopted it in 1916, Great Britain in 1921.
The main principles of anti-dumping regulation for the purposes of international trade were formed in the General Agreement on Tariffs and Trade (GATT) in 1947. In 1968, the Anti-dumping Code was validated. At the present time, the relationship concerning international trade among the majority of countries is regulated by the WTO, which has 153 members, covering 97% of the world economy. In 1994, the Anti-dumping Code was displaced by the Agreement on Implementation of Article 4 of GATT, which is better-known as the Anti-dumping Agreement (AA). Anti-dumping regulation is a quite novel area of international law, but developing dynamically. In 1947 Anti-dumping regulation considered only goods, presently it covers exchanging dumping, social dumping, and freight dumping as well. Though the AA is part of international trade legislation, it does not mean that all WTO members are unconditionally members and bound by the AA. Members of the WTO are free to adopt the AA. However, countries those accept it must do as instructed by the AA.
The AA established the Committee of Anti-dumping Practices, which is consist of all WTO members. The Committee is an international authority, that conducts legal investigations of dumping cases....