Spór o postać specjalnych postanowień wewnętrznego prawa antydumpingowego Stanów Zjednoczonych i ich zgodność z prawem międzynarodowym

Abstract

The author presents the problem of unilateral response techniques in the US antidumping law. They are to function as an "interface" facilitating contacts between the Western and state-controlled economies. The new legislation of the Trade Agreements Act of 1979 is in focus of attention. The author makes an attempt to examine the influence of the former Trade Act regulation on TAA. The legal status of the 1978 Treasury Regulations is determined on the grounds of the legislative history of the TAA and is also derived from the case law. To examine the problem in all its bearings, the author is looking into the aspect of relations between the international antidumping regulation of GATT and the TAA. The unilateral response techniques are also seen in the light of the provisions of the Most Favored Nation Treatment Clause. In conclusion the author is summing up the influence of ideological and organizational conditions as well as of international legal standards on the US antidumping law making process.