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Forum Paper Title: Antidumping in the Regional
Integration Process: a legal framework for the Free Trade Area of the Americas
Description of Forum Paper:
This research deals with the development of the trade policy in
the FTAA, focusing on the antidumping system to be implemented in the region.
Against the backdrop of the controversies raised by the antidumping measures
and the heated discussions naturally presented by this kind of process of
integration, it is vital to assess the implication of these measures. My
overall intention is to make a substantial contribution towards the creation of
a possible antidumping system framework for the FTAA.
The national trade policies of the USA and Brazil will be examined
in order to identify these two FTAA members' priorities and positions when
concerning the orientation of their antidumping systems in this phase of their
regional integration. The purpose is not only to draw comparisons between the
legal mechanisms and instruments used by the two members on the national level,
but also to try to address some other factors involved in the trade
negotiations- in particular economic, political, and social influences.
Additionally, emphasis will be placed on the historical development and
contemporary discussions surrounding the reform of the antidumping system
around the world, and the impact of the other trade agreements in the region,
especially MERCOSUR and NAFTA.
The main goal of this study, however, is to meet the following
overall objectives:
- to develop a better understanding of the relations between Brazil
and USA;
- to determine the impact of the applied antidumping measures by
these countries on regional competitiveness so far;
- to illustrate the positions of the two countries in this matter,
providing relevant empirical information;
- to examine the FTAA Second Draft Agreement: Chapter on Subsidies
Antidumping and Countervailing Duties;
- to review the FTAA Draft Agreement : Chapter on Dispute
Settlement, its proposed structure (concentrating on the different presented
measures), and its potential role, and the possible problems of jurisdiction
and enforcement in the antidumping area;
- to question the feasibility and adequacy of a separate review and
dispute settlement in antidumping matters for the FTAA.
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