ผลทางกฎหมายของความตกลงว่าด้วยการปฏิบัติตามข้อ 6 ของความตกลงทั่วไปว่าด้วยภาษีศุลกากร และการค้า 1994 (การทุ่มตลาด) ต่อกฎหมายเศรษฐกิจไทย / เยาวโรจน์ กลิ่นบุญ = Legal impact of the Agreement on Implementation of Article VI of General Agreement on Tariff and Trade 1994 (dumping) on Thai economic laws / Yaowarote Klinboon
According to the Amendment of the Agreement on Implementation of Article VI of General Agreement on Tariff and Trade 1994 (Anti-dumping Agreement 1994), the members of the WTO including Thailand must change domestic laws that concern the Anti-dumping to fit with this Agreement. This research studies the change of the Anti-Dumping Agreement 1994 and the adoption of the agreement in United States of America (USA) and Thailand. Moreover, this research compares our Anti-dumping measures with both the USA's Anti-dumping measures and the Anti-Dumping Agreement 1994 for the purpose of improvement and adjustment the measure in Thailand. The reason for studying the USA's Anti-dumping measure is because the USA is a country that has an effective measure in protecting the dumping from other exporting countries. Studying on the effect of the alteration of the Anti-Dumping Agreement 1994 on the USA's and Thailand's Anti-dumping measure, we found that the changes of the USA and Thailand domestic laws mostly fit with the Anti-Dumping Agreement 1994 but differ in some detail and some application of both country's measure. From the study of USA's Anti-dumping measure, the measure can be applied effectively and efficiently in protecting the domestic industries from the dumping of other exporting countries. The USA's measure is the most precise and clear among country around the world because the detail of rules in the measure does not oppose to the Anti-Dumping Agreement 1994. The USA's measure can also be applied to some organizations (ITA, ITC and CIT) that have responsibility to negotiate and settle the cases that are concerned with the international trades. Today, Thailand has an Anti-dumping measure in the name of a Notification of Ministry of Commerce and the other one is the Bill of Anti-dumping measure that is just a draft copy of the Anti-dumping measure. From the study of the measure in both laws, we found that the rules in the Notification and the Bill are consistent with the Anti-Dumping Agreement 1994. Thailand's commitment of the agreement has some problems because the Anti-Dumping Agreement 1994's rules that are set up for the members and applied in many countries are only the scope of WTO's measure; thus Thailand’s Anti-dumping measure does not have enough detail to the apply of the measures in our country. Moreover, the application of the measure of organizations in Thailand is also the obstacles to the development of the Thailand Anti-dumping measure because of the lack of the expert's authorities and the special organizations to apply the measure. Finally, our measure must be improved and adjusted for the benefit of our country and local industries in the future.
SUBJECT
การค้าระหว่างประเทศ
ความสัมพันธ์ทางเศรษฐกิจระหว่างประเทศ
ข้อตกลงทั่วไปว่าด้วยภาษีศุลกากรและการค้า
การทุ่มตลาด
International trade
International economic relations
General Agreement on Tariffs and Trade (Organization)