Anti-dumping under turkish law : a critical assessment ; L'antidumping en droit Turc : une évaluation critique

Abstract

Since the adoption of its first anti-dumping legislation in 1989, Turkey made its way into the list of countries that are the most active users of anti-dumping measures. However, the country's anti­dumping system needs a comprehensive reform. The WTO Anti-Dumping Agreement has the force of law under Turkish law. Further, there is national anti-dumping legislation consisting of a law, a decree and a regulation. Yet, there is no legal requirement that necessitates the inclusion of a law or decree in the anti-dumping legislation. Therefore, we propose to repeal the Anti-Dumping Law and Decree and to limit the legal basis for anti-dumping proceedings to the Anti-Dumping Regulation. This will provide the authorities with the flexibility to make the amendments that will be needed in future, and will eliminate the man y instances of overlap among the three elements of the current legislation. The current legislation contains certain provisions that are inconsistent with the Anti­Dumping Agreement and they need to be modified. There are also aspects where the written rules are compatible with WTO principles but the authorities' practice does not follow such rules. This type o1 practice should not be repeated. We argue that the place and structure of the Turkish anti-dumping authority is far from ideal and does not respond to the needs of national industries. In our view, the authority should be detached from the Ministry of Economy and organized as an independent government agency, or should be attached to the Competition Authority, or should be reorganized, together with other departments that also deal with trade remedies, as a new directorate general within the Ministry of Economy. Judicial review of the determinations of the investigating authority is not effective. We propose to establish a specialized court for this review and to provide the judges who will serve in this court with the necessary training in order to ensure effective judicial review. ; Depuis l'adoption de sa première législation antidumping en ...