Anti-dumping and anti-subsidy on Saudi’s petrochemical products

Abstract

In recent years, petrochemicals products from Saudi Arabia have been the subject of anti-dumping (AD) cases in several countries. This has raised questions about whether Saudi Arabia’s domestic laws and regulations relating to AD and anti-subsidy are, (1) effective, and (2) compatible with Saudi Arabia’s international legal obligations under the World Trade Organisation (WTO). This thesis examines the compatibility of Saudi Arabia’s domestic laws concerning AD, with international trade law, under the WTO agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement (AD Agreement)). It critically analyses cases filed against Saudi Arabia’s petrochemicals products in a number of countries; including India, China, and Turkey, and in the European Union. It is observed that the high number of AD cases filed against Saudi Arabia’s petrochemicals products around the world reflect a need to strengthen Saudi Arabia’s domestic laws, and the regulations applicable to dumping. Arguably, some aspects of the WTO AD Agreement are in need of reconsideration by the contracting parties in view of the modern context of trade between contracting parties. Aspects to be re-examined include, for example, dispute resolution procedures. In this respect, this thesis argues that some parts of the WTO AD Agreement should be subject to further negotiations between the WTO contracting parties, with a view to making appropriate amendments. Finally, this research will present recommendations for the Saudi Arabian economic system, suggest amendments relating to AD and anti-subsidy provisions under the WTO and finally offer recommendations for the dispute resolution mechanism under the DSU. This will help to improve and develop an effective AD legal regime under the WTO agreement, which would be applicable in the context of the changing circumstances of global international trade.