lملخص رسالة محمد سعيد

 

Summary
  

         The economic openness and the principle of access to markets is the dominant feature of today’s business life in Domestic and international scope, and internationally, the work of these foundations requires the lifting of restrictions and customs barriers
The quantity that hamper the freedom of trade exchanges, and for that enacted global trade liberalization agreements.
However, the lifting of restrictions if it is the basic tool of trade liberalization, it may lead other hand to business practices harmful economies countries and their domestic producers by dumping their markets to goods and products originating them from producers other countries and lower prices than generally the actual cost of production in order to control those markets and curtail the role of local competitors. Perhaps the biggest harm is located on the basic industrial structures, specifically for those in developing countries and the least developed countries.
             Valigrac commercial aspect of the illegal business behavior, which practitioners seek to circumvent the freedom of international trade rules to change business as usual, and try to jump on the competition between producers which is based on the comparative advantages enjoyed by each of them. The importance of commercial dumping comes from being a serious problem, its impact on the national economy and on the organization and stability of the markets, and on the edge of doing business of producers and consumers and others.
Based on the foregoing been banned practice of dumping illicit commercial goods in foreign markets importing country selling prices less than their value regular, so that allowed importing countries, an exception to the principles of trade liberalization, to face dumping by imposing customs duties on imports of products dumped and by the difference between the two rates domestic and export of such products, to provide protection for their domestic producers and to maintain discipline their markets, and to ensure the provision of appropriate atmosphere for fair competition. It was through the organization of an international legal adoption of the International Convention on the application of Article VI of the GATT, those known as the Anti-Dumping Convention, or GATT 1994, but in the context of an attempt to reconcile the protection of the state replace dumping and not abusing those fees. Lest the last turn to protect convincing or exaggerated. He notes that, although the GATT agreements aimed at liberalizing global trade and remove all obstacles and barriers, they at the same time keen to protect countries from unfair competition and harmful and of one of its forms dumping trade to result in damage to both international and domestic.
               Because of the great importance of the legal regulation of anti-dumping to protect the national economy, has witnessed a number of States that have legalized dumping a clear upward and trade, including Iraq in the Law on the Protection of Iraqi products No. 11 for the year 2010. Which impact positively on the number of cases brought on Amorgin, both at the national level of the judiciary in those countries, but Iraq is still not one of them. Or at the level of the judicial committees in international organizations.