International Waterways and Dumping Of Waste in the Seas/Ocean: Effects, Responsibilities and Challenges under International Law (Published)
International waterways depict the river, canal and other ways along which boats, ship can travel across countries. Dumping of wastes in the sea/ocean connotes the act or practice of dumping something especially dangerous substances at sea/ocean. Water pollution is one thing that has become common in contemporary industrial world. The dumping of wastes by known or unknown agents has given rise to many challenges at international arena. It is discovered that most developing nations discharge their untreated effluents into drainages, water ways or the nearest stream, lake or river thereby causing marine pollution and capsizing of ship. The role of international law at this point is therefore imperative to determine the effects, responsibility and culpability. This is the precis of this paper. On international dumping by other states, the law of sea requires states to adopt laws and regulations to prevent, reduce and control pollution of the marine environment by dumping. It is also recommended that serious fines and sanctions should be imposed at international level and measures undertaken by United Nations to implement the Law/treaty to that effect.
Keywords: Dumping, Effect, International Waterways, Responsibility and International Law, Sea/Ocean, Waste.
Appraising the Current Legal Framework for Regulating Dumping into Nigeria: Need For Legislative Reforms and Intervention (Published)
Nigeria as a member of the WTO is open to trade liberalization policies and has consequently opened its market to imports from various global trading partners. For this reason, it is vital to protect domestic industries from material injury or threats of injury caused by subsidized imports to maintain fair trade within the country. The only legislation dealing with anti-dumping measures in Nigeria is the Customs Duties (Dumped and Subsidized Goods) Act 1958, which was enacted for the protection of indigenous industries from unfair foreign competition. This paper seeks to examine the existing regulatory framework for combating dumping trade practices as well as the anti-dumping measures set out in Nigeria. The paper would also examine the proposed legislative interventions by the National Assembly as to whether they reflect the provisions of the Anti-Dumping Agreement (ADA) under the GATT and proposed few legal solutions to the present dilemma.
Keywords: Anti-dumping measures, Dumping, International Trade, Trade Liberalization
The Adequacy of the Common Law of the GCC to Protect the Saudi Domestic Manufacturing Industry from International Trade Dumping Practices: A Critical Evaluation of the Protection System (Published)
The Practice of dumping in the global market is clearly of concern to all trading States, whether importers or exporters. It is a form of price discrimination and unfair competition, affecting a broad range of competing interests, both national and foreign, and products in the captive market. What protects the Gulf market in general, and the Saudi market in specific, from these injurious practices are the legal provisions of the GCC ‘Common Law on Antidumping, Countervailing Measures and Safeguard Measures and its Rules of Implementation’. Since the adoption of the GCC Common Law in 2003, almost all dumping complaints did not proceed further than the investigation stage. One possible explanation that might be provided is that there might be no real dumping problems in Saudi market. However, this explanation is difficult to accept, especially because Saudi Arabia had experienced the existence of the problem even before adopting the free market system by becoming a WTO member. Therefore, the aim of this research is to identify the gap between the theory and the application. This requires an investigation of the adequacy of the Common Law so that it can provide a sufficiently protective framework to the Saudi market against the dumping problem. It also requires exploring how the law is applied.
Keywords: Dumping, Gulf States, Saudi Arabia, WTO
A Conceptual Framework: ‘Dumping’ and ‘Anti-Dumping’ in the International and Regional Legal Systems (Published)
These papers cover the discussion about the concept of dumping and anti-dumping. It provides a clear framework of these concepts and their historical foundation. The paper views the economic and the legal definition of dumping and views the Shariah laws concerning this concept. Finally, the paper shed light on the Arab countries and their utilization of anti-dumping within the framework of the WTO
Keywords: Anti-Dumping, Arab Countries, Dumping, WTO