Ancient wisdom has it that ‘anything can happen’ in this year of the ‘Fire Monkey’ and indeed, while some of this year’s events could have been foreseen, such as the impending expiry of part of China’s Protocol of Accession, other remarkable incidents such as the Brexit vote have confirmed ancient wisdom. Such events – and the issues and challenges they present – have helped to further propel international trade law from a niche area of interest to a select few onto a stage with a larger and more captive audience.
Brexit has illustrated that a domestic decision can have unexpected and far-reaching international ramifications. And while the world is still struggling to fully comprehend its economic and trade impact, the trading relationship of a number of economies with China continues to attract attention. Notably, it remains to be seen how certain WTO members will respond to the impending expiry of part of China’s Protocol of Accession. The relevant part of Section 15 of the Protocol has thus far permitted investigating authorities to derogate from regular calculation methods to determine domestic prices and costs for Chinese products. This impending expiry, set for 11 December 2016, has already stirred up debates ranging from diverse places such as the European Parliament to the Global Trade and Customs Journal.
Moreover, the recent findings of the Panel in Argentina – Biodiesel, prohibiting investigating authorities from deviating from actual cost records of an exporter in regular market-economy anti-dumping proceedings, has further raised the stakes of the impending expiry of part of the Protocol. Although this Panel Report is currently still under appeal, the additional consequence of this Report is that, while on 11 December part of the Protocol will expire, the previously used alternative cost calculation methods for ‘regular’ market economies will likewise no longer be permitted towards China after that date. As a result of these combined constrictions, certain jurisdictions have felt compelled to initiate a flurry of anti-dumping proceedings right now, as currently they can still deviate from local Chinese costs and prices without controversy.
Folkert specialises in international trade law, general EU and WTO law, and customs law. He is particularly well regarded in the area of anti-dumping and anti-subsidy, having successfully represented clients in over 150 anti-dumping and countervailing duty proceedings, including landmark EU and US cases. Recent anti-dumping, anti-subsidy and safeguard proceedings in which Folkert has acted include: Solar Panels, Bicycles, Biodiesel, Organic Coated Steel, Aluminium Road Wheels, Purified Terephthalic Acid (PTA), WWAN Modems, Fatty Alcohol and Magnesium Oxides. Folkert has been actively involved in approximately 15 EU court and WTO dispute settlement proceedings. Folkert was co-counsel to India (with Edwin Vermulst) in the historic WTO anti-dumping dispute concerning EC – Bed Linen, where the question of ‘zeroing’ was settled, and has been involved in the WTO proceedings concerning Trade in Large Civil Aircraft. He has co-authored two handbooks with Edwin Vermulst, published a number of articles, and speaks regularly at conferences. A graduate of Stanford University, he clerked with the European Commission and has been a member of the Brussels Bar since 1990. Folkert is an editor of the Global Trade and Customs Journal and is ranked in Band 1 in Europe and Belgium in Chambers Global.
Joris specialises in international trade law, general EU and WTO law, customs law and sanctions. He has worked extensively, and has in-depth expertise, in the area of anti‑dumping, anti-subsidy and safeguards, having successfully represented companies and governments in anti-dumping and countervailing duty proceedings started by the EU, India, Argentina, Brazil and Russia, including landmark cases such as Footwear, DVDs, PTA, WWAN Modems, Fatty Alcohol, Solar Panels and Biodiesel. Joris has authored a number of articles on EU trade law and has presented at conferences on aspects of this subject. Joris clerked with the European Commission and has been a member of the Brussels Bar since 2006. He obtained a law degree from the KU Leuven (Belgium), an LLM degree from Kyushu University (Japan) and a doctorate degree from the University of Hong Kong. Prior to joining the Bar, Joris was a teaching assistant at the University of Hong Kong and the academic assistant for the 2005 WTO Asia-Pacific regional trade policy course.
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book: