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反倾销措施是一种国际上通用的贸易保护措施。然而,随着它被各国日趋广泛的运用,学者发现反倾销措施有时非但不能使国内申诉产业受益,反而损害了进口商、经销商、消费者、国内相关上下游产业用户乃至国家经贸整体利益。为此,出于保护整体利益的公共利益条款诞生。本文简要介绍了欧盟反倾销法中公共利益条款的历史演变,并在对其实体和程序分析的基础上提出尚需完善之处。
Anti-dumping measures are internationally accepted trade protection measures. However, as it is increasingly used by various countries, scholars find anti-dumping measures can sometimes not only benefit the domestic appeal industry, but harms the interests of importers, distributors, consumers, domestic upstream and downstream industry users, and even the overall economic and trade interests of the country. To this end, the public interest clause for the protection of the overall interest was born. This article briefly introduces the historical evolution of the articles of public interest in the EU anti-dumping law and puts forward the areas that need further improvement on the basis of the analysis of its entities and procedures.