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第五章 反倾销法律制度 # 第一节 反倾销实体法 # 1.倾销（dumping）是指出口商以低于正常价值的价格向进口国销售产品，并因此给进口国产业造成损害的行为。

第一节 1994年GATT有关非关税措施的内容 # 非关税措施的作用： 正面：维护安全 阻碍作用：壁垒 壁垒的表现：

第一节 最惠国待遇原则（Most-Favored-Nation Treatment, MFN） # 最惠国待遇是给惠国给予受惠国或与之有确定关系的人或物的待遇不低于给惠国给予第三国或与第三国有相同关系的人或物的待遇。

The Constitution, as ratified in 1788, contains a few provisions guaranteeing individual right and liberties. For example, Article Ⅰ, Section 9 prohibits the suspension of writ of habeas corpus except in cases of rebellion or invasion; Article Ⅲ， Section 2 guarantees trial by jury in criminal cases except in cases of impeachment; Article Ⅵ, Section 2 prohibits the use of religious test as a qualification for public office.

Independence from England left the thirteen American states without a central government. Each of them functioned as an autonomous unit. Even under the Articles of Confederation, the states retained their sovereignty. However, as a necessary compromise for the formation of the union, the states that sent their delegates to the constitutional convention at Philadelphia in 1787 yielded a portion of their sovereign powers to the new federal government. The national government thus became responsible, in the main, for the common defense, public peace, regulation of commerce, and foreign relations. And to carry out these functions, the national goverment was given the taxing power and other necessary and proper powers.

Constitutional law, in its essentials, is an expression of how people want to live as individuals within an organized society. What form of government they want? What powers shall the government exercise? What rights and liberties shall remain with the people? By what mechanisms are these rights and liverties protected? The federal constitution, ratified in 1788 by the original thirteen states and thus today the oldest operative constitution in the world, is the core of the American legal system. It establishes the governmental structure of the federation, regulates the relationship between the federation and the member states, and lays down the basic rights of the American people.

Every judicial system provides for review by an appellate court of the decisions of the trial court. When the system has two levels of appellate courts, appeal in most cases should initially be made to one of the intermediate courts, review at the highest level is only at the discretion of that court except in certain classes of cases. In making the decision to appeal, a party may take into consideration the following points: First, in general an appeal may be taken only after final judgment. Though in the course of trial the judge may make all kinds of errors, no appeal may be taken until the final judgment has been rendered, except in a limited number of situations. A second thing to remember is that an appellate court is suppposed to correct errors, not to render what it thinks is a more just result in the particular case. If the trial judge made a mistake of law and it seems that the mistake affected the outcome, the appellate court will reverse the judgment and order a new trial. If, however, the trial judge has not made any mistakes, but the result does not seem just, the trial judge has not do anything about it. A third important point is that appellate courts in general do not review lower court decisions on matters of fact; review is ordinarily limited to questions of law, unless the appellate court thinks there is no substantial evidence to support the determination in question. Lastly, the appellate court will not ordinarily consider objecions that were not first presented to the trial court and kept in the record. This means that a litigant must raise his objections at the first opportunity and is not permitted afterthoughts.

第一节 加入和退出机制 # 成员方资格的取得 根据《建立WTO协定》，WTO成员可以是主权国家，也可以是作为国际组织的欧共体，以及独立的对外商业关系地区（单独关税区），如香港和澳门。WTO成员分创始成员和加入成员。

American law provides for jury trials in most actions for damages. This means that in those cases, either party may assert the right to have the facts tried by the jury. If neither wishes so, the judge will try the facts as well as apply the law. If a jury has been demanded, the first step of the trial is to impanel the jurors, who are selected at random from lists of eligible citizens. The court and lawyers for both parties will question the prospective jurors to determine their fairness and impartiality. If any of them is found to be biased, he may be challenged for cause and excused. A certain number of peremptory challenges, for which no cause need to be given, may also be exercised to reject potential jurors.