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The basis of tort liability arising from the practice of subsidies and unjustified increase of imports (Comparative study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 8, Volume 14, Issue: 1 part 1, March 2024, Pages 220-256 PDF (850.53 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.145461.1146 | ||
| Authors | ||
| Hanaa Mahmood Abdulla* 1; Sherwan Hadi Ismaeil2 | ||
| 1Master degree in private law Ministry of Justice | ||
| 2College of Law/ Salahaddin University- Erbil | ||
| Abstract | ||
| The rapid development of international trade relations, which resulted in an increase in the volume of exchange of goods and services, has led to the emergence of some damaging practices in international trade, such as subsidies and an unjustified increase in imports Which is pursued by foreign producers or exporters and results in damage to local producers in the importing country who produce products similar to or competing with their products. In order to combat these practices and protect national products and local producers, the Support and Compensatory Measures Agreement, the Prevention Agreement, and the laws being compared to a set of preventive and protective procedures and measures to stop the damage resulting from these practices If it is achieved or prevented from occurring in the future. However, the texts of the aforementioned agreements and the laws in question are devoid of any reference to compensation for local producers harmed as a result of these practices. Although there is no text preventing affected local producers from claiming compensation, which means leaving this matter to the general rules of tort liability, however, referring to the general rules does not provide sufficient and necessary protection for the local producer damaged by the practice of subsidies, nor does it help the local producer damaged by the unjustified increase. | ||
| Keywords | ||
| support; unjustified increase in imports; basis of responsibility; identifying those responsible | ||
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