Title Page
ABSTRACT
Contents
INDEX OF ABBREVIATION 12
CHAPTER I: INTRODUCTION 14
1.1. Rationale 14
1.2. Legal Questions 17
1.3. Objectives of Study 18
1.4. Scope and Limitation of Study 19
CHAPTER II: APPLICATION OF SAFEGUARD MEASURES TO PROTECT CAMBODIAN DOMESTIC INDUSTRY 21
2.1. General Overview of Safeguard Measures 21
2.1.1. Major Criteria for the Imposition WTO Safeguard Measures 25
2.1.2. Special Treatment for Developing Countries 34
2.2. Imposition of Safeguard Measures by ASEAN Free Trade Agreement 36
2.3. Compare and contrast between Safeguard Measure in WTO and ASEAN FTA 40
2.4. Ineffectiveness of Cambodian Government's Regulation on the Protection Domestic Industry 42
2.4.1. Current Situation in Cambodia 43
2.4.2. Government Enforcement to Protect Cambodia Domestic Industry 48
2.5. Conclusion 52
CHAPTER III: APPLICATION OF ANTI-DUMPING LAW TO PROTECT CAMBODIAN DOMESTIC INDUSTRY 53
3.1. General Overview of WTO Anti-Dumping Law 53
3.1.1. Major Criteria for Applying Anti-Dumping Law 58
3.1.2. Special Treatment for Developing Countries 67
3.2. Imposition of Cambodian Anti-Dumping Measures 68
3.3. Ineffectiveness of Cambodian Anti-Dumping Law in the current Cambodian Market 73
3.4. Conclusion 82
CHAPTER IV: EFFICIENCY OF SAFEGUARD MEASURES ON THE PROTECTION CURRENT CAMBODIAN DOMESTIC INDUSTRY 83
4.1. Consideration on Balance of Payments Regarding Quantitative Restrictions 83
4.2. An Applicability to Impose WTO Safeguard Measures 87
4.2.1. Law Enforcement of Safeguard Agreement in Cambodia Context 88
4.2.2. Challenges of Safeguard Measures in Actual Practice 90
4.3. Anti-Dumping Measures Breakdown 92
4.4. Conclusion 98
CHAPTER V: SPECIAL AND DIFFERENTIAL TREATMENT TO CAMBODIA UNDER PRINCIPLE OF WTO LAW AND PROPOSAL OF KEY MECHANISM TO PREVENT ON ILLEGAL IMPORTED PRODUCTS INTO THE MARKET 100
5.1. Special and Differential Treatment to Cambodia as Least Developed Country Under Principle of WTO Law 101
5.1.1. Extension of Implementation Agreement for Developing Country Members 102
5.1.2. Measures to Increase Trading Opportunities for Developing Countries 104
5.1.3. Provisions Requiring all WTO Members to Safeguard the Trade Interests of Developing Countries 105
5.1.4. Providing Technical Assistant to Enhance Capacity Building, and Dispute Settlement Mechanism 106
5.1.5. Provisions Related to Least Developed Country Members 107
5.1.6. CASE STUDIES 108
5.1.7. Practical Lesson to Prevent the Future Cases Occurred in Cambodia 112
5.2. Proposal of Key Mechanism to Prevent on Illegal Imported Products into the Market 114
5.2.1. Raising Tax Duty for the Guarantee of Safe Market in Cambodian Market 115
5.2.2. Enforcement of Ad Hoc in order to Report to the Anti-Dumping Committee 116
5.2.3. Information Gathering Role for Dealing with Private Problems in Present-Day Cambodia Situation 119
CHAPTER VI: CONCLUSION 121
REFERENCES 124