A OMC e as medidas antidumping no tocante aos aspectos ambientais

Abstract

Given the advent of the global concern in environmental issues, in the 1970s meanders, the international community inclined itself to debate and to protect the subject. Therefore, the World Trade Organization (WTO) decided that insert itself into these environmental discussions was an obligation, so much so that this decision leaded to the creation of the Trade and Environment Committee. As a result, the organization has become a reference in this subject and is constantly needed to provide consultations. In this way, given its duty of fostering a worldwide trading activity and solving impasses arising from it, the WTO has an agility system of measures that can be adopted in pursuit of ethical and fair competition, in which the anti-dumping measures are included. These measures are duly protected by the Agreement on Implementation in the article 6 of that GATT from 1994, which is better known as the Anti-Dumping Agreement. Also, in its article 2, it conceptualizes the dumping as “a trade of another country’s product at a price below its normal value". In Brazil, its regulation took place through the 9.019/1995 Federal Law and the 8.058 / 2013 Decree. With that said, it is possible to note the indispensability of an independent international organization serving as a stage for debates and to solve conflicts, but mostly to enforce trade regulations in an international legal order, also, this regulation attain even more vehemence in the international scenario after the conflicts goes to trials, being submitted to the WTO Dispute Settlement Body decision. Considering that, as a direct reflex of environmental concern, the cases whose essence alludes to the antidumping issue related to the environment are the mostly submitted to judgment.Therefore, when it comes to the both perspectives- dumping and the natural environment – is imperative the analysis of the cases 431, 432 and 433 judged by the WTO, which concern the measures relating to the exportation of rare clay, tungsten (wolfram) and molybdenum by China. Meanwhile, although in a very shy way, must be noted the rising of a sort of dumping, which is called environmental dumping. Then, it is through this background that this work seeks to correlate environmental issues with anti-dumping measures before the International Trade Organization, seeking to understand the position adopted in the resolution of this case.