Dumping of Products and the Law the against Dumping

The origin of the word “dumping” is unknown. Richard Dale stated that the earliest record of its usage is in early 19th century, it is defined as the act of discarding undesired things in a lump or mass.1 The term is started to be used in English trade-literature in early 20th century to refer to the situation where products were traded with low prices in foreign markets,2 as they were undesired products in their country of origin and thus exported in order to get rid of them. Meanwhile, John Jackson recounts that the first man to use the word “dumping” was Adam Smith to describe the situations nowadays known as “export subsidy”.3 the word dumping is now widely used to indicate the custom of price discrimination in international trade, which is also a negative connotation. It is also highly associated with “undesirable” and “unfair” trade practices. Therefore, the word “dumping” is usually described as an unfair trade practice. It is also a disputable approach that much of the ideally remedial legislation in this field is the result of moral opprobrium related to dumping instead of any objective damage. This paper is part of the author’s Master’s thesis submitted to the International Islamic University Malaysia on “Antidumping Law in Developing Countries with Special Reference to Afghanistan”. PhD. Candidate, AIKOL, IIUM, Malaysia zia.qazizada2015@gmail.com 1 Richard Dale, Anti-Dumping Law in a Liberal Trade Order (Springer, 1980). 2 Ibid. 3 Paul Waer and Edwin Vermulst, “EC Anti-Dumping Law and Practice after the Uruguay Round–A New Lease of Life?,” Journal of World Trade 28, no. 2 (1994): 5–21. ZADA Dumping of Products and the Law the against Dumping