Dr. Nawaf Saud Al Yaseen
Assistant Professor
Kuwait International Law School

Abstract:

This research deals with the issue of appealing decisions issued by the competent committees in the Gulf Cooperation Council, related to the work of the Unified Anti-dumping Law (Regulation), and the Countervailing and Preventive Measures of the Gulf Cooperation Council Countries (amended). The research also discusses the issuance of Resolution No. 6, imposing dumping duties on cement products and their derivatives imported from the Islamic Republic of Iran. In implementation of the “Law” (Unified Anti-Dumping System), and determining the methods of appeal that must be taken, which are covered in Article (11) of the aforementioned law; It raised the issue of appeal, the direction to be taken, and disputes before the bodies of the Cooperation Council – as well as before the Kuwaiti judiciary, at a later stage – and it also raised many legal problems.
This research aims to introduce the rules of dispute resolution in the Gulf Cooperation Council system regarding dumping issues, whether the parties to these disputes are states, individuals, or stakeholders, and whatever their nationalities. It shows the applied framework for the dispute resolution rules stipulated in the agreements, laws and decisions related to the work of the dumping law rules. In addition, the research seeks to establish a realistic understanding of the law. How the judicial authority – in the State of Kuwait – deals with the controls and procedures established in the Unified Anti-Dumping System, methods of appeal, and the extent to which this is compatible with the Kuwaiti Constitution, and the concept of legality. This is done by clarifying the legal rules governing dumping issues, and the extent of their compatibility with the constitutional and regulatory system in the State of Kuwait. This also includes the rules of interpretation and jurisdiction, and the authority of the national judiciary to hear disputes related to the Unified Anti-Dumping Law.
The research reached a number of results and recommendations, including that denying the right to stakeholders, whether individuals or companies, to appeal decisions issued to impose dumping duties before the judicial body, which the legislator specified in the text of Article (11) of the Unified Gulf Law, is a serious flaw, as the law stipulates that every interested party may dispute his right to the judicial body, according to specific legal procedures. Therefore, this is considered a violation of the idea of ​​justice and the guarantee of legal neutrality and is not consistent with the set of texts approved by the Gulf Economic Agreement and the Unified Gulf Law, and any alternative that may be proposed instead of this judicial committee will not be sufficient. In view of the special purposes that the drafter of the law sought to achieve through the existence of this judicial committee; due to its special advantages, the most prominent of which are related to formation and independence from member states.

Keywords: dumping, appeal and grievance, the judiciary, the unified Gulf law, and the Kuwaiti legal system.

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