Lawsuit for damaging practices against national products (Comparative study)

Abstract

The liberalization of international trade has been accompanied by the emergence of some illegal and damaging practices in international trade, such as dumping, subsidies, and unjustified increases in imports, which are pursued by producing or industrial countries and result in damage to the local producers of the importing country that produces products similar to or competitive with the products subject to that practice. Although the agreements to protect national products and the laws being compared came with a set of procedures and measures to combat these practices and thus protect national products and local producers in the importing country. However, the texts of these agreements and laws are devoid of any reference to compensation for local producers damaged by practices damaging to national products. The measures it came up with are preventive and protective measures whose impact is limited to the future by stopping the damage if it occurs, or preventing it from occurring for the future. This is on the one hand, and on the other hand we must point out that we did not find a text in those agreements or laws that prevents local producers affected from claiming compensation, which means leaving this matter to the general rules of civil liability through a tort claim. Through this study, it is clear to us that this lawsuit does not help the local producer affected by the unjustified increase in imports, demanding compensation. This is from the party, On the other hand, the local producer damaged by dumping and subsidies can resort to an unfair competition lawsuit to claim compensation, in addition to a tort liability lawsuit. These two lawsuits have negative aspects that lead to the lack of benefit Local producers affected by practices damaging to national products will receive full benefits to compensate them for those damages. Accordingly, we submitted a recommendation to the Kurdistan legislator to file a lawsuit regarding damaging practices that would benefit all affected local producers, whether merchants or non-traders, and whether they were damaged by the practice of dumping, subsidies, or an unjustified increase in imports. We also recommended to the competent authorities to form or establish a court competent to consider claims of practices damaging to national products in the Kurdistan Region, such that this court shall be called the Court of Practices damaging to National Products.