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BELIZE ENVIRONMENTAL PROTECTION ACT CHAPTER 328 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 ENVIRONMENTAL PROTECTION ACT 8 Amendments in force as at 31st December, 2000. BELIZE ENVIRONMENTAL PROTECTION ACT CHAPTER 328 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 ENVIRONMENTAL PROTECTION ACT 8 Amendments in force as at 31st December, 2000. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Environmental Protection [CAP. 328 [] 3 CHAPTER 328 ENVIRONMENTAL PROTECTION ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title 2. Interpretation. PART II Administration 3. Establishment of Department of the Environment. 4. Functions of the Department. 5. Power to enter premises. PART III Prevention and Control of Environmental Pollution 6. Minister to specify levels of pollutants, etc. 7. Regulations. 8. Prohibition on discharge of pollutants. Environmental ProtectionCAP. 328] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 4 [] 9. Penalty for contravention of section 8. 10. Duty of persons, etc., exploiting natural resources. 11. Prohibition on and penalty for pollution of environment. PART IV Prohibition on Dumping 12. Interpretation of dumping provisions. 13. Prohibition on dumping. 14. Restriction on dumping from ships, etc. 15. Restriction on loading of hazardous substances. 16. Disposal of ship, aircraft or other man-made structure. 17. Applications for permits and criteria for granting permits. 18. Penalty for breach of conditions of permit. 19. Powers of designated officers. PART V Environmental Impact Assessment 20. Requirement for environmental impact assessment. 21. Regulations for environmental impact assessment. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Environmental Protection [CAP. 328 [] 5 22. Penalty for failing to carry out assessment. 23. Procedure. PART VI Nutrients 24. Interpretation as to nutrients. 25. Prohibition on nutrients. 26. Regulations in respect of nutrients. PART VII Investigation, Procedures and General Penalties 27. Investigation of offences. 28. Obstruction, etc., of designated officer. 29. Damage to environment and death or harm to persons. 30. Continuing offence. 31. Offences by Corporations. 32. Identifying owner, master, etc. 33. Proof of offences. 34. Suspended sentence. Environmental ProtectionCAP. 328] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 6 [] 35. Order of court. 36. Additional fine 37. Compensation for loss of WORLD TRADE ORGANIZATION G/ADP/N/1/CHN/2/Suppl.3 20 October 2004 (04-4447) Committee on Anti-Dumping Practices Original: English NOTIFICATIONS OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 OF THE AGREEMENT PEOPLE'S REPUBLIC OF CHINA Supplement The following communication, dated 18 October 2004, is being circulated at the request of the Delegation of the People's Republic of China _ With reference to Article 18.5 of the Agreement on Implementation of Article VI of the GATT 1994, the Government of China notifies the Committee on Anti-Dumping Practices of the departmental rules related to the Agreement as following: Regulation of the People's Republic of China on Anti-Dumping Regulations of the People's Republic of China on Anti-Dumping (Promulgated by Decree No 328 of the State Council of the People's Republic of China on 26 November 2001, and revised in accordance with the Decision of the State Council on Amending the Regulations of the People's Republic of China on Anti-Dumping promulgated on 31 March 2004) Chapter I General Provisions Article These Regulations are formulated in accordance with the relevant provisions of the Foreign Trade Law of the People's Republic of China for the purpose of maintaining the foreign trade order and fair competition Article Where an import is dumped into the market of the People's Republic of China and causes material injury or threat of material injury to an established domestic industry, or causes material retardation to the establishment of such an industry, an anti-dumping investigation shall be initiated and anti-dumping measures applied in accordance with the provisions of these Regulations Chapter II Dumping and Injury Article The term "dumping" means that an import is introduced, in the ordinary course of trade, into the market of the People's Republic of China at an export price less than its normal value The Ministry of Commerce shall be responsible for the investigation and determination of dumping Article The normal value of an import shall be determined according to the following methods by distinguishing among different cases: (1) where there is a comparable price for the like product of the import in the ordinary course of trade in the domestic market of the exporting country (region), such comparable price shall be the normal value; or (2) where there are no sales of the like product of the import in the ordinary course of trade in the domestic market of the exporting country (region), or the price and the quantity of such sales not permit a fair comparison, the normal value shall be the comparable price of the like product when exported to an appropriate third country (region) or the cost of production of the like product in the country (region) of origin plus a reasonable amount for expenses and for profits In cases where a product is not imported directly from the country (region) of origin, its normal value shall be determined in accordance with Item of the preceding paragraph However, under the circumstances that the product is merely transhipped through the exporting country (region), or such product is not produced in the exporting country (region), or there is no comparable price for such product in the exporting country (region), the price of the like product in the country (region) of origin may be considered as the normal value Article The export price of an import shall be determined according to the following methods by distinguishing among different cases: (1) the price actually paid or payable for the import shall be the export price; or (2) in cases where there is no export price for the import or the price is unreliable, the export price may be constructed on the basis of the price at which the import is first resold to an independent buyer; however, if the import is not resold to an independent buyer, or not resold in the condition as imported, the export price may be determined on the basis of a reasonable price constructed by the Ministry of Commerce Article The margin of dumping is the amount by which the export price of an import is less than its normal value A fair and reasonable comparison shall be made between the export price and the normal value of an import, with due allowance for factors which affect price comparability The margin of dumping shall be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of the normal value and export price on a transaction-totransaction basis Where the export prices differ significantly among different purchasers, regions or time periods, and therefore it is difficult to make comparison through the methods prescribed in the preceding paragraph, a comparison may be made between a weighted average normal value with prices of individual export transactions Article The term "injury" means material injury or threat of material injury caused by dumping to an established domestic ...BECOMING ZHONGGUO, BECOMING HAN: TRACING AND RE-CONCEPTUALIZING ETHNICITY IN ANCIENT NORTH CHINA, 770 BC - AD 581 YANG SHAO-YUN BA (HONS), NATIONAL UNIVERSITY OF SINGAPORE A THESIS SUBMITTED FOR THE DEGREE OF MASTER OF ARTS DEPARTMENT OF HISTORY NATIONAL UNIVERSITY OF SINGAPORE 2007 i Acknowledgments I would like to express my deepest gratitude to Associate Professor Huang Jianli, who was my supervisor throughout the two years of the Masters programme. From the start, Professor Huang committed himself to helping me realize my dreams of an academic career specializing in Fragmentation-period history, and his advice, while often tough and blunt in its delivery, has always been true to that commitment and proven to be both timely and correct. In September 2005, Professor Huang encouraged me to attempt a dissertation topic I was truly interested in, rather than settle for the ‘safe’ option I had chosen earlier; this advice led me into twenty very fruitful months of research on questions of ethnicity in ancient Chinese history, at first focusing on the Age of Fragmentation but later broadening to include Eastern Zhou, Han, and Wei-Jin. That research, in turn, enabled me to produce an application that successfully secured a fellowship to pursue a PhD in the United States. At the end of May this year, Professor Huang again stepped in to convince me that the broadening scope of my research now necessitated a drastic restructuring of the dissertation. A huge amount of detailed analysis on Northern Dynasties history would have to be discarded from the draft if the conceptual discussions of ethnicity in earlier periods - which I increasingly found to be vital to my main argument - were to have any place in the main text. The process of amputating entire chapters was certainly painful, but its result has been a much more coherent and purposeful dissertation than I would otherwise have written. For all the above reasons, I am thankful to Professor Huang and honoured to call him my teacher. ii Victor Ban read two very different drafts of this dissertation, and suggested many important changes and refinements. Victor, who in April completed his own MA at Harvard with a dissertation on Northern Wei food culture, is a brilliant student and a dependable friend whom I would be delighted to have as a colleague someday. I would like to thank him for his invaluable input; any remaining errors in the dissertation are, of course, my own responsibility entirely. Sincere thanks go also to my classmate Ng Eng Ping for offering me information on the 1950s minzu-buzu debate in the PRC, and for many enlightening and entertaining conversations about famous Chinese historians. My wife Estelle and my parents have given me so much love, understanding, patience, and support during the writing of this dissertation that the credit for its completion is more theirs than mine. And, as always, I give my greatest thanks and praise to God from whom all blessings flow. iii Contents Summary iv Abbreviations used in footnotes vi 1 - Introduction Context and scope Literature review: The sinification/sinicization framework The anthropological framework The Chinese Marxist framework of minzu ronghe Research questions 1 2 - The Eastern Zhou Worldview: Zhongguo, Tianxia, and the Barbarians Zhongguo/Zhuxia as the centre of the ‘civilized world’ Yi/Rong/Man/Di: The mysterious ‘barbarians’ Huaxia as the ethnic identity of Zhongguo people? 22 3 – Changes in Han and Wei-Jin Discourses on Ethnicity and Ethnic Difference Li (‘ethics’) and de (‘virtue’): The universalist Confucian measure of ethnicity Hua: The ethnic identity of the literati Hu: A label for foreigners from the north and west Zulei (‘race’) and xin (‘heart’): The proto-racist Confucian measure of ethnicity 38 4 - Northern Wei and the Supra-ethnicization of the Hua/Yi Dichotomy Fourth-century ‘barbarian’ regimes in Zhongguo Adoption of classical Eastern Zhou and Five Phases discourses Adoption of the WORLD TRADE ORGANIZATION G/ADP/N/1/EGY/2/Rev.1* G/SCM/N/1/EGY/2/Rev.1* G/SG/N/1/EGY/2 18 December 1998 (98-5095) Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards Original: English NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS EGYPT Revision UNOFFICIAL TRANSLATION Official Journal Issue No 24 Supplement A - dated 11 June 1998 LAW NO 161 OF THE YEAR 1998 CONCERNING THE PROTECTION OF NATIONAL ECONOMY FROM THE EFFECTS OF INJURIOUS PRACTICES IN INTERNATIONAL TRADE ARTICLE The Ministry of Trade and Supply shall be concerned with applying methods, procedures, measures, and making the necessary decisions for the protection of the national economy from the injury resulting from subsidies or dumping practices or the unjustifiable increase in imports, in accordance with the relevant Agreements embodied in the Final Act of the Uruguay Round of Multilateral Trade Negotiation to which the Arab Republic of Egypt adhered to by virtue of the Decree of the President of the Republic No 72 of the year 1995 The Ministry shall be the Authority responsible for implementing the provisions of this Law, and in so doing it shall undertake the following: (A) Provide the studies, information and data necessary for establishing evidence of subsidies or dumping, or unjustifiable increase in imports; (B) Extend technical assistance to local producers facing a complaint from a Member of the World Trade Organization, in the cases referred to in the previous paragraph ARTICLE The Minister of Trade and Supply shall have the power to request the information and data which are necessary for establishing cases of subsidies or dumping, or unjustifiable increase in imports, from any entity whatsoever The entity from which such information and data are required shall submit them within at most thirty days from the date of the request ARTICLE The Minister of Trade and Supply shall make the necessary decisions concerning the countervailing measures prescribed in the Agreements referred to in Article (1) of this Law, to confront subsidies or dumping cases, or the unjustifiable increase in imports, in accordance with the disciplines and within the limits prescribed in these Agreements ARTICLE The Administrative Court shall have the exclusive jurisdiction to consider and examine the disputes related to the implementation of the provisions of the previous Articles Appeals against the rulings pronounced by the Administrative Court shall be filed before the High Administrative Court The settlement of these disputes and claims shall take place promptly and be effected in accordance with the provisions comprised in the Agreements referred to in Article (1) of this Law ARTICLE A list of experts in the areas of specialization necessary for the implementation of the Agreements referred to in Article (1) of this Law shall be compiled by the Ministry of Justice Inclusion in this list shall be done according to the terms and conditions to be issued by virtue of a decision to be issued by the Minister of Justice in agreement with the Minister of Trade and Supply The Court shall determine expert fees according to the provisions of the executive regulations It shall also determine the party that is bound to incur these fees ARTICLE All persons or entities concerned with investigating the complaints related to subsidies or dumping cases, or the unjustifiable increase in imports and also with implementing the relevant procedures, measures and decisions, as well as examining the complaints shall maintain the confidentiality of the information and data which are given and provided by the concerned parties according to the provisions prescribed in this Law and in its executive regulations, and those comprised in the Agreements referred to in Article (1) of this Law It shall be prohibited to disclose the information and data referred to above, except by virtue of an explicit written WORLD TRADE ORGANIZATION G/ADP/N/1/ZAF/2 G/SCM/N/1/ZAF/2 20 January 2004 (04-0163) Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original: English NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS SOUTH AFRICA The following submission, dated 15 January 2004, is being circulated at the request of the Delegation of South Africa _ Further to the requirements under the Agreement on Anti-Dumping Practices and the Agreement on Subsidies and Countervailing Measures and in accordance with the related decisions adopted by the Committees established under these Agreements, I have the honour to provide a copy of the full text of the International Trade Administration Act, No 71 of 2002, relevant extracts from the Customs and Excise Act, No 91 of 1964, as amended, and a copy of the Anti-Dumping Regulations prescribed by the Minister of Trade and Industry on 14 November 2003 This notification replaces South Africa's notifications circulated under document G/ADP/N/1/ZAF/1 and G/SCM/N/1/ZAF/1 of December 1995 THE PRESIDENCY No 123 22 January 2003 It is hereby notified that the President has assented to the following Act, which is hereby published for general information: NO 71 OF 2002: INTERNATIONAL TRADE ADMINISTRATION ACT, 2002 (English text signed by the President.) (Assented to 30 December 2002.) ACT To establish the International Trade Administration Commission; to provide for the functions of the Commission and for the regulation of its procedures; to provide for the implementation of certain aspects of the Southern African Customs Union (SACU) Agreement in the Republic; to provide, within the framework of the SACU Agreement, for continued control of import and export of goods and amendment of customs duties; and to provide for matters connected therewith BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: TABLE OF CONTENTS CHAPTER DEFINITIONS, INTERPRETATION, OBJECT AND APPLICATION OF ACT Definitions and interpretation Object of Act Application of Act CHAPTER TRADE POLICY Implementation of SACU Agreement Trade policy statements and directives Minister's power to regulate imports and exports CHAPTER 10 INTERNATIONAL TRADE ADMINISTRATION COMMISSION 10 Part A 10 Establishment and constitution 10 Establishment and independence of Commission 10 Constitution of Commission 11 Qualifications of members 12 10 Conduct of members 13 11 Resignation and removal from office 13 12 Meetings and decisions of Commission 14 13 Chief Commissioner 14 14 Committees 15 Part B 16 Functions of Commission 16 15 General functions of Commission 16 16 Customs duties, anti-dumping duties, countervailing duties and safeguard measures 16 17 Issuing of permits or certificates 17 18 Monitoring trade and other matters 17 19 Information sharing with SACU institutions and Member States 17 20 Relations with SACU and Member States 17 21 Relations with domestic agencies 18 22 Public information and reporting 18 Part C 19 Staff, finances and administration of Commission 19 23 Staff of Commission 19 24 Finances of Commission 19 25 Liability 20 CHAPTER 21 INVESTIGATION, EVALUATION AND ADJUDICATION PROCEDURES 21 Part A 21 Applications 21 26 Applications 21 Part B 22 Import and export control permits and rebate permits 22 27 Authority of Commission to issue import and export permits and rebate permits 22 28 Authority of Commission to demand trade information 23 29 Authority of Commission to suspend or cancel permits 23 Part C 23 Customs duty applications 23 30 Customs duty applications 23 31 Requests 24 32 Consideration of alleged dumping and subsidised exports 25 Part D 26 Confidential information 26 33 Right of informants to claim confidentiality 26 34 Determination by Commission 27 35 Proceedings in contested claims 27 36 Disclosure of information 28 37 Restricted use of information 28 Part E 29 Powers of investigative search and inspections 29 38 Appointment of WORLD TRADE ORGANIZATION G/ADP/N/1/KOR/5 25 April 2001 (01-2065) Committee on Anti-Dumping Practices Original: English NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 OF THE AGREEMENT KOREA The following communication, dated 20 April 2001, has been received from the Permanent Mission of Korea _ Pursuant to Article 18.5 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), the Government of Korea wishes to notify the revised Customs Act and its sub-regulations concerning anti-dumping measures, which entered into force on January 2001 Since the main focus of revision was complete renumbering of provisions, this notification includes all existing and revised provisions, and some modification of translation into English THE CUSTOMS ACT Article 51 (Subjects of Anti-dumping Duty) In cases where the request for imposition has been made by a person prescribed in the Presidential Decree and having interest in the domestic industry, or the Minister of relevant authorities, and where it is confirmed through an investigation that importation of foreign products at a price lower than the normal value (hereinafter referred to as "dumping") results in any of the following Sub-paragraphs (hereinafter referred to as "material injury, etc."), and it is deemed necessary to protect the domestic industry concerned, a duty in an amount not more than the difference between the normal value and the dumping price (hereinafter referred to as the "dumping margin") of such products (hereinafter referred to as "anti-dumping duty") may be additionally imposed on such products, by designating the products and supplier or supplying country through the Ordinance of the Minister of Finance and Economy (1) material injury to a domestic industry is caused or threatened; (2) material retardation of the establishment of a domestic industry is caused Article 52 (Investigation of Dumping and Material Injury, etc.) Investigation of dumping and material injury, etc provided in Article 51 shall be conducted according to the Presidential Decree If it is deemed necessary to consider the competitiveness of the relevant industry, price stabilization, and trade co-operation, in imposing of anti-dumping duty, the Minister of Finance and Economy may reflect such factors through investigation on them Article 53 (Provisional Measures prior to Imposition of Anti-dumping Duty) Where an investigation has been initiated to determine whether or not an anti-dumping duty is to be imposed, and any of the requirements provided in the following Subparagraphs is met, the Minister of Finance and Economy may, even before the investigation is concluded, order a measure to additionally impose a provisional antidumping duty, which is not greater than the amount equivalent to the dumping margin estimated provisionally, or to provide a security by designating the products, supplier or supplying country and period (hereinafter referred to as "provisional measures" in this Section) as prescribed in the Presidential Decree to prevent the injury caused during the period of investigation, (1) where there is sufficient evidence to presume that there has been the fact of dumping and material injury, etc., caused thereby (2) where the undertakings as referred to in Article 54 are violated, or a demand for materials on the fulfilment of the undertakings and a demand to allow the verification of the materials presented is not complied, and there is the best information available The provisional anti-dumping duty paid shall be refunded, or the security provided shall be released, as prescribed in the Presidential Decree, in any cases as referred to in the following Sub-paragraphs: (1) The request for the imposition of an anti-dumping duty on the goods subject to provisional measures is withdrawn, and the investigation is terminated accordingly; (2) Whether or not the anti-dumping duty is to be imposed on the goods ... anti-dumping duty or a decision on retroactive imposition of an anti-dumping duty, reimbursement of an anti-dumping duty or imposition of an anti-dumping duty on new exporters, which is made... decides not to levy an anti-dumping duty, or does not decide a retroactive levy of an anti-dumping duty, the provisional anti-dumping duty collected and any deposits made during the period of the... provisional anti-dumping measures have been applied prior to the final determination, anti-dumping duties may be levied retroactively for the period during which provisional anti-dumping measures