Subsidy Regulation In Wto Law
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Author | : Marc Benitah |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 684 |
Release | : 2019-05-23 |
Genre | : Law |
ISBN | : 9403503343 |
Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.
Author | : Peter Van den Bossche |
Publisher | : Cambridge University Press |
Total Pages | : 349 |
Release | : 2016-04-02 |
Genre | : Law |
ISBN | : 1107638933 |
This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.
Author | : Luca Rubini |
Publisher | : Oxford University Press |
Total Pages | : 497 |
Release | : 2009-12-24 |
Genre | : Business & Economics |
ISBN | : 0199533393 |
This book presents a conceptual analysis of the definitions of state aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate state intervention.
Author | : Gustavo E. Luengo Hernández de Madrid |
Publisher | : |
Total Pages | : 624 |
Release | : 2007 |
Genre | : Business & Economics |
ISBN | : |
Preliminary Remarks --Economic Analysis of Subsidies --Evolution of the Regulation of Subsidies in International Trade: From the GATT to the WTO --The Regulation of Subsidies in the Agreement on Subsidies and Countervailing Measures --The Regulation of Subsidies in the Agreement on Agriculture --Subsidies in the WTO: The 'Foreign Sales Corporations' Case --Evolution of the State Aid Rules in the EC --The Notion of 'State Aid': Article 87.1 of the EC Treaty --State Aids Compatible with the Common Market --Procedural Issues: Control of State Aids in the EC and Recovery of State Aids --Agricultural Subsidies in the EC --Comparison of the WTO and EC Rules on Subsidies and State Aids --Conformity of the EC State Aid Rules With the WTO: Suggestions --Final Remarks.
Author | : Dominic Coppens |
Publisher | : Cambridge University Press |
Total Pages | : 695 |
Release | : 2014-05-22 |
Genre | : Law |
ISBN | : 1139916017 |
Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.
Author | : Aik Hoe Lim |
Publisher | : Cambridge University Press |
Total Pages | : 395 |
Release | : 2014-03-13 |
Genre | : Business & Economics |
ISBN | : 1107062357 |
Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.
Author | : Yulia Selivanova |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 450 |
Release | : 2011-07-28 |
Genre | : Law |
ISBN | : 9041142797 |
Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade – as well as energy-related issues addressed in the current WTO negotiations – the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.
Author | : Jakob Skovgaard |
Publisher | : Cambridge University Press |
Total Pages | : 349 |
Release | : 2018-08-23 |
Genre | : Business & Economics |
ISBN | : 1108416799 |
This comprehensive volume provides the first book-length account on the politics of fossil fuel subsidies. This title is also available as Open Access.
Author | : |
Publisher | : World Trade Organization |
Total Pages | : 116 |
Release | : 2008 |
Genre | : Commercial policy |
ISBN | : 9287034958 |
Author | : Pierre Sauve |
Publisher | : World Bank Publications |
Total Pages | : 246 |
Release | : 2003-08-29 |
Genre | : Political Science |
ISBN | : 0821383434 |
Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.