WTO Disciplines on Subsidies and Countervailing Measures

WTO Disciplines on Subsidies and Countervailing Measures PDF Author: Dominic Coppens
Publisher: Cambridge University Press
ISBN: 1139916017
Category : Law
Languages : en
Pages : 695

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Book Description
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.

WTO Disciplines on Subsidies and Countervailing Measures

WTO Disciplines on Subsidies and Countervailing Measures PDF Author: Dominic Coppens
Publisher: Cambridge University Press
ISBN: 1139916017
Category : Law
Languages : en
Pages : 695

Get Book Here

Book Description
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.

WTO Disciplines on Subsidies and Countervailing Measures

WTO Disciplines on Subsidies and Countervailing Measures PDF Author: Dominic Coppens
Publisher: Cambridge University Press
ISBN: 1107014778
Category : Business & Economics
Languages : en
Pages : 695

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Book Description
A legal and normative analysis of WTO disciplines on industrial and agricultural subsidies and countervailing duties.

WTO Agreement on Subsidies and Countervailing Measures

WTO Agreement on Subsidies and Countervailing Measures PDF Author: Wolfgang Müller
Publisher: Cambridge University Press
ISBN: 1108279511
Category : Law
Languages : en
Pages : 1181

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Book Description
Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.

Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures

Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures PDF Author: José Guilherme Moreno Caiado
Publisher: Cambridge University Press
ISBN: 1108474322
Category : Business & Economics
Languages : en
Pages : 277

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Book Description
Examines the WTO rules governing industrial subsidies, as established by the SCM Agreement and interpreted by relevant case law.

The WTO Law of Subsidies

The WTO Law of Subsidies PDF Author: Marc Benitah
Publisher: Kluwer Law International B.V.
ISBN: 9403503343
Category : Law
Languages : en
Pages : 728

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Book Description
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.

The WTO, Subsidies and Countervailing Measures

The WTO, Subsidies and Countervailing Measures PDF Author: Marc Bacchetta
Publisher: Edward Elgar Publishing
ISBN: 9781848444508
Category : Countervailing power
Languages : en
Pages : 0

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Book Description
Subsidies and countervail have been the subject of much attention in recent decades. In this volume, the editors have selected seminal contributions to the literature on the economics of subsidies and countervailing duties in international trade, their role in trade agreements and their treatment in the GATT/WTO system. A close look at the welfare effects of these measures from an economic perspective sheds essential light on the use of such policy tools by governments and the economic rationale for international rules in this area. Careful economic analysis points at the strengths and weaknesses of the current arrangement and provides food for thought for further discussions on the efficient design of trade agreements. This authoritative collection, along with an original introduction by the editors, will serve as an excellent reference source for students, scholars and practitioners in the field of international trade.

Subsidies, Countervailing Duties, and the WTO

Subsidies, Countervailing Duties, and the WTO PDF Author: Jürgen Stehn
Publisher:
ISBN:
Category :
Languages : en
Pages : 24

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Book Description


The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO

The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO PDF Author: Pietro Poretti
Publisher: Kluwer Law International B.V.
ISBN: 9041131620
Category : Law
Languages : en
Pages : 346

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Book Description
"The General Agreement on Trade in Services (GATS) extends the multilateral trading system to services. Little is said In the GATS about subsidies, beyond stipulating that subsidies are subject to the existing provisions, including the most-favoured-nation and national-treatment principles, and that Members shall enter into negotiations with a view to developing the disciplines necessary to avoid the trade distorting effects of subsidies." "This timely book provides a comprehensive analysis of services subsidies under the GATS. It begins with a description of services and trade in services, and of the salient characteristics that make regulation of services subsidies more complex than those associated with agricultural and industrial goods. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade-related policy measures. A description of the information available on services subsidies is followed by a classification of services subsidies according to their distortive effects, and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework." "A key section is devoted to the analysis of those existing provisions of the GATS that may exert a certain measure of discipline on services subsidies, and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements and the need for special and differential treatment for services subsidies by developing countries are also discussed. Finally, and prior to the conclusion, two sectoral studies deal with the question of subsidies aimed at attracting foreign direct investment and subsidies to the audiovisual sector." "This work represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the GATS, and includes numerous references to relevant European Union State Aid legislation and jurisprudence." --Book Jacket.

The WTO, Subsidies and Countervailing Measures

The WTO, Subsidies and Countervailing Measures PDF Author: Marc Bacchetta
Publisher:
ISBN: 9781784713850
Category : Countervailing power
Languages : en
Pages :

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Book Description


Balancing Policy Space and Policy Constraints? A Critical Legal Analysis of WTO Disciplines on Subsidies and Countervailing Measures

Balancing Policy Space and Policy Constraints? A Critical Legal Analysis of WTO Disciplines on Subsidies and Countervailing Measures PDF Author: Dominic Coppens
Publisher:
ISBN:
Category :
Languages : en
Pages : 632

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Book Description