The Wto Law Of Subsidies
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The Wto Law Of Subsidies
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Author : Marc Benitah
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-23
The Wto Law Of Subsidies written by Marc Benitah and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-23 with Law categories.
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 Law Of Subsidies Under The Gatt Wto System
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Author : Marc Benitah
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-11-12
The Law Of Subsidies Under The Gatt Wto System written by Marc Benitah and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-12 with Law categories.
This work on the law of subsidies has been long-awaited by many actors in international trade. With its introduction of the concept of 'attenuation' of entitlement, Marc Benitah's utterly new analysis alters our understanding of the international economic law of subsidies - and its future invocation and jurisprudence - forever. The issue of subsidies is arguably the predominant theme, at this moment, in international economic law, and a consistent approach to the legal treatment of subsidies is urgently needed. In Professor Benitah's view, the answer lies in the recognition that entitlements granted to a party seeking to defend itself against the `adverse effects' of subsidies must be `attenuated' in order to avoid undesirable economic and social consequences. In the various techniques of attenuation - thoroughly described and analyzed in this book - may be found the unifying thread on which a logical, coherent law of subsidies may be strung. Why techniques of attenuation are intimately linked to the birth of past and future legal disputes relating to subsidies Why significant techniques of attenuation (e.g. taking into account the positive impact of a subsidy on consumers) have not arisen in the GATT/WTO context Why much recent theoretical debate on the concept of 'distortion' has not led to a breakthrough in the law of subsidies Why attenuations favouring developing countries are surprisingly legally vulnerable in practice Why deliberate recourse to techniques of attenuation necessitates their continuing clarification through a case law process. By referring to the legal materials of both the GATT 1947 and the WTO systems at each point in his demonstration, Professor Benitah lays a substantial groundwork for determining innovative WTO norms.
The Definition Of Subsidy And State Aid
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Author : Luca Rubini
language : en
Publisher: Oxford University Press
Release Date : 2009-12-24
The Definition Of Subsidy And State Aid written by Luca Rubini and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-24 with Business & Economics categories.
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.
The Regulation Of Subsidies Within The General Agreement On Trade In Services Of The Wto
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Author : Pietro Poretti
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
The Regulation Of Subsidies Within The General Agreement On Trade In Services Of The Wto written by Pietro Poretti and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
"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.
Wto Disciplines On Subsidies And Countervailing Measures
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Author : Dominic Coppens
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-22
Wto Disciplines On Subsidies And Countervailing Measures written by Dominic Coppens and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-22 with Business & Economics categories.
A legal and normative analysis of WTO disciplines on industrial and agricultural subsidies and countervailing duties.
Regulation Of Subsidies And State Aids In Wto And Ec Law
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Author : Gustavo E. Luengo Hernández de Madrid
language : en
Publisher:
Release Date : 2007
Regulation Of Subsidies And State Aids In Wto And Ec Law written by Gustavo E. Luengo Hernández de Madrid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
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.
State Aid Subsidy And Tax Incentives Under Eu And Wto Law
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Author : Claire Micheau
language : en
Publisher:
Release Date : 2014
State Aid Subsidy And Tax Incentives Under Eu And Wto Law written by Claire Micheau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Foreign trade regulation categories.
This book provides an analysis of the multi-level regulation of State aid and subsidy in the regulatory context of taxation. Starting from a review of the substantive provisions of tax incentives as provided for in European law and in WTO law, the author moves on to examine how these legal frameworks are enforced at national levels. The book covers practical elements in the following areas: legal regimes of State aid and subsidy (including rules on compatibility with the internal market, classification of subsidies and analysis of prohibited subsidies in taxation); definitions of state aid and subsidy; analysis of the criteria for tax selectivity and specificity; administrative and judicial review; rights of taxpayers as private parties in State aid and subsidy litigations; remedies (including recovery, withdrawal and countervailing duties); overlaps between EU and WTO rules; liabilities in situations of conflict; case law of the Court and WTO adjudicating bodies.
The Use Of Alternative Benchmarks In Anti Subsidy Law
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Author : Sophia Müller
language : en
Publisher: Springer
Release Date : 2018-05-21
The Use Of Alternative Benchmarks In Anti Subsidy Law written by Sophia Müller and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-21 with Law categories.
In the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law. As such, it brings a long neglected and often underestimated area of international trade law to the fore.Exploring the delicate relations between the WTO, the EU and China, it focuses on the current legal framework for the use of alternative benchmarks in anti-subsidy law and analyses the consequences that arise from its practical application in investigations against China. Scrutinizing recent developments in WTO anti-subsidy law, in particular the adoption of country-specific rules in accession protocols, the book reveals the shortcomings of the current approach and argues for fundamental reforms. Accordingly, the book provides academics and practitioners alike with vital insights into the legal evolution and practical application of alternative benchmark methodologies in the context of WTO and EU anti-subsidy law, while also putting forward a critical analysis of the status quo.
Wto Trade Remedies In International Law
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Author : Roberto Soprano
language : en
Publisher: Routledge
Release Date : 2018-07-24
Wto Trade Remedies In International Law written by Roberto Soprano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-24 with Law categories.
World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
Commitments And Flexibilities In The Wto Agreement On Subsidies And Countervailing Measures
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Author : José Guilherme Moreno Caiado
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-02
Commitments And Flexibilities In The Wto Agreement On Subsidies And Countervailing Measures written by José Guilherme Moreno Caiado and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Business & Economics categories.
Examines the WTO rules governing industrial subsidies, as established by the SCM Agreement and interpreted by relevant case law.