The Law of Subsidies Under the GATT/WTO System

Author: Marc Benitah
Publisher: Kluwer Law International
ISBN: 904119827X
Category: Law
Page: 424
View: 7161

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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.

A History of Law and Lawyers in the GATT/WTO

The Development of the Rule of Law in the Multilateral Trading System
Author: Gabrielle Marceau
Publisher: Cambridge University Press
ISBN: 1107085233
Category: Law
Page: 684
View: 1737

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How have GATT/WTO staff and Appellate Body members contributed to the evolution of the rule-of-law in the multilateral trading system?

The Legal Texts

The Results of the Uruguay Round of Multilateral Trade Negotiations
Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 9780521785808
Category: Business & Economics
Page: 492
View: 8291

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Contains GATT, GATS, TRIPS, the new dispute settlement procedures and the legal framework of the WTO.

Commercial Law of the European Union

Author: Gabriël Moens,John Trone
Publisher: Springer Science & Business Media
ISBN: 9048187745
Category: Law
Page: 486
View: 9498

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? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.

Fisheries Subsidies under International Law

Author: Chen-Ju Chen
Publisher: Springer Science & Business Media
ISBN: 9783642156939
Category: Law
Page: 254
View: 3859

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Subsidies to fisheries have been in existence for centuries. However, these remained outside the spotlight of the international community until the turn of this century when the negative effects that fisheries subsidies have on international trade, the environment and sustainable development became increasingly clear. As a result the Doha Round Negotiations set the parameters for an effective fisheries subsidies regime. WTO Members thus embarked in intensive negotiations with the collaboration of various international organizations. These negotiations culminated with publication of the legal text of the Chairman of the Negotiating Group on Rules in 2007 which reflects to a large extent the mandates of the Ministerial Conferences and reconciles the diverse interests of the negotiators. The EU as a major WTO Member and with its own Common Fisheries Policy which has been in effect for a number of years can serve as the basis for comparison and improvement of the proposed regulations.

Subsidies in the Context of the WTO's Free Trade System

A Legal and Economic Analysis
Author: Gurwinder Singh
Publisher: Springer
ISBN: 3319624229
Category: Law
Page: 351
View: 5421

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This book analyses subsidies from various perspectives and creates a model that determines whether or not their use is justified. Further, it analyses the various causes of trade distortion, trade-discriminatory practices, and other issues associated with unregulated subsidies. In addition, the book considers how these issues fall within the scope of subsidies described under the SCM Agreement. The primary discussion from the perspective of WTO objective concerns the trade practice of awarding subsidies, for exports and also for protectionist purposes. Here, the terms justifiable and non-justifiable are used as hypothetical parameters to determine the extent of state support, considering the country classification based on economic and technological criteria, and their objectives for development. These parameters are distinct from Prohibited, Actionable, and Non-Actionable subsidies, as classified under the SCM Agreement. Subsidies awarded for the purposes of development and for welfare are considered as justifiable, whereas subsidies for the promotion of exports or state measures adopted for protectionist purposes are non-justifiable. Lastly, the book addresses the implications of such subsidies on the core objectives of the WTO and in connection with fair trade values.


World Economic Order, World Trade Law
Author: Peter-Tobias Stoll,Frank Schorkopf
Publisher: Martinus Nijhoff Publishers
ISBN: 900414496X
Category: Law
Page: 291
View: 379

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This book describes the institutional system the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structure and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.


Trade Remedies
Author: Rüdiger Wolfrum,Peter-Tobias Stoll,Michael Köbele
Publisher: BRILL
ISBN: 9004145656
Category: Political Science
Page: 980
View: 7827

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In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.

The Law and Policy of the World Trade Organization

Author: Peter Van den Bossche,Werner Zdouc
Publisher: Cambridge University Press
ISBN: 1107024498
Category: Business & Economics
Page: 1045
View: 2893

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This thoroughly updated new edition of the classic, market-leading textbook is required reading for all students of WTO law.

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

Problems and Prospects
Author: Pietro Poretti
Publisher: Kluwer Law International
ISBN: 9041131620
Category: Law
Page: 317
View: 1068

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This book provides a comprehensive analysis of services subsidies under the General Agreement on Trade in Services. It starts with a description of services and trade in services and of the salient characteristics that make regulation of services subsidies more complex than in the case of agricultural and industrial goods subsidies. 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 data on services subsidies available to date 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 General Agreement on Trade in Services 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 are also discussed. Finally, and prior to the conclusions, two sectoral studies deal with the question of subsidies aimed to attract foreign direct investment and subsidies to the audiovisual sector. The book represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the General Agreement on Trade in Services (GATS), and includes widespread references to the relevant European Union State Aid legislation and jurisprudence.

trade remedies and non- market economies: economic implications of the first US countervailing duty case on china

Author: Yan Wang
Publisher: World Bank Publications
Page: N.A
View: 7996

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In 2007, the United States Department of Commerce altered a 23-year old policy of not applying the countervailing duty law to non-market economies, and initiated eight countervailing and antidumping duty investigations on Chinese imports. The change brings heated debate on trade remedy policies and issues of non-market economies. This study focuses on the first countervailing duty case on imported coated free sheet paper from China and analyzes the implications of this test case for United States-China bilateral trade, and industrial policies in transitioning market economies. The paper also provides a brief review of the economics of subsidies, World Trade Organization rules on subsides and countervailing measures, and United States countervailing duty laws applied to non-market economies. While recently acceded countries should review their domestic development policies from the perspective of economic efficiency and comply with the World Trade Organization rules, it is also important to further clarify the issues of non-market economies under the multilateral trading system, and pay keen attention to the rules negotiations in the current World Trade Organization Doha Development Round.

From Gatt to the WTO:The Multilateral Trading System

Author: World Trade Organization. Secretariat
Publisher: Kluwer Law International
ISBN: 9041112537
Category: Business & Economics
Page: 183
View: 7876

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Papers from a symposium held in 1998 and sponsored by the WTO Secretariat and the Graduate Institute of International Studies.

OECD Steel and Shipbuilding Subsidy Negotiations

Text and Legal Analysis
Author: Fabrizio Pagani
Publisher: Cameron May
ISBN: 1905017669
Category: Foreign trade regulation
Page: 477
View: 7872

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From 2003 through 2005 the OECD hosted talks among major producing countries aimed at reducing subsidies in the steel and shipbuilding industries.

The Gatt/Wto Dispute Settlement System

International Law, International Organizations and Dispute Settlement
Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041109330
Category: Political Science
Page: 344
View: 7774

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The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

The Regulation of Agricultural Subsidies in the World Trade Organization Framework. A Developing Country Perspective

Author: Farai Chigavazira
ISBN: 3960675593
Category: Law
Page: 209
View: 6886

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The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of trade distorting agricultural subsidies and, thereby, reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies. The regulation of subsidies by the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising on food security, especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries, which continue to subsidize their agricultural sector. This position of developing countries in the global trade system, which has been described as weak, has drawn criticism of the WTO, namely that it does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations. The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting have grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA. The study examines the regulation of WTO agricultural subsidies from the developing countries’ perspective. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA’s provisions regulating subsidies by adopting a perspective to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is against the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.

The Economics of the World Trading System

Author: Kyle Bagwell,Robert W. Staiger
Publisher: MIT Press
ISBN: 9780262524346
Category: Business & Economics
Page: 224
View: 1385

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An economic analysis of the General Agreement on Tariffs and Trade and the World Trade Organization.