[PDF] Subsidies In The Context Of The Wtos Free Trade System eBook

Author : Gurwinder Singh
Publisher : Springer
Page : 360 pages
File Size : 30,33 MB
Release : 2017-09-04
Category : Law
ISBN : 3319624229

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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.

Author : Pietro Poretti
Publisher : Kluwer Law International B.V.
Page : 346 pages
File Size : 22,66 MB
Release : 2009-01-01
Category : Law
ISBN : 9041131620

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"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.

Author : Marc Benitah
Publisher : Kluwer Law International B.V.
Page : 438 pages
File Size : 31,73 MB
Release : 2001-11-12
Category : Law
ISBN : 904119827X

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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.

Author : United Nations Conference on Trade and Development
Publisher :
Page : 164 pages
File Size : 35,16 MB
Release : 2010
Category : Political Science
ISBN :

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The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

Author : Jakob Skovgaard
Publisher : Cambridge University Press
Page : 349 pages
File Size : 48,75 MB
Release : 2018-08-23
Category : Business & Economics
ISBN : 1108416799

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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 : Diheng Xu
Publisher : Springer Nature
Page : 270 pages
File Size : 17,91 MB
Release : 2023-06-14
Category : Law
ISBN : 9819911648

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The book provides insights to the alleviation of tensions between Chinese tax incentives and the WTO’s subsidy rules, thus further offering implications for both China and the WTO on integrating in the world economy. Moreover, doing a comparative study with EU State aid law can also provide China with a source of inspiration for reviewing its legal mechanism in respect of tax incentives and the WTO for rethinking its subsidy rules with regard to achieving its objectives and purposes. Academics and students in related subject will be interested to read the book. Practitioners doing business related to China, EU and international trade can be very interested in this book. Policymakers in both China and EU can also get valuable knowledge and inspiration from the book.

Author : Philippe De Baere
Publisher : UN
Page : 56 pages
File Size : 35,71 MB
Release : 2009
Category : Business & Economics
ISBN :

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This study focuses on export promotion schemes that developing countries may use without violating international trade rules. It examines the rules themselves ndash; the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures for industrial goods and the Agreement on Agriculture for agricultural products ndash; and looks at schemes currently in place in the developing world.

Author : Rambod Behboodi
Publisher : Routledge
Page : 304 pages
File Size : 50,60 MB
Release : 1994-10-06
Category : Business & Economics
ISBN : 113483408X

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National industrial subsidies are a major irritant in international trading relations. There have been many attempts to curb the damaging effects of subsidies on the international trading order; most have met with stiff oppostion and mixed success. Today the combination of industrial subsidies and the countervailing duties intended to combat them p

Author : Deane, Felicity
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 14,95 MB
Release : 2022-05-19
Category : Law
ISBN : 1839104163

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This timely Research Handbook provides a broad analysis and discussion on how academics are managed. It addresses key issues, including the changing nature of academic work and academic labour markets, issues of power, leadership, ageing, human resource management practices, and mobility.