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Vol 22 No 2 Feb/March 2017

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Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

ISBN13: 9780199533398
Published: December 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £83.00

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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 book focuses on the substantive provisions relating to core properties of a notion of subsidy, ie the public intervention and the conferral of an economic and selective advantage. In addition to preventative measures, it analyses the regulation of subsidy's negative and positive effects (distortions of international competition and trade, and remedial of insufficiencies in the market).

The current regulation in EC and WTO law is analysed, compared and assessed in depth, and tested against a proposed benchmark of optimal regulation of subsidies in each legal system and, more generally, at the international level. Drawing on the comparative analysis, the book argues that both systems can learn valuable lessons from each other to achieve a greater coherence and more efficient regulatory system.

  • Provides a thorough critical analysis of an under-researched area of international economic law
  • Comparative study of regulation across the EU and WTO provides insights into legal problems faced by both systems
  • Combines analytical rigour in examining the doctrinal issues of definition with a practical sense of everyday legal problems, providing conceptually-grounded solutions to problems in the law of subsidy

Competition Law, International Trade
I Introduction and Foundations
1: Introduction
2: Foundations: The Purpose of Subsidy Control
II Forms of Governmental Action
3: Introduction: Governmental Intervention in the Economy and Subsidies
4: The Forms of Governmental Action Covered by WTO Subsidy Rules
5: The Forms of Governmental Action Covered by EC State and Rules
6: Forms of Governmental Action: Internal and External Perspectives
III Advantage Analysis
7: The Advantage Analysis: An Introduction
8: Economic Activity and the Advantage Analysis
9: Non-economic Activity and the Advantage Analysis in the WTO
10: Non-economic Activity and the Advantage Analysis in the EC
11: Concluding Remarks: Objectives and the Advantage Analysis
IV Beneficiaries
12: The Identification of the Beneficiaries
13: The Idea and Analysis of Specificity
V Distortion of Competition
14. The Distortion of Competition: