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WTO Disciplines on Subsidies and Countervailing Measures: Balancing Policy Space and Legal Constraints


ISBN13: 9781107014770
Published: May 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £93.00



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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.

Subjects:
International Trade
Contents:
General introduction
1. Rationales for offering subsidies

Part I. Legal Disciplines on Subsidization and the Imposition of Countervailing Measures: 2. Historical overview
3. Scope of the SCM Agreement
4. Disciplines on subsidies
5. Remedies
6. Differential treatment

Part II. Case Study: WTO Disciplines on Export Credit Support: 7. Export credit support
8. Rationale for disciplining export credit support: historical context
9. Main elements of the OECD Arrangement
10. Disciplines on export credit support for non-agricultural products
11. Disciplines on export credit support for agricultural products
12. Export credit support in light of the GATS
13. Negotiations on export credit support disciplines in the Doha round
14. Conclusion: normative analysis of disciplines on export credit support

Part III. Normative Analysis of Disciplines on Subsidization and the Imposition of Countervailing Measures: 15. The scope of the SCM Agreement: specific subsidies
16. Disciplines on subsidization by developed countries
17. Disciplines on subsidization by developing countries
18. Disciplines on countervailing measures
19. Disciplines on subsidies in light of policy responses to the economic crisis

Overall conclusion.

Series: Cambridge International Trade and Economic Law

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The Social Foundations of World Trade: Norms, Community and Constitution ISBN 9781108441933
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Freedom of Transit and Access to Gas Pipeline Networks Under WTO Law ISBN 9781107163645
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Freedom of Transit and Access to Gas Pipeline Networks Under WTO Law (eBook) ISBN 9781316732304
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The Law and Politics of WTO Waivers: Stability and Flexibility in Public International Law ISBN 9781107471115
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International Organizations in WTO Dispute Settlement: How Much Institutional Sensitivity? ISBN 9781107471139
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Public Participation and Legitimacy in the WTO ISBN 9781107067820
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The Challenge of Safeguards in the WTO ISBN 9781107071780
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General Interests of Host States in International Investment Law ISBN 9781107050235
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Trade Policy Flexibility and Enforcement in the WTO: A Law and Economics Analysis ISBN 9781107638181
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The Multilaterization of International Investment Law ISBN 9781107636507
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Law, Economics and Politics of Retaliation in WTO Dispute Settlement ISBN 9781107655355
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Non-Discrimination in International Trade in Services: ‘Likeness' in WTO/GATS ISBN 9781107697669
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African Regional Trade Agreements as Legal Regimes ISBN 9781107670303
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Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members
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International Organizations in WTO Dispute Settlement: How Much Institutional Sensitivity? ISBN 9781107028241
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The Law and Politics of WTO Waivers: Stability and Flexibility in Public International Law ISBN 9781107012899
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African Regional Trade Agreements as Legal Regimes ISBN 9780521769839
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Non-Discrimination in International Trade in Services: ‘Likeness' in WTO/GATS ISBN 9780521191869
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The Multilaterization of International Investment Law ISBN 9780521762366
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Trade Policy Flexibility and Enforcement in the WTO: A Law and Economics Analysis ISBN 9780521761208
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