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Vol 22 No 9 Sept/Oct 2017

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The Regulation of Subsidies within the WTO's General Agreement on Trade in Services: Problems and Prospects


ISBN13: 9789041131621
Published: November 2009
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £110.00



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The General Agreement on Trade in Services (GATS) was created to extend the multilateral trading system to the service sector, in the same way the General Agreement on Tariffs and Trade provides for merchandise trade. Little is said in the GATS about subsidies beyond stipulating that a subsidy to a service provider or industry must be in accordance with the most-favored nation and national-treatment principles.

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 data 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 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.

Series: Global Trade Law Series

Economic Relations Between the Australia and European Union: Law and Policy ISBN 9789041134059
Published December 2013
Kluwer Law International
£112.00
Brazil in the World Trade Organization: Contingent Protection Measures ISBN 9789041133359
Published December 2012
Kluwer Law International
£104.00
Deference to the Legislature in WTO Challenges to Legislation ISBN 9789041131454
Published December 2009
Kluwer Law International
£110.00
The Law of Globalization ISBN 9789041128287
Published November 2009
Kluwer Law International
£110.00
China and the World Trade Organization: A Long March towards the Rule of Law ISBN 9789041131447
Published October 2009
Kluwer Law International
£110.00
Retaliation in the WTO Dispute Settlement System ISBN 9789041128119
Published March 2009
Kluwer Law International
£110.00
EU Dumping Determinations and WTO Law ISBN 9789041128270
Published February 2009
Kluwer Law International
£102.00
Anti-dumping Law and Practice of China ISBN 9789041127907
Published November 2008
Kluwer Law International
£126.00
Legalization of Development in the WTO: Between Law and Politics ISBN 9789041127952
Published November 2008
Kluwer Law International
£117.00
£126.00
Economic Development Through World Trade: Developing World Perspective ISBN 9789041126818
Published January 2008
Kluwer Law International
£108.00