Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


The Law of Subsidies Under the GATT/WTO System

Image not available lge
Marc BenitahUniversity of Quebec, Montreal, Canada

ISBN13: 9789041198273
ISBN: 904119827X
Published: July 2003
Publisher: Kluwer Law International
Format: Hardback
Price: £124.00

Despatched in 11 to 13 days.

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 analysis alters the understanding of the international economic law of subsidies and its future invocation and jurisprudence. The issue of subsidies is a predominant theme 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.

Image not available lge
Part I Legal Techniques for Attenuating Entitlements Granted to the Party Allegedly Affected by a Subsidy: Explicit Techniques of Attenuation; Implicit Techniques of Attenuation; The Relative Weakness of Attenuations in the Countervailing Duty Field. Part II Techniques of Attenuation as a Seed for the Birth of Legal Disputes: Legal Disputes Arising from the Ambiguous Link Between Two Texts; Disputes Arising from Poorly Defined Concepts; The Failure of Extremist Techniques of Interpretation; The failure of Country B's sophisticated economic interpretations; The Failure of Attempts to Intensify Country B's Attenuations through an Extremist Technique of Interpretation; Vulnerability of Attenuations Favoring Developing Countries; The Problematic Coherent Application of Attenuations Derived from the Concept of ""Distortion""; Causality Between Subsidy and Injury for the Purpose of Countervailing Duties - A Legally Indeterminate Attenuation. Part III Obstacles in the Way of Clarifying Attenuated Norms Through the Case Law Process.