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The WTO Law of Subsidies

The WTO Law of Subsidies PDF Author: Marc Benitah
Publisher: Kluwer Law International B.V.
ISBN: 9403503343
Category : Law
Languages : en
Pages : 684

Book Description
Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.

The WTO Law of Subsidies

The WTO Law of Subsidies PDF Author: Marc Benitah
Publisher: Kluwer Law International B.V.
ISBN: 9403503343
Category : Law
Languages : en
Pages : 684

Book Description
Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.

The International Sugar Trade

The International Sugar Trade PDF Author: A. C. Hannah
Publisher: John Wiley & Sons
ISBN: 9780471190547
Category : Business & Economics
Languages : en
Pages : 268

Book Description
Der Zuckermarkt ist weltweit - und ganz besonderes angesichts der jüngsten Entwicklungen in Osteuropa und Kuba - von besonderer Bedeutung. Dieses einzigartige Nachschlagewerk bietet umfangreiche Hintergrundinformationen zur Geschichte des Zuckers, zu Anbau und Verbrauch. Ausführlich werden der wachsende Produktionssektor sowie Tendenzen in Weltproduktion, Verbrauch und Handel erläutert und umfangreiches Zahlenmaterial zu Produktion, Export, Vertrieb, Verträgen, Verbrauch, Handel und Preisen zur Verfügung gestellt. Das Buch beleuchtet die Produktionspolitik der weltgrößten Zuckererzeuger, die künftige Entwicklung in Osteuropa und Kuba sowie mögliche Zuckerersatzstoffe, den Zuckerhandelszyklus und Marketingketten und den Zuckerterminmarkt (Futures). (11/97)

Trade Disputes and the Dispute Settlement Understanding of the WTO

Trade Disputes and the Dispute Settlement Understanding of the WTO PDF Author: James C. Hartigan
Publisher: Emerald Group Publishing
ISBN: 1848552068
Category : Political Science
Languages : en
Pages : 510

Book Description
Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.

WTO Disciplines on Subsidies and Countervailing Measures

WTO Disciplines on Subsidies and Countervailing Measures PDF Author: Dominic Coppens
Publisher: Cambridge University Press
ISBN: 1139916017
Category : Law
Languages : en
Pages : 695

Book Description
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.

The Imperative of Development

The Imperative of Development PDF Author: Geoffrey Gertz
Publisher: Brookings Institution Press
ISBN: 0815732562
Category : Business & Economics
Languages : en
Pages : 308

Book Description
" The achievements and legacy of the Wolfensohn Center for Development at Brookings The Imperative of Development highlights the research and policy analysis produced by the Wolfensohn Center for Development at Brookings. The Center, which operated from 2006 to 2011, was the first home at Brookings for research on international development. It sought to help identify effective solutions to key development challenges in order to create a more prosperous and stable world. Founded by James and Elaine Wolfensohn, the Center’s mission was to “to create knowledge that leads to action with real, scaled-up, and lasting development impact.” This volume reviews the Center’s achievements and lasting legacy, combining highlights of its most important research with new essays that examine the context and impact of that research. Six primary research streams of the Wolfensohn Center’s work are highlighted in The Imperative of Development: the shifting structure of the world economy in the twenty-first century; the challenge of scaling up the impact of development interventions; the effectiveness of development assistance; how to promote economic and social inclusion for Middle Eastern youth; the case for investing in early child development; and the need for global governance reform. In each chapter, a scholar associated with the particular research topic provides an overview of the issue and its broader context, then describes the Center’s work on the topic and the subsequent influence and impact of these efforts. The Imperative of Development chronicles the growth and expansion of the first center for development research in Brookings’s 100-year history and traces how the seeds of this initiative continue to bear fruit. "

Subsidy Reform in the Middle East and North Africa

Subsidy Reform in the Middle East and North Africa PDF Author: Mr.Carlo A Sdralevich
Publisher: International Monetary Fund
ISBN: 1498350437
Category : Business & Economics
Languages : en
Pages : 130

Book Description
In the Middle East and North Africa (MENA) countries price subsidies are common, especially on food and fuels. However, these are neither well targeted nor cost effective as a social protection tool, often benefiting mainly the better off instead of the poor and vulnerable. This paper explores the challenges of replacing generalized price subsidies with more equitable social safety net instruments, including the short-term inflationary effects, and describes the features of successful subsidy reforms.

WTO Agreement on Subsidies and Countervailing Measures

WTO Agreement on Subsidies and Countervailing Measures PDF Author: Wolfgang Müller
Publisher: Cambridge University Press
ISBN: 1108279511
Category : Law
Languages : en
Pages : 1181

Book Description
Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.

Growth and Evolution in China's Agricultural Support Policies

Growth and Evolution in China's Agricultural Support Policies PDF Author: Fred Gale
Publisher: Createspace Independent Publishing Platform
ISBN: 9781497528734
Category : Agricultural industries
Languages : en
Pages : 54

Book Description
China is perhaps the most prominent example of a developing country that has transitioned from taxing to supporting agriculture. In recent years, Chinese price supports and subsidies have risen at an accelerating pace after they were linked to rising production costs. Per-acre subsidy payments to grain producers now equal 7 to 15 percent of those producers' gross income, but grain payments appear to have little influence on production decisions. Chinese authorities began raising price supports annually to bolster incentives, and Chinese prices for major farm commodities are rising above world prices, helping to attract a surge of agricultural imports. U.S. agricultural exports to China tripled in value during the period when China's agricultural support was accelerating. Overall, China's expansion of support is loosely constrained by World Trade Organization (WTO) commitments, but the country's price-support programs could exceed WTO limits in coming years. Chinese officials promise to continue increasing domestic policy support for agriculture, but the mix of policies may evolve as the Chinese agricultural sector becomes more commercialized and faces competitive pressures.

Identification Revolution

Identification Revolution PDF Author: Alan Gelb
Publisher: Brookings Institution Press
ISBN: 1944691049
Category : Business & Economics
Languages : en
Pages : 273

Book Description
Some 600 million children worldwide do not legally exist. Without verifiable identification, they—and unregistered adults—could face serious difficulties in proving their identity, whether to open a bank account, purchase a SIM card, or cast a vote. Lack of identification is a barrier to full economic and social inclusion. Recent advances in the reach and technological sophistication of identification systems have been nothing less than revolutionary. Since 2000, over 60 developing countries have established national ID programs. Digital technology, particularly biometrics such as fingerprints and iris scans, has dramatically expanded the capabilities of these programs. Individuals can now be uniquely identified and reliably authenticated against their claimed identities. By enabling governments to work more effectively and transparently, identification is becoming a tool for accelerating development progress. Not only is provision of legal identity for all a target under the Sustainable Development Goals, but this book shows how it is also central to achieving numerous other SDG targets. Yet, challenges remain. Identification systems can fail to include the poor, leaving them still unable to exercise their rights, access essential services, or fully participate in political and economic life. The possible erosion of privacy and the misuse of personal data, especially in countries that lack data privacy laws or the capacity to enforce them, is another challenge. Yet another is ensuring that investments in identification systems deliver a development payoff. There are all too many examples where large expenditures—sometimes supported by donor governments or agencies—appear to have had little impact. Identification Revolution: Can Digital ID be Harnessed for Development? offers a balanced perspective on this new area, covering both the benefits and the risks of the identification revolution, as well as pinpointing opportunities to mitigate those risks.

The Economic Impact of Public Support to Agriculture

The Economic Impact of Public Support to Agriculture PDF Author: Virgil Ball
Publisher: Springer Science & Business Media
ISBN: 1441963855
Category : Business & Economics
Languages : en
Pages : 344

Book Description
Despite a gradual and sustained decline in the contribution of agriculture to the economies of the member countries of the Organization for Economic Cooperation and Development (OECD), the sector remains socially and politically important. Although agriculture accounts for less than 2% of the gross domestic product of the OECD countries, it occupies over 35% of their total land area. Predominantly rural regions, where agriculture remains particularly important, contain almost one quarter of the population of OECD countries. The past quarter century has witnessed signi?cant changes in agricultural po- cies in OECD countries. Although total support remains high, a shift has taken place from price-linked measures to direct income support, most notably in the European Union. Policies have been adapted to meet pressing social concerns, such as ens- ing food security and improving environmental quality. OECD countries face major economic issues due to the ageing of their populations and the need to adapt to gl- alization and increasing competition from emerging economies. Continued pressure to reform agricultural policies will be exerted by the need to economize on the use of scarce public resources. At the same time, agriculture faces new challenges g- erated by climate change, the “greening” of the economy, increasing scarcity of energy and water, and the demands placed on the food system by an expanding world population.