Research On The Problems Of The Specificity Standard In The Agreement On Subsidies And Countervailing Measures Under WTO

The specificity standard is an important conception in the subsidies and countervailing measures systems, it is the premise to take countervailing measures.The Agreement on Subsidies and Countervailing Measures ( intituled"SCMA"for short hereinafter ) is the first legislation absorbing the specificity standard into the international rules, this makes milestone sense to the discipline and direction to the international subsidies and countervailing measures practice. Doing thorough study on the specificity standard in SCMA, it is not only makes sense to the direction to perfect our country's subsidies system, which is propitious for our country to use subsidies as crucial implement to facilitate development of society and economics sufficiently, but also gives reference to our country's countervailing measures system, which provides important law foundation for our country to take countervailing measures by any possibility in future.By analysis to the specificity standard in SCMA, this article provides further perfection suggestions for our country's subsidies and countervailing measures systems. Other than preface and conclusion, this article is divided into four chapters as follows:Chapter 1: Introduction of the Specificity Standard in Subsidies and Countervailing Measures. This chapter introduces the legal definition and the history evolution of the specificity standard in subsidies and countervailing measures, on one hand. And analyzes the economic theory foundation of the specificity standard by the economy distortion theory, on the another hand. Then, this chapter makes comments on the economy distortion theory.Chapter 2: The Specificity Standard Problems in SCMA. This chapter does thorough study on the specificity standard in SCMA from two aspects, which are the classifications and judgement rules. There are also comments on the merits and limitations of the specificity standard in SCMA in this chapter.Chapter 3: Analysis of the Problems of the Specificity Standard Exception in SCMA. Firstly, this chapter introduces the theory foundation of the principle of the specificity standard exception in SCMA on the basis of the theory of the entitlement model and the theory of the strategic trade policy. Secondly, this chapter also analyzes the research and development subsidies, poverty region subsidies and environment protection subsidies in SCMA under the direction of the principle of the specificity standard exception.Chapter 4: The Specificity Standard Problems in Chinese Subsidies and Countervailing Measures Systems. In this chapter, integrating with the analysis to the problems of the specificity standard in SCMA before, there are not only particular analysis to the specificity standard problems in our country's subsidies and countervailing measures systems, but also have suggestions to perfect our country's subsidies and countervailing measures systems.