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Research Report On Mexico V. China-Certain Measures Granting Refunds, Reductions Or Exemptions From Taxes And Other Payments

Posted on:2010-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:C Q WangFull Text:PDF
GTID:2166360275460688Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
Since China joined WTO,it has confronted the risk of being sued about subsidies by other WTO members.This risk is not only underlying but also realistic.In this period, compared with the fact that China as one of the worst anti-dumping suffers in the world,the serious situation is clearly not in different with the tendency,although China's current anti-subsidy investigations being formally filed is small.However,we can not let down our guard,the other members from the WTO's experience teaches us that India is a case in point. In view of this,if China does not take precautions,the future of international trade disputes will inevitably fall into a passive situation.Therefore,the purpose of this article is to make us pay attention to the problem of anti-subsidy,and prepare preventive measures.This article is composed of six parts.The first part of this article is the cause of Mexico v.China.The second part of this article is mainly to give a brief introduction about this case.It concludes that,Mexico requested consultations with China on February 26,2007,and the two parties informed the DSB that they reached a agreement about Chinese tax measures and signed a memorandum of understanding agreement.It also includes the legal basis to hold consultations with China sued by Mexico,as well as the request to establish a WTO panel.The third part of this article is the focus of the dispute of this case.This part contains four aspects.Firstly,China's tax measures would constitute a prohibited and actionable sunsidies.Secondly,China's subsidies would constitute non-actionable subsidies.Fourthly, China's subsidies and the WTO principle of national treatment is consistent or inconsistent. The United States and Japan can or cannot join the lawsuit as third parties.The fourth part of this article is the focuses of the research to the case.Firstly,it tells us the identification on prohibited and actionable subsidies,including the theory,legal provisions and comprehension about prohibited and actionable subsidies,and so as to the actionable subsidies,WTO Brazil v.Canadian civil aircraft subsidies case and the provisions of Chinese subsidies.Secondly,it is about the theory of identification of non-actionable subsidies, including the non-actionable subsidies,WTO legal provisions on non-actionable subsidies, China's ability to circumvent the constraints and countervailing measures,and some special subsidies in China's Accession to the WTO Protocol.Thirdly,it is about the system of national treatment.Fourthly,it analyses the issues of third parties actions.The fifth part is about China's subsidies,including the analysis of the measures and the measures to make adjustments on China's subsidies.In the last part of the article,it is a conclusion.First of all,the article finds that there is a certain inevitability about Mexico v.China in this case.Then the article concludes the merits, maturity and the shortage.In the end,the article gives some countermeasures on how to deal with the future situation for China.
Keywords/Search Tags:subsidies, anti-subsidy, a third-party
PDF Full Text Request
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