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On The Legal Criteria For Subsidy Confirmation In SCM Agreement

Posted on:2015-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:R Q YangFull Text:PDF
GTID:2176330422473047Subject:International economic law
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As an important means to control economy, subsidies has been adopted byalmost all countries in the world. Subsidies play different roles in countries withdifferent economic level. In developing countries, it is used to promote and help infantindustries and vulnerable industries. However, in developed countries, it is more oftenused as an means to protect its industries in international trade.In WTO, dispute settlement body (hereinafter referred to as DSB) has heardmany cases concerning subsidies. In the coming future, subsidies will become anotherhot dispute topic after dumping. However, contrary to dumping, our experience onsubsidies is obviously not enough as on dumping. And we lack conception andunderstanding of Subsidies and Counter subsidies Measures (hereinafter referred to asSCM Agreement), which is a foundermental instrument in effect governing subsidies.SCM Agreement set out a series of more systematic and practical rules governingsubsidies, all of which deeply affect the practice of parties.In recent years, the United States and the European Union has brought the caseconcerning subsidies on large civil air craft between Air Bus and Boeing to the DSB.This case is called the war of subsidies because the two parties in this case are the twolargest economic bodies in the world, and more than this, the dispute has been carriedout for almost ten years. On March12,2012, the appellate body released its finalreport on this case. The final report reversed some findings of panel. What’s more, itsinterpretations of articles of SCM Agreement are of vital importance for us tounderstand SCM Agreement. In addition, the ways the appellate body adopted in thiscase to interpret articles of SCM Agreement and to review the arguments is also worthlearning. Therefore, this paper tries to, by means of illustration,analyze the standardsof a subsidy. Besides, it also studies the application and interpretation of laws by boththe panel and the appellate body. And finally, it proposes a certain advices on how toproperly apply subsidy, based on our own nation’s status, with the wishes that theymaybe helpful to guide our application of subsides.
Keywords/Search Tags:Subsides on civil aircraft, SCM Agreement, Interpretations oflaw
PDF Full Text Request
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