Study Of Export Subsidies Under The Wto Regulation

Under the legal system of WTO, export subsidies have been being restricted or prohibited by governments of various contracting parties from the beginning, and have been even directly fitted into the category of prohibited subsidies of Article 3 of the SCM agreement, which is different from the "tolerant" manner to domestic subsidies. The obvious difference of manner is not only for the reason that export subsidies make the export products acquire an unacquirable competitive advantage in the common environment of international trade, but, more importantly, also for the reason that the competitive edge which shouldn't have been acquired brings directly about unfair trades and damages interests of importing contracting parties, which is the distortion to the free trade framework. As a result of the negative influence of export subsidies to the international trade, various contracting parties reinforce the international regulation to export subsidies; in the meantime, they one after another also lay down the law of countervailing measures to offset the adverse impact of export subsidies of foreign countries to their domestic industries. Nonetheless, the domestic countervailing laws are often evolved into the virtual non-tariff barriers, consequently, which still further retard the normal development of international trade and threaten the free trade framework of the world.Based on this, WTO has the provisions (Article 6 and 16 of GATT1947) related to export subsidies and countervailing measures from the beginning of establishment of its predecessor GATT, and the efforts regulating subsidies go straight on today. Under the framework of WTO, lots of systems all have the provisions associated with the subsidies and countervailing measures, for example, the GATT, ASCM, AOA, GATS and GPA, but the ASCM is the most comprehensive and important among them. The ASCM is the significant achievement by the violent controversy of the various contracting parties of WTO in Uruguay Round and has more explicit definitions to subsidies and export subsidies and provides more severe prohibition to export subsidies; meanwhile, which normalizes the countervailing measures and to some extent prevents the abuse of countervailing measures, and which makes the cases about subsidies greatly reduced, and is, so to speak, the core of the subsidies'system of WTO. Therefore, the study of this thesis on export subsidies regulated by WTO is also mainly conducted around the agreement. This thesis has four chapters besides the introduction and conclusion.Chapter One:This chapter principally collates the relevant institutions of subsidies and countervailing measures of WTO, and selectively analyzes the relevant provisions of the SCM agreement.Chapter Two:This chapter mainly does some research about inscape of prohibited subsidies of WTO, and based on that, analyzes the list of export subsidies illustrated in Annex I of the SCM agreement.Chapter Three:This chapter majorly collates the cases of WTO related to the prohibited export subsidies, and further analyzes the issues about the prohibited export subsidies on the basis of cases.Chapter Four:This chapter analyzes the situation that China is faced with in subsidy from the perspectives of regulations and practices of WTO, and puts forward my own thinking and countermeasures in allusion to the problems existing in the policies of export subsidies of China.