Identification Standards For "Public Body"at SCM

According to the Subsidies and Countervailing Measure Agreement,the main body which supplies subsidies is government or public body.Although the first important problem is to assert the standard of publicbody, there is no specific provision in WTO law can explains this term. Inthe case DS379, one of the main disputes is the identification of the“public body”. This paper analyzes the report of the WTO expert paneland appeal body, discusses the source of argument of “public body”, then,confirms the identification criteria of “public body” in essence, andbrings suggestions and purposeful refection measures to Chinesestate-owned business.The essay has three main sections. The first section introduces thedetails of case DS379, including the time-table, standpoints of China andUnited States, and the process of argumentation of both side. The secondsection is to analysis the concept of the term “public body”. The analysiscovers the literally analysis, the analysis of related rules in WTO disputesettlement, and the comparative studies among the United States, EU, andChina. The third section analysis the conflict raised by public body. Thispart mainly argues the following points. First, in case DS379, there is nothoroughly resolution on clarifying the term “public body”. Second, theappeal body only made the judgment but avoid some core problem. Third,this paper argues that although China ultimately wins, there really existrational factors in the standpoint of the United States.In accordance with the above analysis, this paper considers that Chinashould actively apply the framework and standards which confirmed inthis case. In addition, this paper proposal suggestions on preparingevidence, wording on lawmaking and make the most of American judicialreview system.