Research On The Identification Of The Public Body In Countervailing

Definition of a Subsidy shall be deemed to exist if there is a financial contribution by agovernment or any public body within the territory of a member,including direct subsidiesor other preferential treatments,so their products can enjoy better competitive position thanthe same kind of products which are not be subsidized.Definition exist when financialcontribution is made by the government or any public body(referred to in this Agreement as"government") in the SCM agreement,it just means that the important subsidized bodies wecalled are the government and the public body.It is easy to ensure the government here,buthow to definite the public body is still not be resolved.Wether the United States or China, itis no doubt that the Chinese state-owned enterprises and the state-owned commercial banksare not to the government,but they hold the different views about whether the two mainbodies belongs to the public body.As the one of the focus dispute,the definition of thepublic body is utmost important,it affects other questions,such as whether the subsidy canbe established.The Panel supports the views of America,"the public body"should bedeemed to the institution controlled by the government,so the Chinese state-ownedenterprises belong to the public body;In the other side,the WTO Appellate Body agree withthe Chinese conclusion who think the "the public body"should be deemed to theinstitution,the government functions are be conferred on them,so it is impossible todefinite they belongs to the "public body".For each side having their enough reasons,theaccurate explanation of the "the public body" becomes the decisive factor.This thesis list the article of "public body" in the SCM Agreement firstly,specify the partiesto the dispute contradiction and point out the argument,that is to say,support the views ofThe Panel;then introduce the ground of this case,the reader will know the main idea of theThe United States Countervailing trends after presenting briefly the development of theAmerica.The second part introduces the case and summarizes the focus ofcontroversy,analyzes the reason of the definition about the "public body" between ThePanel and Appellate Body.At last,the standpoint will be listed after the combination of thetheory of international law and the research on the WTO trade articles,deny the explanationof the Appellate Body and ventures the proof method of argument and evidence which cansupport this paper,then come to the conclusion that Chinese "state-owned enterprises"belongs to "public body".