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Study On Determination Of "public Body" In The WTO "Agreement On Subsidies And Countervailing Measures" In

Posted on:2014-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q YaoFull Text:PDF
GTID:2266330392963092Subject:International law
Abstract/Summary:PDF Full Text Request
In recent years, our country frequently encountered countervailing investigation bymany countries. In the countervailing investigation, the determination of “publicbody” is the premise of existence of subsidies. However, World Trade Organizationlegal rules and countries legislation don’t provide explicit definition of “public body”.WTO members have different operation standard in the cases practice.In the case DS379, one of the main disputes between China and American is theidentification of the“public body”, especially the dispute on if the state-ownedenterprises and the state-owned banks are “public bodies”. The WTO expert panelasserted that “pubic body” is the entity that controlled by the government, while theappeal body think “public body” should be the entity that perform duties authorizedby government. According to appeal body, the state-owned entities are not publicbodies, but the state-owned banks are taken for pubic bodies, which lead to a badsituation in the trade dispute.Combining with the DS379case and analysising the processes on identifying thepublic body of both panel and appeal body,and the stander of confirming public bodyof American, this paper analysis these different standers, and give some advices forour country.The essay has three main sections. The first section introduces the case DS379,including the standpoints of China and United States, and the report of the panel andappeal body, and analysis the theory they have put up, including the governmentcontrol theory and the government authority theory. The second section includes theanalysis of these standers of confirming public bodies focusing on their advantagesand disadvantages and the stander of confirm public body in American, whichincluding five-factor method and government majority ownership method. The thirdsection is some advice which have taken the situation of china into account to protectthe foreign trade of China.
Keywords/Search Tags:public body, five-factor test, government control, government authority
PDF Full Text Request
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