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Study On The Anti-subsidy Regulation Of The European Union And Its Interpretation And Application

Posted on:2014-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q TangFull Text:PDF
GTID:2296330425478737Subject:International Law
Abstract/Summary:PDF Full Text Request
Along with the trend which makes the transnational trade deeper and wider, the tendencyof imbalance between different economies should also be noticed. Under this particularcircumstance, the subsidy has drawn attention from different kind of internationalorganizations. As a result of this, under the on-going framework of the WTO, treaty aboutsubsidy and countervailing measures is one of the cornerstones. Under this framework raisedby the WTO, every member states comes up with their very own anti-subsidy law orregulations which is to make the full use of this legitimate tool in the protection of their owninterest. And of course, the EU does not make an exception. Meanwhile, owing to thedifficulty lying in the collection of evidences of the anti-dumping investigations, the EUstarted exploring new protect method towards their competition states. In the year2010, theEU initiated their first anti-subsidy investigation against China, and we can certainly predictthat this is not an end of this kind of cases. Hence, research on the EU’s anti-subsidy policiesand practice of relevant institutions is critical for our future reply to this kind of investigationsand the improvement of our own actions and regulations.This article starts with the analysis of the EU’s anti-subsidy regulations, uses the lawanalysis method and case analysis method, discusses the on-going anti-subsidy regulations ofthe EU and practices of key institutions. The text contains about thirty-three thousand words,apart from the introduction part, consist of4separate parts.Part one discusses the history of the anti-subsidy regulations of the EU, and analyses thestatistical date of the anti-subsidy cases brought within the EU’ territory. Meanwhile,introduces the division of work among institutions in light of anti-subsidy cases. Amongwhich the paper focused on the introduction of judicial review system.Part two and three are the main parts which researches on the substantive regulations andprocedural regulations of EU and the practice of institutions separately. Based on the brieflyanalysis of the regulations, these two parts focuses on the interpretation and adaption of theadministrative authorities (Commission and Council) in their daily practice. At the same time,the paper summarizes the main arguing points of the anti-subsidy cases which has beenbrought to the ECJ, analyzes the opinion taken by the ECJ in practice. The last part analyzes the current situation, characters and causes of the EU’santi-subsidy cases against China, and sums up some enlightenment to China.
Keywords/Search Tags:anti-subsidy, EU anti-subsidy basic regulations, SCM agreement, ECJ, EU Commission, interpretation and application
PDF Full Text Request
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