Comments On The Eu State Aid Of Strengthening The Countervailing System Under The WTO Framework

The EC Treaty is based on the spirit of GATT / WTO legislation,the subsidy provisions of the EC Treaty are basically consistent with GATT / WTO.EC has built the anti-subsidy investigation procedures formally in 1979.Along with the amend of GATT1947 and the SCM Agreement has came out,EU had taken the fundamental legislation of SCM Agreement to drafted provisions,in order to insure the SCM Agreement being effectively implement among EU members.In addition,EU had also formulated the State Aids Law-specifically regulates the domestic subsidy policies of EU members-which has constituted the EU subsidy system with GATT and Tokyo Round Codes.WTO subsidy system are mainly composed by Art.6?16 of GATT,SCM Agreement?Art.15 of GATS and Agreement on Agriculture.WTO subsides rules and the EU State aids rules apply in a wide internationally range and are relatively perfectly,which are separately belong to different departments.The former is belong to International Trade Law and the later was divided in EU Competition Law.Even though the two systems have different legal attributes,there are similarities between them.And the object of these two systems are highly similar,which add more reason to compare the WTO subsidy system and the EU State Aid.The first part of this article analyzes and compares the concepts of WTO subsidy system and EU State Aid.This part summarizes factors of subsidies under WTO and state aids under EU laws.The end of this section has been concluded the similarities and differences between these two systems,analyze the adaption of two systems from the perspective of components.The second part of this article analyzes and compares the scope of definitions of subsidies and state aid,also application of the WTO subsidy system and EU State Aid.This section also summarizes differences and similarities between these systems,mainly focus on the differences of public account cost and specificity.The last part of this article compares the remedy and enforcement regulations under WTO subsidy system and EU State Aid.In the end summarizes advices for improving WTO subsidy system by using EU State Aid as a template,which was analyzed and compared from different perspectives.