The Law Of Subsidies And Countervailing Measures Under WTO

This dissertation focuses on the law of subsidies and countervailing measuresunder WTO, The author quote massive WTO cases and several member nations'domestic law and practice to proof the relative theory. Attempts through thefundamental research, gain deeper understanding about the WTO subsidies andanti-subsidies law, enhance Chinese abilities in countervailing duty cases and try togive solution of how to provide Chinese subsidies.This paper altogether divides into nine chapters, approximately 280,000characters.Introduce the selected topic motive and the significance, the research techniqueand the inner link of various chapters.Chapter 1 subsidies and anti-subsidies measure rationale and legal systemevolution.This chapter mainly divide into four parts, systemize dissertate theoreticfoundation and the legal changes of subsidies and anti-subsidies. First introduced thevital role of subsidies and anti-subsidies' economic foundation and the legal system,review international trade classical theory, analyze the historical background and thepolitical economical reason of subsidies and countervailing duty. The author throughto the classics international trade theory analysis, excavate subsidies and countervailing duty existence intrinsic reason. Analyses of this part is quitedistinguished. Next, through to the subsidies and anti-subsidies law negotiationshistory and the development advancement review and analysis, inquired the origin ofSCM Agreement, the legislation spirit, the legal characteristic, the objective goal,policy vicissitude and various members compromise, is well distributed and with theinternational economy external environment interaction relations. Finally, introducedmember nations' countervailing duty laws.Chapter 2 legal research on the definition of subsidiesThis chapter makes an empirical analysis in light of the typical cases of the DSB,and discusses the standard of specificity. Specificity test is distinctive with otherbooks.Chapter 3 legal research on prohibited subsidiesTo discuss two legal aspects: remedies and legal definition of prohibitedsubsidies, especially research on the export subsidies and the prohibited subsidiesrelief particularity, also point out the punitive damage compensate exist.Chapter 4 legal research on actionable subsidiesAccording to SCM Agreement, there are several legal issues, such as"non-violation" and "serious prejudice" provisions, also introduced proposal ofseveral member nations during Doha rule negotiation.Chapter 5 discusses the key issues of the countervailing duty laws-causalitybetween subsidies and injury for the purpose of countervailing duties.Injury test is very important part in the countervailing duty law, thedetermination of injury and causation are the key role in the anti-subsidiesinvestigation.Chapter 6 legal issues of countervailing measuresThis chapter introduces the procedure of countervailing duties, such as theprovisional measures, undertaking, the application of special and differentialtreatment rules for developing countries. This part is rarely to see in other books.Chapter 7 introduced the review of countervailing measures.This chapter include standard of review, review, and the judicial review. Point out the standard of review whether can be used in the countervailing duty law.Chapter 8 research on WTO agriculture subsidies.This chapter discusses several legal matters: the general discipline of agriculturalsubsidies, the influence of peace clause's termination and the suspend of Doha round.Chapter 9 subsidies and anti-subsidies regulation of China and strategy ofanti-subsidies investigation against China.This chapter mainly introduced China's subsidies and the anti-subsidies law,examines the Chinese subsidies policy, because the national strength with thedeveloped country compares is limited, China provide subsidies very limited, but stillhave some problems, which will be challenged by other nations. Therefore, the modeland the study other country subsidies policy experience is very important. Authoralso suggests several solutions.