On The Substantive Rules Of The Wto Subsidies And Countervailing

As two kinds of contradictory practices, both subsidies and countervailingmeasures have legitimacy in their existence while having negative effect uponinternational trade to a certain degree under the circumstances of being abused.Therefore, the international society has been trying hard to establish related rules inorder to restrict subsides and countervailing measures abused by countries since theend of World War II. In 1994, The Uruguay round of GATT multilateral tradenegotiations concluded Agreement on Subsidies and Countervailing Measures(ASCM for short), which is the most comprehensive international rules in general toregulate the legal problems of subsidies and countervailing measures in theinternational trade of goods. And ASCM is applied to all members of World TradeOrganization.ASCM includes substantive rules and procedural rules. And the substantive rulesare basic part of ASCM. So this dissertation mainly focuses on those substantive rules.The definition of subsidies and the specificity standard are the footstone and startingpoint of the legal problems of subsidies and countervailing measures, while the legalclassification of subsidies is the basis of regulating different kinds of subsidieseffectively. The above rules mainly restrict the potential abuse of subsidies. On theother hand, those rules related to the injury caused by subsidized imports and thecausality therein mainly restrict the potential abuse of countervailing measures.As for China, we should lay emphasis on studying international rules ofsubsidies and countervailing measures under the current and new situations. In orderto further promote the development of our foreign trade and economy, we shouldmake ready to face the international countervailing situations against China, whilefurther perfecting our legislation of the countervailing duty law.