Can I read WTO Disciplines on Subsidies and Countervailing Measures (Balancing Policy Space and Legal Constraints) on EtoBox?

WTO Disciplines on Subsidies and Countervailing Measures (Balancing Policy Space and Legal Constraints) by Coppens, Dominic is a scholarly article available to read on EtoBox.

What is WTO Disciplines on Subsidies and Countervailing Measures (Balancing Policy Space and Legal Constraints) about?

The scope of the SCM Agreement A subsidy within the meaning of the SCM Agreement exists if two distinctive elements are present: (i) a financial contribution by a government (or any form of income or price support in the sense of Article XVI of the GATT); and (ii) a benefit is thereby conferred. 1 To be subject to the disciplines of the SCM Agreement and countervailable, this subsidy must also be specific. 2 The SCM Agreement's dual objective could be advanced to support a broad as well as a narrow interpretation of this specific subsidy definition: the objective of strengthening subsidy disciplines supports a broad interpretation, whereas the objective of limiting the reach of CVDs rather suggests a narrow interpretation. Hence, to paraphrase the Appellate Body, 'considerations of the object and purpose of the SCM Agreement do not favour either a broad or a narrow interpretation' of the subsidy definition. 3 3.1 Financial contribution by a government or income or price support 3.1.1 Financial contribution Article 1.1(a)(1) of the SCM Agreement points to three different kinds of financial contribution: 4 1 Article 1.1 of the SCM Agreement. For the normative discussion on the scope

Author

Coppens, Dominic

Publisher

Cambridge University Press (Virtual Publishing)

Published

2014

Language

EN

ISBN

9781306716390