Download Law and Economics of Contingent Protection in International by Kyle W. Bagwell, George A. Bermann, Petros C. Mavroidis PDF

By Kyle W. Bagwell, George A. Bermann, Petros C. Mavroidis

The ebook discusses the regulatory framework of contingent safeguard on the planet exchange association - antidumping, countervailing tasks, and safeguards - in addition to an fiscal research of those tools. The book's a variety of chapters remove darkness from the elemental functioning of all 3.

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Extra resources for Law and Economics of Contingent Protection in International Trade (Columbia Studies in WTO Law and Policy)

Sample text

135–143. The primary reason of the Appellate Body seemed to be the circumvention argument (see para. 142). Appellate Body Report, Canada – Autos, loc. , supra no. 86, para. 123. The Appellate Body did not decide upon de facto contingency because of the incomplete analysis of the Panel. 1(a) and (b) of the SCM Agreement. 1(a), Footnote 4, second sentence of the SCM Agreement. Export orientation can be a relevant fact to demonstrate that the subsidy is “tied to” exportation or export earnings, provided that it is one of several other facts that are considered.

Lumber CVDs Final, loc. , supra no. 27, paras. 121. 3 of the SCM Agreement. To be precise, the irrefutable presumption of specificity seems not dependent on whether these subsidies are prohibited but on whether they are export/local content subsidies. 4 of the SCM Agreement. The delineation between general and specific subsidies remains vague, and it will thus have to be decided by the dispute-settlement system on a case-by-case basis. See M. Trebilcock and M. T. O. ), Research Handbook in International Economic Law (Cheltenham, Edward 30 Jan Wouters and Dominic Coppens certain enterprises.

O. T. O. Sykes, loc. , supra no. 151, 103. This means that they are neutral and do not favor certain enterprises over others, economic in nature and horizontal in application, such as number of employees or size of enterprise. 1(b), Footnote 2 of the SCM Agreement. 1[b] of the SCM Agreement). 1(c) of the SCM Agreement. Account shall be taken of the diversification of economic activities in the subsidizing country and the length of time of the subsidy program. 2 of the SCM Agreement, which is much narrower than the draft text (Dunkel Text) that considered subsidies “available to all enterprises located within one designated geographical area” as specific (emphasis added).

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