Legal Battles and Policy Balancing: Empirical Analysis of Subsidies and Countervailing Measures in the WTO

Author: Duan Aiqun
Publisher:
Publish Date: 2005-12-01
Features: This book conducts a systematic study on the theoretical foundation and institutional arrangements of the subsidy and countervailing measures system under the WTO legal framework from an interdisciplinary perspective of law and economics, combining relevant cases of the WTO Dispute Settlement Body (DSB). It first elaborates on the legal definition of subsidies from the perspective of their connotation and extension, summarizes and analyzes the composition of the subsidy definition, and explains and analyzes the market basis and economic causes for the emergence and development of subsidy and countervailing measures rules. It also explores the jurisprudential foundations and treaty interpretation principles behind the evolution of these rules.
Then, employing historical research methods, it traces the historical development and refinement of the subsidy and countervailing measures system in Europe, the United States, and within the GATT/WTO framework. Using legal logical analysis and economic analysis methods, it examines legal issues and institutional arrangements related to subsidy measures in areas such as agriculture, financial instruments, fiscal tools, exchange rate systems and levels, government procurement, and privatization reforms. It conducts empirical analyses of legal issues in these areas based on DSB cases and, on this basis, elevates the theory.
Finally, it discusses the institutional design and policy orientation of China's subsidy and countervailing measures system, conducts empirical and theoretical analyses of recent hot issues related to subsidy measures in China, evaluates and proposes revisions to China's current subsidy and countervailing measures regulations, and analyzes the shortcomings of special and differential treatment for developing countries in the SCM Agreement while offering improvement suggestions. This book is currently the only specialized work in China on subsidies and countervailing measures under the WTO, integrating theoretical and practical research across multiple policy and legal fields. Particularly notable is its combination of international law and WTO rules with China's fiscal and monetary policies, making it highly practical and targeted.