Legal Battles and Policy Balancing: Empirical Analysis of WTO Subsidy and Countervailing Rules

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 anti-subsidy system under the WTO legal framework from an interdisciplinary perspective of law and economics, incorporating relevant DSB cases of the WTO. First, it elaborates on the legal definition of subsidies from the perspectives of 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 anti-subsidy rules. It further 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 anti-subsidy system in Europe, the United States, and within the GATT/WTO framework. Using legal logic 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 anti-subsidy 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 anti-subsidy regulations, and analyzes the shortcomings of special and differential treatment for developing countries in the SCM Agreement while offering improvement suggestions. This book is the only monograph in China currently dedicated to studying subsidies and anti-subsidies under the WTO, integrating theoretical and practical research, spanning multiple policy and legal fields. Particularly, it combines international law and WTO rules with China's fiscal and monetary policies, demonstrating strong practicality and relevance.