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The Definition of Subsidy and State Aid "WTO and EC Law in Comparative Perspective"

WTO and EC Law in Comparative Perspective

The Definition of Subsidy and State Aid "WTO and EC Law in Comparative Perspective". WTO and EC Law in Comparative Perspective

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  • ISBN:9780199533398
  • Editorial: Oxford University Press
  • Fecha de la edición:
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  • Dimensiones: 0 cm x 0 cm
  • Nº Pág.:496
  • Idiomas:Inglés,Ingles

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This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the conceptual understanding of the crucial, but still elusive, issue of the definition of subsidy. The first, important finding is that the topic is not only technical but raises more fundamental questions about the objectives of subsidy control in a given legal system and, more radically, about the goals of that system itself. The analysis does not only concentrate on the state of the law but critically looks forward offering suggestions for new interpretations and law reform. The book focuses on the substantive provisions of the EC and WTO relating to what are identified by the author as the core properties of a notion of subsidy, ie a form of public action, the grant of an economic advantage and the ensuing impact on the competitive process. The current regulation in EC and WTO law is analysed, compared and assessed in depth, and tested against a baseline represented by of a notion of subsidy inserted in a subsidy regulation pursuing certain objectives. Drawing on the results of the comparative exercise, the book argues that both systems can learn valuable lessons from each other to achieve a greater coherence and a more efficient regulatory system.

Table of cases
Table of legislation
List of abbreviations
I Introduction and Foundations
1 Introduction 3
2 Foundations: the purpose of subsidy control 25
II Forms of Governmental Action
3 Introduction: governmental intervention in the economy and subsidies 91
4 The forms of governmental action covered by WTO subsidy rules 105
5 The forms of governmental action covered by EC State aid rules 149
6 Forms of governmental action: internal and external perspectives 181
III The Advantage Analysis
7 The advantage analysis: an introduction 203
8 Economic activity and the advantage analysis 217
9 Non-economic activity and the advantage analysis in the WTO 261
10 Non-economic activity and the advantage analysis in the EC 287
11 Concluding remarks: objectives and the advantage analysis 317
IV Beneficiaries
12 The identification of the beneficiaries 335
13 The idea and analysis of specificity 359
V Distortion of Competition
14 The distortion of competition 381
Conclusion 419
Bibliography 425

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