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

Author: Luca Rubini
Publisher: Oxford University Press
ISBN: 9780199533398
Published In: December 2009
Format: Hardback , 500 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

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Provides a thorough critical analysis of an under-researched area of international economic law
Comparative study of regulation across the EU and WTO provides insights into legal problems faced by both systems
Combines analytical rigour in examining the doctrinal issues of definition with a practical sense of everyday legal problems, providing conceptually-grounded solutions to problems in the law of subsidy

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.

Readership: Academics, practitioners and advanced students working in WTO law, EC, and national competition law

I Introduction and Foundations
Overview
1: Introduction
2: Foundations: The Purpose of Subsidy Control
II Forms of Governmental Action
Overview
3: Introduction: Governmental Intervention in the Economy and Subsidies
4: The Forms of Governmental Action Covered by WTO Subsidy Rules
5: The Forms of Governmental Action Covered by EC State Aid Rules
6: Forms of Governmental Action: Internal and External Perspectives
III The Advantage Analysis
Overview
7: The Advantage Analysis: An Introduction
8: Economic Activity and the Advantage Analysis
9: Non-economic Activity and the Advantage Analysis in the WTO
10: Non-economic Activity and the Advantage Analysis in the EC
11: Concluding Remarks: Objectives and the Advantage Analysis
IV Beneficiaries
Overview
12: The Identification of the Beneficiaries
13: The Idea and Analysis of Specificity
V Distortion of Competition
Overview
14: The Distortion of Competition
Conclusions

Luca Rubini, Lecturer in Law, and Deputy-director of the Institute of European Law, University of Birmingham

Luca Rubini is Lecturer in Law at the School of Law of the University of Birmingham. Previously, he was Lecturer at the University of Leicester (2005-2007) and legal secretary to Advocate General Francis Jacobs at the European Court of Justice in Luxembourg (2002-2003).

"...the book adds to the existing literature on the topic a necessary critical analysis of the fundamental components in the notion of subsidy and State aid. Policymakers, academics and the public in general, familiarised or not with this topic, will find this book of great value for its step-by-step analysis as well as for its policy suggestions" - Dr Gustavo E. Luengo De Madrid, European Commission, Brussels, Yearbook of European Law

"Rubini's volume is truly welcome and timely...The text...is entirely readable, even to non-lawyers. Almost throughout the volume, Rubini confines himself to explication and interpretation of the definitions, rules and cases, rather than normative criticism. But he does this in the context of providing a conceptual framework not only for the legitimate purposes of subsidies and state aids, but also for the ultimate objectives of EU and WTO rules designed to limit public bounty and inteference with the market." - Gary Clyde Hufbauer, Journal of International Economic Law

"This book forms a valuable new addition... and an important contribution to WTO and EC law scholarship. It is well-written, well-researched and offers much critical commentary... The usefulness of the book also stems from its clear lay-out" - Tjarda Van Der Vijver, Netherlands Competition Authority, E.C.L.R. 32 (2)

"In The Definition of Subsidy and State Aid, Luca Rubini does a masterful job at breaking his subject down and building it back up again, skillfully placing the constituent elements of subsidy and state aid in the legal, economic, and policy contexts in which they operate. While the legal perspective enjoys primacy, Rubini has produced a book offering valuable insight not only for lawyers, but for a broader, interdisciplinary audience seeking to understand the rules as they are, as well as how they could be...The Definition of Subsidy and State Aid offers valuable tools and a common language for policy-makers, lawyers, and economists alike to carry forward the debate on the current and potential scope of the subsidy and state aid rules." - Todd J. Friedbacher, Sidley Austin LLP, World Trade Review

"Policymakers, academics and the public in general, familiarised or not with this topic, will find this book of great value for its step-by-step analysis as well as for its policy suggestions" - Dr Gustavo Luengo, Yearbook of European Law