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The Regulation of Subsidies within the General Agreement on Trade in Services of the WTO

The Regulation of Subsidies within the General Agreement on Trade in Services of the WTO Problems and Prospects

Author: Pietro Poretti
Publisher: Kluwer Law International
ISBN: 9789041131621
Published In: September 2009
Format: Hardback , 344 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book provides a comprehensive analysis of services subsidies under the General Agreement on Trade in Services. It starts with a description of services and trade in services and of the salient characteristics that make regulation of services subsidies more complex than in the case of agricultural and industrial goods subsidies. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade related policy measures. A description of the data on services subsidies available to date is followed by a classification of services subsidies according to their distortive effects and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework. A key section is devoted to the analysis of those existing provisions of the General Agreement on Trade in Services that may exert a certain measure of discipline on services subsidies and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements are also discussed.

Finally, and prior to the conclusions, two sectoral studies deal with the question of subsidies aimed to attract foreign direct investment

and subsidies to the audiovisual sector. The book represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the General Agreement on Trade in Services (GATS), and includes widespread references to the relevant European Union State Aid legislation and jurisprudence.

List of Abbreviations Preface Acknowledgements Introduction

Part I Foundations

Chapter 1 International Trade in Services and the Multilateral Trading System

Chapter 2 Completing the GATS Framework and the Case for Services Subsidies Disciplines

Chapter 3 Trade Distortion and Supranational Regulation of Services Subsidies

Chapter 4 Positive Externalities and Public Policy Objectives

Chapter 5 Analysis of the Currently (Un)Available Data on Services Subsidies

Part II Legal Analysis Chapter 6 Classifying Trade-Distorting Services Subsidies

Chapter 7 Defining Services Subsidies

Chapter 8 Existing GATS Subsidies Disciplines and Remedies

Chapter 9 Services Subsidies and Countervailing Measures

Chapter 10 Services Subsidies Disciplines in PTAs

Chapter 11 Services Subsidies and Development

Part III Sectoral Studies Chapter 12 Investment-Diverting Subsidies

Chapter 13 Subsidies to the Audiovisual Services Sector

Chapter 14 Conclusions Epilogue Annex Bibliography Tables of WTO and GATT Documents Tables of WTO and GATT Cases Table of Other Cases Index

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