Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.
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Part I. Introduction: Principle features of the ASCM and intervention logic; Negotiating history of the ASCM; Relationship with GATT 1994, other agreements and relevance of municipal law; Part II. Commentary: 1. General provisions; 2. Prohibited subsidies; 3. Actionable subsidies; 4. Non-actionable subsidies; 5. Countervailing measures; 6. Institutions; 7. Notification and surveillance; 8. Developing country members; 9. Transitional arrangements; 10. Dispute settlement; 11. Final provisions; Part III. Appendices.
Müller, Wolfgang
Wolfgang Müller works in the European Commission (Directorate General for Trade). He leads the policy unit of the Commission's trade remedy services and in this capacity represents the EU in the relevant WTO committees.