The Problem of Subsidies as a Means of Protectionism: Lessons from the WTO EC — Aircraft Case

Lester, Simon

doi:10.2139/ssrn.1966786

Cited by 9 publications

(6 citation statements)

References 8 publications

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“…For the framers of the GATT, part of the challenge of subsidies was demarcation between advantages brought about naturally and those that were ‘artificial and unnatural’. Simon Lester (2011) argues that the goal of this distinction was to target subsidies that aimed to protect domestic industries against foreign competition. Determining the aims of a subsidy policy, however, requires making an inference to the motives of states.…”

Section: Demarcation and Political Economymentioning

confidence: 99%

WTO Subsidy Disciplines

Gulotty

2022

World Trade Review

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Decades of negotiation to extend the GATT/WTO system to address subsidies have never produced the sort of uniform, scheduled rules that apply to tariffs or even services. Instead, WTO members have developed rules to demarcate permissible and impermissible subsidies. In this paper, I argue that the WTO approach is now hampered by shifts in the share of global trade away from geopolitically aligned, wealthy states and the growth of global supply chains. These pressures were magnified by the accession of China, with its centrality to global trade and recurrent geopolitical tensions with the United States. The challenges in facing cooperation over subsidies suggest limits to the ability for a ‘rules based’ approach to handle substantial changes in the global trading system.

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Section: Demarcation and Political Economymentioning

confidence: 99%

WTO Subsidy Disciplines

Gulotty

2022

World Trade Review

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“…Analysis of Cases Related to Subsidies and Countervailing Measures in the Gatt 1994 Provisions, The Scm Agreement and Other Legal Provisions Related to dispute settlement of subsidies and countervailing measures where cases raised are related to subsidies such as in EC-Aircraft Cases between the European Union as applicant /Apelles with the United States as the other applicant /Apelles dealing with several countries in the European Union that provide subsidies for Airbus manufacturing. (Lester, 2010) The case the governments of some countries in the European Union gave indirect protectionism reasons to the aviation policy at the economic conference held by the League of Nations in the 1920-1930s and could be seen as targets for protective measures. This case has reached the WTO panel and appellate body phase.…”

Section: Types Of Subsidies That Can Be Submitted To the Dispute Settlement Body (Dsb)mentioning

confidence: 99%

Subsidies and Countervailing Measures: Challenges in International Trade Law

Supriyo

Prakasa

2021

JKH

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In the global era with all demands and expectations for a better economic condition in a country that an international trade is needed. Fair competition can be carried out in competition between business actors and commodity (goods or services) in overseas with business actors and commodity (goods or services) in country. One form of creating justice in international trade competition is by providing subsidies. The issue of subsidies created the problems and disputes. The problem formulations of this research were: (1) how are the effects of subsidies and countervailing in international trade regulations? (2) how is the case analysis related to subsidies and countervailing measures according to the provisions of the GATT 1994, The SCM Agreement and other legal provisions? The results showed that (1) the effect of subsidies and countervailing measures based on their types (red light, yellow light, green light) in international trade regulations had provided clear provisions as well as the impact and limitations in implementing these provisions in accordance with the provisions. GATT 1994 and The SCM Agreement. (2) The several cases described regarding subsidies that were not allowed because they created injustice that the subsidies were only carried out in an emergency situation and their nature rescued them from an economic crisis.

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“…48 Lester, too, finds evidence of such awareness during the interwar League of Nations economic conferences. 49 While such concerns have led some to call for the abandonment altogether of the attempt to craft general rules for subsidies, in this article I want to go in a different direction. How is it that, despite all its fundamental conceptual difficulties, 'the market' is able to act as a operative benchmark in the day by day, case by case, practice of global subsidies regulation?…”

Section: Global Subsidies Regulation and Benchmark Problemmentioning

confidence: 99%

Governing 'As If': Global Subsidies Regulation and the Benchmark Problem

Lang¹

2014

Current Legal Problems

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As a result of the extraordinary work of Foucault, Shapin and Schaffer, Porter, and many others, we are familiar with many of the practices of governance which emerged during the 19 th century at the intersection of the modern social sciences and the modern state, as 'naturalised' knowledge of an objectified social body formed the foundation of specific kinds of social and political order. But over the course of the 20 th century, critiques of objectivity have become commonplace, and a post-positivist epistemological revolution has taken root in many quarters. How, then, have practices of governance-through-knowledge modified themselves in response to a century of such critiques? This paper takes inspiration from the work of Jasanoff, Riles, Latour and others, to identify a mode of 'governing as if': a pragmatic mode of governance which works not through the production of objective knowledge as the shared epistemic foundation for political settlements, but rather by generating knowledge claims that stabilise social orderings precisely through their self-conscious partiality, contingency and context-dependence. This argument is developed using the illustration of global subsidies regulation in World Trade Organization law, focussing in particular on the knowledge practices by which particular conceptions of 'the market' are produced and deployed in the course of its operation. The paper argues that the standard criticisms of naturalised economic conceptions of the 'free market', developed in various scholarly traditions throughout the 20 th century, do not provide an adequate account of economic governance working in 'as if' mode, either positively or normatively. It further argues, following Riles, that such regimes of governance derive their effectiveness fundamentally from their 'hollow core', and that it is in the constant and active work of 'hollowing out' that we are likely to find their characteristic modalities of power and underlying structural dynamics.

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The Problem of Subsidies as a Means of Protectionism: Lessons from the WTO EC — Aircraft Case

Cited by 9 publications

References 8 publications

WTO Subsidy Disciplines

WTO Subsidy Disciplines

Subsidies and Countervailing Measures: Challenges in International Trade Law

Governing 'As If': Global Subsidies Regulation and the Benchmark Problem

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