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The Definition of Subsidy and State Aid - WTO and EC Law in Comparative Perspective (Hardcover, New)
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The Definition of Subsidy and State Aid - WTO and EC Law in Comparative Perspective (Hardcover, New)
Series: International Economic Law Series
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Total price: R4,187
Discovery Miles: 41 870
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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.
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