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

Hardcover | January 3, 2010

byLuca Rubini

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This book presents a conceptual analysis of the definitions of State Aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate stateintervention.The book focuses on the substantive provisions relating to core properties of a notion of subsidy, ie the public intervention and the conferral of an economic and selective advantage. In addition to preventative measures, it analyses the regulation of subsidy's negative and positive effects(distortions of international competition and trade, and remedial of insufficiencies in the market).The current regulation in EC and WTO law is analysed, compared and assessed in depth, and tested against a proposed benchmark of optimal regulation of subsidies in each legal system and, more generally, at the international level. Drawing on the comparative analysis, the book argues that bothsystems can learn valuable lessons from each other to achieve a greater coherence and more efficient regulatory system.

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This book presents a conceptual analysis of the definitions of State Aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate stateintervention.The book focuses on the substantive ...

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).
Format:HardcoverDimensions:350 pages, 9.21 × 6.14 × 0.1 inPublished:January 3, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199533393

ISBN - 13:9780199533398

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Table of Contents

1. Scope and Methodology of the ResearchScope of the ResearchMethodology of the ResearchExposition of Chapters, Selection of Issues2. The Public InterventionIntroduction: the Public Intervention in the EconomyForms of Governmental Action Covered by Subsidy and State Aid rulesBringing WTO and EC Law Together: Critical and Comparative Analysis3. The Advantage AnalysisIntroduction: the Advantage AnalysisEconomic Activity and Market BenchmarksNon-Economic Activity and Normative BenchmarksCase Study on the Financing of Public Services: Quasi-Market Transaction or Disadvantage Compensation?4. The BeneficiariesThe Identification of BeneficiariesThe Idea and Analysis of Specificity5. The Effects of Public Subsidies, their Control and RemediesThe Economics and Politics of Subsidies and State AidsThe Current Legal Framework: Brief Review and CritiqueConclusive Recommendations6. Conclusion