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

Author

Listed:
  • Rubini, Luca

    (Lecturer in Law, and Deputy-director of the Institute of European Law, University of Birmingham)

Abstract
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.

Suggested Citation

  • Rubini, Luca, 2009. "The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective," OUP Catalogue, Oxford University Press, number 9780199533398.
    • Handle: RePEc:oxp:obooks:9780199533398
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    Cited by:

    1. Hussein Kassim & Bruce Lyons, 2013. "The New Political Economy of EU State Aid Policy," Journal of Industry, Competition and Trade, Springer, vol. 13(1), pages 1-21, March.
    2. Bernard M. Hoekman & Petros C. Mavroidis, 2013. "Bite the Bullet: Trade Retaliation, EU Jurisprudence and the Law and Economics of 'Taking One for the Team'," RSCAS Working Papers 2013/32, European University Institute.
    3. Henok Birhanu Asmelash, 2016. "Falling oil prices and sustainable energy transition: Towards a multilateral agreement on fossil-fuel subsidies," WIDER Working Paper Series wp-2016-13, World Institute for Development Economic Research (UNU-WIDER).
    4. Henok Asmelash, 2016. "Falling oil prices and sustainable energy transition: Towards a multilateral agreement on fossil-fuel subsidies," WIDER Working Paper Series 013, World Institute for Development Economic Research (UNU-WIDER).
    5. Michael Blauberger & Rike Krämer, 2013. "European Competition vs. Global Competitiveness Transferring EU Rules on State Aid and Public Procurement Beyond Europe," Journal of Industry, Competition and Trade, Springer, vol. 13(1), pages 171-186, March.
    6. Katharine Heyl & Felix Ekardt & Lennard Sund & Paula Roos, 2022. "Potentials and Limitations of Subsidies in Sustainability Governance: The Example of Agriculture," Sustainability, MDPI, vol. 14(23), pages 1-26, November.

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