The Life and Death of a Non-Recurring Subsidy: the Role of Change in Ownership of Subsidy Recipient
This article is yet another attempt to tackle the issue of subsidy extinguishment, the enduring conundrum of WTO law. Early dispute settlement reports that addressed the matter concluded that privatization of a subsidy recipient at arm’s length and for fair market value terminates a benefit conferred by a subsidy, but were vague on why and how this specifically happens. Academic commentators criticized this outcome as economically irrational, since privatization does not result in a withdrawal of subsidized assets from the subsidy recipient and thus does not, per se, remedy the market distortion created by the subsidy in the first place. This article argues that privatization – or, in fact, any sale of a subsidy recipient – may extinguish a government subsidy if the buyer converts it into a private investment by paying for the subsidized asset the full amount of the government’s financial contribution less depreciation. However, effecting the transaction at arm’s length and for fair market value is not a sufficient condition for this to happen.
The panel in EU – Footwear recently opined that anti-dumping measures fall within the scope of the MFN obligation thus resuscitating the debate around the relationship between GATT Articles I:1 and VI. The panel’s conclusions may potentially encourage more extensive invocation of GATT Article I:1 by complainants challenging anti-dumping measures in the World Trade Organization (WTO) dispute settlement system and have been used by one author to suggest ways to curtail anti-dumping activity ofWTO Member States.This article seeks to disentangle the confusion that has arisen around this topic. It seeks to show that WTO anti-dumping norms cannot fall within the purview of the MFN obligation, while the Appellate Body, which appears to be of the same view, would have overruled the panels’ reasoning if it had been to consider it on its merits.
This publication, prepared by an international team of authors, is a study of economic integration processes in the Eurasian region and is one of the first works containing a multilateral analysis of the norms of regional trade agreements concluded with the participation of states of the Eurasian region (in particular, the Eurasian Economic Union), in the context of membership States in the World Trade Organization and international trade relations with third countries. The study covers issues of interaction between the norms of international economic and national law of the states of the region, practical issues of the Eurasian Economic Commission, such as anti-dumping investigations or issues of sanitary and phytosanitary regulation. The subject of the study was the relationship between the norms of international trade and environmental law, as well as the regulation of energy trade with the participation of states of the Eurasian region. This publication is intended for researchers, graduate students and students studying international trade law and international economic relations, practicing lawyers working in the field of foreign trade, and all interested in international economic law.
On 1 January 2017, France started a two-year trial of a mandatory country of origin labelling (hereinafter, COOL) scheme, which requires producers of milk, food containing milk products and food containing meat to provide information on the country of origin of the products. The scheme was introduced through Decree No 2016-1137 (i.e. Décret n° 2016-1137 du 19 août 2016 relatif à l’indication de l’origine du lait et du lait et des viandes utilisés en tant qu’ingrédient,1 hereinafter, the Decree). Before the end of this trial period, France has promised to provide a report to the European Commission (hereinafter, Commission) that would allow it to review consumer patterns and the potential impact on the internal market. In view of the report, the Commission may consider implementing such a scheme in all EU Member States. This article also notes that other EU Member States are introducing their own COOL measures and concludes that, when COOL is being made mandatory, the EU’s international trade obligations must be taken into account by the EU and its Member States.
The paper evaluated the positive and negative effects of the transition of the Russian system of higher education in the Bologna process. The author analyzes the impact of the commitments of the Russian Federation in accordance with the Agreement of the GATS of WTO accession on the domestic market of educational services.
The article also offered the author's definition WTO law. The author justifies the introduction of discipline "rules of the World Trade Organization" in the direction of (specialty) "Jurisprudence" (qualification "Bachelor") and "Customs" (qualification "Specialist") the need to improve the quality of educational services provided to enhance the competitiveness of Russian education in the international market and competitiveness of Russian graduates in the international labor market in the light of Russia's WTO accession.
In conclusion, the author of the article makes general conclusions regarding the Bologna Process, readiness of the Russian educational system to enter the international market of educational services and the need to introduce the discipline "of WTO rules" in areas of training "Jurisprudence" and "Customs".
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/