The Definition of Subsidy and State Aid
WTO and EC Law in Comparative Perspective
(Sprache: Englisch)
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...
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Produktinformationen zu „The Definition of Subsidy and State Aid “
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 state intervention.
Klappentext zu „The Definition of Subsidy and State Aid “
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.
Inhaltsverzeichnis zu „The Definition of Subsidy and State Aid “
- I Introduction and Foundations
- Overview
- 1: Introduction
- 2: Foundations: The Purpose of Subsidy Control
- II Forms of Governmental Action
- Overview
- 3: Introduction: Governmental Intervention in the Economy and Subsidies
- 4: The Forms of Governmental Action Covered by WTO Subsidy Rules
- 5: The Forms of Governmental Action Covered by EC State Aid Rules
- 6: Forms of Governmental Action: Internal and External Perspectives
- III The Advantage Analysis
- Overview
- 7: The Advantage Analysis: An Introduction
- 8: Economic Activity and the Advantage Analysis
- 9: Non-economic Activity and the Advantage Analysis in the WTO
- 10: Non-economic Activity and the Advantage Analysis in the EC
- 11: Concluding Remarks: Objectives and the Advantage Analysis
- IV Beneficiaries
- Overview
- 12: The Identification of the Beneficiaries
- 13: The Idea and Analysis of Specificity
- V Distortion of Competition
- Overview
- 14: The Distortion of Competition
- Conclusions
Autoren-Porträt von Luca Rubini
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).Bibliographische Angaben
- Autor: Luca Rubini
- 2009, 496 Seiten, Maße: 16,4 x 24,3 cm, Gebunden, Englisch
- Verlag: Oxford University Press
- ISBN-10: 0199533393
- ISBN-13: 9780199533398
- Erscheinungsdatum: 07.01.2010
Sprache:
Englisch
Rezension zu „The Definition of Subsidy and State Aid “
Overall, this is a very useful and well-researched book and includes a great deal of useful reference to academic commentary. As an analysis of the difficult subject of the notion of subsidy/State aid, it is to be welcomed as a serious addition to the literature on this ever developing area. Conor Quigley QC, European Law Review ...the book adds to the existing literature on the topic a necessary critical analysis of the fundamental components in the notion of subsidy and State aid. Policymakers, academics and the public in general, familiarised or not with this topic, will find this book of great value for its step-by-step analysis as well as for its policy suggestions Dr Gustavo E. Luengo De Madrid, European Commission, Brussels, Yearbook of European Law Rubini's volume is truly welcome and timely...The text...is entirely readable, even to non-lawyers. Almost throughout the volume, Rubini confines himself to explication and interpretation of the definitions, rules and cases, rather than normative criticism. But he does this in the context of providing a conceptual framework not only for the legitimate purposes of subsidies and state aids, but also for the ultimate objectives of EU and WTO rules designed to limit public bounty and inteference with the market. Gary Clyde Hufbauer, Journal of International Economic Law This book forms a valuable new addition... and an important contribution to WTO and EC law scholarship. It is well-written, well-researched and offers much critical commentary... The usefulness of the book also stems from its clear lay-out Tjarda Van Der Vijver, Netherlands Competition Authority, E.C.L.R. 32 (2) In The Definition of Subsidy and State Aid, Luca Rubini does a masterful job at breaking his subject down and building it back up again, skillfully placing the constituent elements of subsidy and state aid in the legal, economic, and policy contexts in which they operate. While the legal perspective enjoys primacy, Rubini has produced a book
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offering valuable insight not only for lawyers, but for a broader, interdisciplinary audience seeking to understand the rules as they are, as well as how they could be...The Definition of Subsidy and State Aid offers valuable tools and a common language for policy-makers, lawyers, and economists alike to carry forward the debate on the current and potential scope of the subsidy and state aid rules. Todd J. Friedbacher, Sidley Austin LLP, World Trade Review Policymakers, academics and the public in general, familiarised or not with this topic, will find this book of great value for its step-by-step analysis as well as for its policy suggestions Dr Gustavo Luengo, Yearbook of European Law
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Pressezitat
Overall, this is a very useful and well-researched book and includes a great deal of useful reference to academic commentary. As an analysis of the difficult subject of the notion of subsidy/State aid, it is to be welcomed as a serious addition to the literature on this ever developing area. Conor Quigley QC, European Law Review
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