The Law of Subsidies under the GATT/WTO System
The issue of subsidies is arguably the predominant theme, at this moment, in international economic law, and a consistent approach to the legal treatment of subsidies is urgently needed. In Professor Benitah's view, the answer lies in the recognition that entitlements granted to a party seeking to defend itself against the `adverse effects' of subsidies must be `attenuated' in order to avoid undesirable economic and social consequences.
In the various techniques of attenuation - thoroughly described and analyzed in this book - may be found the unifying thread on which a logical, coherent law of subsidies may be strung.
By referring to the legal materials of both the GATT 1947 and the WTO systems at each point in his demonstration, Professor Benitah lays a substantial groundwork for determining innovative WTO norms.
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Part I: Legal Techniques for Attenuating Entitlements Granted to the Party Allegedly Affected by a Subsidy
A. Explicit Techniques of Attenuation
B. Implicit Techniques of Attenuation
C. The Relative Weakness of Attenuations in the Countervailing Duty Field
Part II: Techniques of Attenuation as a Seed for the Birth of Legal Disputes
A. Legal Disputes Arising from the Ambiguous Link Between Two Texts
B. Disputes Arising from Poorly Defined Concepts
C. The Failure of Extremist Techniques of Interpretation
C(a). The failure of Country B's sophisticated economic interpretations
C(b). The Failure of Attempts to Intensify Country B's Attenuations through an Extremist Technique of Interpretation
D. Vulnerability of Attenuations Favoring Developing Countries
E. The Problematic Coherent Application of Attenuations Derived from the Concept of `Distortion'
F. Causality Between Subsidy and Injury for the Purpose of Countervailing Duties: A Legally Indeterminate Attenuation
Part III: Obstacles in the Way of Clarifying Attenuated Norms Through the Case Law Process