This book provides a comprehensive analysis of services subsidies under the
General Agreement on Trade in Services. It starts with a description of
services and trade in services and of the salient characteristics that make
regulation of services subsidies more complex than in the case of agricultural
and industrial goods subsidies. It then analyzes the economic arguments
underpinning the need for regulation, as well as the need for governments to
retain sufficient latitude to implement non-trade related policy measures. A
description of the data on services subsidies available to date is followed by
a classification of services subsidies according to their distortive effects
and by a detailed analysis of those elements that may form a definition of
services subsidies for the purpose of a future regulatory framework. A key
section is devoted to the analysis of those existing provisions of the General
Agreement on Trade in Services that may exert a certain measure of discipline
on services subsidies and to the question of the desirability and technical
feasibility of countervailing measures. Rules on services subsidies contained
in regional trade agreements are also discussed.
Finally, and prior to the conclusions, two sectoral studies deal with the
question of subsidies aimed to attract foreign direct investment and
subsidies to the audiovisual sector. The book represents the first extensive
and comprehensive analysis of the issue of services subsidies in the context
of the General Agreement on Trade in Services (GATS), and includes widespread
references to the relevant European Union State Aid legislation and
jurisprudence.
List of Abbreviations
Preface
Acknowledgements
Introduction
Part I Foundations
Chapter 1 International Trade in Services and the Multilateral Trading
System
Chapter 2 Completing the GATS Framework and the Case for Services
Subsidies Disciplines
Chapter 3 Trade Distortion and Supranational Regulation of Services
Subsidies
Chapter 4 Positive Externalities and Public Policy Objectives
Chapter 5 Analysis of the Currently (Un)Available Data on Services
Subsidies
Part II Legal Analysis
Chapter 6 Classifying Trade-Distorting Services Subsidies
Chapter 7 Defining Services Subsidies
Chapter 8 Existing GATS Subsidies Disciplines and Remedies
Chapter 9 Services Subsidies and Countervailing Measures
Chapter 10 Services Subsidies Disciplines in PTAs
Chapter 11 Services Subsidies and Development
Part III Sectoral Studies
Chapter 12 Investment-Diverting Subsidies
Chapter 13 Subsidies to the Audiovisual Services Sector
Chapter 14 Conclusions
Epilogue
Annex
Bibliography
Tables of WTO and GATT Documents
Tables of WTO and GATT Cases
Table of Other Cases
Index