The Law of Subsidies Under the GATT/WTO System [Hardcover]

Marc Benitah (Author)

Book Description

Publication Date: November 2001 | ISBN-10: 904119827X | ISBN-13: 978-9041198273 | Edition: 1

This work on the law of subsidies has been long-awaited by many actors in international trade. With its introduction of the concept of 'attenuation' of entitlement, Marc Benitah's utterly new analysis alters our understanding of the international economic law of subsidies - and its future invocation and jurisprudence - forever.

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.

Why techniques of attenuation are intimately linked to the birth of past and future legal disputes relating to subsidies

Why significant techniques of attenuation (e.g. taking into account the positive impact of a subsidy on consumers) have not arisen in the GATT/WTO context

Why much recent theoretical debate on the concept of 'distortion' has not led to a breakthrough in the law of subsidies

Why attenuations favouring developing countries are surprisingly legally vulnerable in practice

Why deliberate recourse to techniques of attenuation necessitates their continuing clarification through a case law process.

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.

Editorial Reviews

Review

` Professor Benitah's book deeply renews the analysis of the law of subsidies in the multilateral commercial system. ' Professor T. Flory, European Chair Jean Monnet, University of Paris XII ` This book invites us to a renewed analysis of the role of the "judge" in this painful period of globalization. ' Revue Internationale de Droit Economique (1999/I) ` One cannot deny the importance. . . of this book. ' Canadian Yearbook of International Law (1998) ` The innovative approach of this book offers to the reader a thorough analysis of the legal treatment of subsidies under the GATT/WTO system. ' Revue Générale de Droit International Public (1999/I) ` A stimulating analysis, very surprising sometimes, which should prove to be fruitful. ' J.-F. Abgrall, Ministry of International Affairs, Quebec ; Director-General of Commercial Policy during the Uruguay Round ` Any library collection specializing in trade matters should include this fresh account of the world of subsidies, and its global impact in the GATT/WTO context. This well-conceived, technical but readable, and quite authoritative analysis of the law of subsidies will be an important adjunct to any academic course or law practice which delves into the need for consistency of application regarding local subsidies for outgoing products. ' Newsletter UN21 Interest Group of the American Society of International Law, 25 (June 2002)

Product Details

• Hardcover: 336 pages
• Publisher: Springer; 1 edition (November 2001)
• Language: English
• ISBN-10: 904119827X
• ISBN-13: 978-9041198273
• Product Dimensions: 9.7 x 6.3 x 1.2 inches
• Shipping Weight: 2 pounds (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (3 customer reviews)
• Amazon Best Sellers Rank: #1,261,475 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

4.0 out of 5 stars Journal of World Trade review, November 21, 2002

By A Customer

This review is from: The Law of Subsidies Under the GATT/WTO System (Hardcover)

To my knowledge, Professor Benitah's book is the first of its kind to try to provide a comprehensive methodology with which not just to understand what the law is, but also why it is the way it is. The innovative theory of "attenuation of entitlements" runs throughout this book as a kind of explanatory tool which helps the reader to make sense of substantive as well as procedural rules applicable to the subject of subsidies. By this, the author has succeeded in making his book a resource no one interested in the field of international economic law-whether as a student, a practitioner or academic-can afford to work without.It does not just provide a consistent and powerful analytical tool to understand the subject of subsidies; it also makes the reader think and appreciate how competing domestic and global political-economic interests interact in shaping the evolution of subsidies regulation so far and into the future.

Journal of World Trade, June 2002 issue, Melaku Geboye Desta, CEPMLP, University of Dundee.

4.0 out of 5 stars new journal review, June 24, 2002

By A Customer

This review is from: The Law of Subsidies Under the GATT/WTO System (Hardcover)

Any library collection specializing in trade matters should include this fresh account of the world of subsidies, and its global impact in the GATT/WTO context. This well-conceived, technical but readable, and quite authoritative analysis of the law of subsidies will be an important adjunct to any academic course or law practice...

Newsletter UN21 Interest Group of the American Society of International Law, issue 25, June 2002.

4.0 out of 5 stars Reviews and testimonials, May 22, 2001

By 

marc benitah (Montreal, Canada) - See all my reviews

This review is from: The Law of Subsidies Under the GATT/WTO System (Hardcover)

"Professor Benitah's book deeply renews the analysis of the international economic law of subsidies in the multilateral commercial system" Thiebaut Flory, University Paris XII, European Chair Jean Monnet.

"..a fascinating analysis of international economic law and of the theory of law. .... this book invites us to a renewed analysis of the role of the `judge' in this painful period of globalization of the world economy " Laurence Boy, Professor, University of Nice-Sophia Antipolis, Revue Internationale de Droit Economique (1999/I)

" One cannot deny the importance.... of this book" Joel J Robichaud , Canadian Yearbook of International Law (1998)

" The innovative approach of this book offers to the reader a thorough analysis of the legal treatment of subsidies under the GATT/WTO system." P. Martin-Bidou, Revue Generale de Droit International Public, (Tome 103/1999/1)

"An in-depth analysis of a significant issue of International Economic Law" Armand de Mestral, McGill University, Canada.

" The approach of this book is innovative and throws an unexpected light on rules or decisions which one believed known. This setting in context is extremely interesting and, without inevitably agreeing with all interpretations of the author, the expert will discover in this book a stimulating vision, very surprising sometimes, which should prove to be very fruitful." J.-F. Abgrall, Ministry of International Affairs, Quebec; Director-General of Commercial Policy during the Uruguay Round

" Written clearly, this book is doubly original..." Revue du Marche Commun et de l'Union Europeenne (no 435, February 2000)