CEU Electronic Theses and Dissertations, 2023
| Author | Oleksandra Azizova |
|---|---|
| Title | The EU Foreign Subsidies Regulation and the WTO Agreements: Complementarity or Conflict? |
| Summary | The Foreign Subsidies Regulation (‘FSR’) soon to come into force by the EU consider corrective measures to offset the market distortion of foreign financial contributions that benefit European undertakings. According to the EU authorities, the Regulation is in full compliance with and complements the disciplines of, the WTO agreements touching on subsidies and countervailing duties. However, there are reasons to believe that the relationship between the Regulation and WTO law is more tense than it would first appear. This Thesis aims at assessing the consistency of the FSR with a number of WTO obligations, including those contained in the SCM Agreement and the GATS. First, I examine whether EU and WTO provisions cover different types of subsidies or, conversely, whether there exist overlaps between the two bodies of rules. On this basis, I then argue that, depending on one’s legal interpretation, the corrective measures contemplated under the FSR may be seen as partly contravening Article 32.1 of the SCM Agreement. Further, I take the view that, under certain circumstances, those corrective measures may be applied in a manner inconsistent with the EU’s national treatment obligations under Article XVII of the GATS. |
| Supervisor | Tommaso Soave |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/azizova_oleksandra.pdf |
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