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A Study on Environmental Subsidies in International Trade

Author: ZhaoShiLiang
Tutor: OuFuYong
School: Hunan Normal University
Course: International Law
Keywords: Environmental subsidies International trade WTO System reform Policy recommendations
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 351
Quote: 1
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Abstract


Trade and the environment is a hot topic in the WTO, and environmental subsidies both are affected. Non-actionable subsidies environmental subsidies originally belonged to the SCM Agreement, but the five-year period of application of non-actionable subsidies provisions terminated in 1999, each member of the party did not continue to apply or cease to apply consensus, the legal effect of environmental subsidies rules along with a temporary freeze. However, on the one hand, in practice, countries are still in a lot of the implementation of environmental subsidies; On the other hand, the latest revised draft of the SCM Agreement be left intact the original Article 8 of the Agreement on the terms of the non-actionable subsidies. Therefore, future trade negotiations in the WTO, the relevant rules of environmental subsidies completely the possibility of reinstatement. Environmental subsidies on the one hand help to improve the domestic environment, optimize the allocation of resources, promote industrial upgrading and enhance domestic competitiveness of export products; On the other hand there are also misused, the risk of abuse, resulting in greater environmental damage and distort domestic market and international trade. WTO trade negotiations, the developed and developing countries on environmental subsidies reform confront each other, developing countries require increased subsidies beneficial to developing countries against the developed countries to protect the environment as an excuse to build a new \\Lower environmental standards in developing countries and developed countries that constitute subsidies, requiring environmental countervailing duties levied on exports from developing countries. With the increasing quality requirements of the people around the world of the living environment, manufacturers internalization of environmental costs is the future trend of development. This trend does not negate the value of environmental subsidies exist, the applicable conditions of more stringent requirements on the environment subsidies, more technical parameters will be added to the negative effect of environmental subsidies will be phased out. Whether the new draft amendments of the SCM Agreement, the European Union and the United States on the Reform of the system of environmental subsidies are fully reflected this. China environment subsidy system is far from perfect, is not well adapted to the needs of the development of the situation, therefore, the environmental subsidies reform and improvement of the legal system work without delay. Thesis consists of an introduction, five chapters, and the conclusion. The first is the introduction. The first chapter is a theoretical overview of environmental subsidies. The second chapter is the regulation of the WTO on environmental subsidies. Chapter is representative regional and national environmental subsidy policy (ie, the European Union and the United States). The fourth chapter is the reform of the legal system on environmental subsidies. The fifth chapter is the status quo of China's environmental subsidy policy and future in response to the policy. Finally, there is the epilogue.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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