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Articles 1 - 9 of 9

Full-Text Articles in Law

Subsidies And Countervailing Duties In The Gatt, John W. Evans Feb 2015

Subsidies And Countervailing Duties In The Gatt, John W. Evans

John Evans

No abstract provided.


“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana Dec 2014

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving a …


Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii Dec 2014

Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii

John J. Barceló III

The author recommends a new scheme for regulating the use of government subsidies and countervailing duties in international trade, an area presently regulated by the General Agreement on Tariffs and Trade. He contends that these rules should be based to a large extent on principles of free trade and economic efficiency. In addition to setting out proposed regulations, the author analyzes the strength and weaknesses of free trade theory and of the present GATT rules regarding subsidies and countervailing duties.


The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz Dec 2014

The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

Stephen Joseph Powell

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …


Pacific Islands Tuna Fisheries: The Fisheries Subsidies Debate, Ben Tsamenyi, Vina Ram Biesi Mar 2013

Pacific Islands Tuna Fisheries: The Fisheries Subsidies Debate, Ben Tsamenyi, Vina Ram Biesi

Professor Ben M Tsamenyi

No abstract provided.


Fisheries Subsidies, The Wto And The Pacific Island Tuna Fisheries, Roman Grynberg, Ben M. Tsamenyi Mar 2013

Fisheries Subsidies, The Wto And The Pacific Island Tuna Fisheries, Roman Grynberg, Ben M. Tsamenyi

Professor Ben M Tsamenyi

Focuses on fisheries trade, regulated under the "Agreement on Subsidies and Countervailing Measures" outside the World Trade Organization agreement. Suggests much stricter discipline is needed for the sector, led by the environmental interest, the USA and New Zealand. Relates fish stock depletion to subsides, which are not quantifiable, in order to create a free market and efficient producers. Points out that technology and high incomes created the fish stock depletion, so subsidies are irrelevant; while all World Trade Organization members subsidize fisheries, none can be found to attack it. Proposes new World Trade Organization disciplines for licensing, training and compensating …


Government Choices In Innovation Funding (With Reference To Climate Change), Joshua D. Sarnoff Dec 2012

Government Choices In Innovation Funding (With Reference To Climate Change), Joshua D. Sarnoff

Joshua D Sarnoff

Huge amounts of money will soon be spent by governments and private entities to develop technology to reduce the costs of climate change mitigation and adaptation, and to deploy new energy and transportation infrastructures. Incredibly, we still lack any good idea of the best means of providing massive amounts of government or private money so as to promote the most innovation and technology diffusion at the lowest cost. This Article seeks to support better analyses of, and decision making regarding, the choices of government innovation-funding mechanisms by discussing the limits of current analyses and providing a taxonomy of such measures. …


The Cotton And Sugar Subsidies Decisions: Wto’S Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz Jul 2005

The Cotton And Sugar Subsidies Decisions: Wto’S Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

Stephen Joseph Powell

Acting on a complaint by Brazil, a WTO dispute settlement panel ruled September 8, 2004, that a variety of support programs for upland cotton exceeded reduction commitments made by the United States when it signed the 1995 WTO Agriculture Agreement and were thus not immune from challenge under the WTO Subsidies Agreement, with which the Panel then found these programs inconsistent.

The Panel's conclusions, if upheld by the WTO's Appellate Body, will have significant impact on agricultural policies for specialty and program crops of the United States, Europe, and Japan. This paper analyzes the decision, notable as the first to …


Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study Of The Los Angeles Staples Center, Matthew J. Parlow Dec 2001

Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study Of The Los Angeles Staples Center, Matthew J. Parlow

Matthew Parlow

The last twenty years have seen an unprecedented growth in the number of new sports facilities for professional sports teams. This incidence has been matched by an equally extraordinary trend of state and local governments providing public financing to help build such facilities. This article analyzes this burgeoning area of urban economic redevelopment and attempts to answer the controversial question of whether the public financing of new sports facilities is economically justifiable. The article dissects the real estate and financial deals between state and local governments and the professional sports teams and developers, and critiques the alleged benefits that advocates …