Abstract

http://ssrn.com/abstract=2372446
 


 



Interpreting the 'Removal' Obligation in Article 7.8 of the WTO SCM Agreement


Abhimanyu George Jain


Delhi High Court; Georgetown University; National Law School of India University

January 21, 2013

Manchester Journal of International Economic Law, Vol. 10, No. 3, 2013

Abstract:     
The meaning of the phrase ‘remove the adverse effects’ as used in Art. 7.8 of the WTO Subsidies and Countervailing Measures Agreement (SCM Agreement) is unclear; it has been explored neither in the jurisprudence of the DSM, nor in academic literature. There are three fundamental principles underlying the interpretation of the SCM agreement – avoidance of economic analyses, proscription of retrospective remedies and interpretation of ‘withdrawal’ in Art. 4.7 as prospective cessation. Based on these fundamental interpretive principles, there are several possible meanings of the removal obligation, including equivalent subsidisation, price controls and quantitative restrictions. In the absence of decisive reasons to prefer one over the other, the removal obligation should be construed as a result rather than process obligation. This analytical inquiry demonstrates the problems engendered and perpetuated by the avoidance of economic analyses in interpretation of the SCM Agreement.

Number of Pages in PDF File: 25

Keywords: WTO, SCM Agreement, Subsidies, Adverse Effects, Remedies

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Date posted: December 29, 2013  

Suggested Citation

George Jain, Abhimanyu, Interpreting the 'Removal' Obligation in Article 7.8 of the WTO SCM Agreement (January 21, 2013). Manchester Journal of International Economic Law, Vol. 10, No. 3, 2013. Available at SSRN: http://ssrn.com/abstract=2372446

Contact Information

Abhimanyu George Jain (Contact Author)
Delhi High Court ( email )
Sher Shah Road
Tilak Marg
New Delhi, 110003
India
Georgetown University ( email )
Washington, DC 20001
United States
National Law School of India University ( email )
Bangalore
India
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