Book contents
- Frontmatter
- Contents
- Foreword
- Volume 1
- Volume 2
- Agreement on Subsidies and Countervailing Measures
- Agreement on Safeguards
- General Agreement on Trade in Services
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Understanding on Rules and Procedures Governing the Settlement of Disputes
- Trade Policy Review Mechanism
- Agreement on Trade in Civil Aircraft
- Agreement on Government Procurement
- GATT Disputes
- WTO Disputes
- Index by Subject
- Index by Case
- References
Agreement on Subsidies and Countervailing Measures
from Volume 2
Published online by Cambridge University Press: 04 August 2017
- Frontmatter
- Contents
- Foreword
- Volume 1
- Volume 2
- Agreement on Subsidies and Countervailing Measures
- Agreement on Safeguards
- General Agreement on Trade in Services
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Understanding on Rules and Procedures Governing the Settlement of Disputes
- Trade Policy Review Mechanism
- Agreement on Trade in Civil Aircraft
- Agreement on Government Procurement
- GATT Disputes
- WTO Disputes
- Index by Subject
- Index by Case
- References
Summary
GENERAL
OBJECT AND PURPOSE OF THE SCM AGREEMENT
In Brazil – Aircraft, the Panel considered that the object and purpose of the SCM Agreement is to impose multilateral disciplines on subsidies that distort international trade:
“In our view, the object and purpose of the SCM Agreement is to impose multilateral disciplines on subsidies which distort international trade. It is for this reason that the SCM Agreement prohibits two categories of subsidies – subsidies contingent upon exportation and upon the use of domestic over imported goods – that are specifically designed to affect trade.”
In Canada – Aircraft, the Panel noted that the SCM Agreement “does not contain any express statement of its object and purpose”, and stated that “[w]e therefore consider it unwise to attach undue importance to arguments concerning the object and purpose of the SCM Agreement”. However, the Panel considered that the object and purpose of the SCM Agreement could appropriately be summarized “as the establishment of multilateral disciplines ‘on the premise that some forms of government intervention distort international trade, [or] have the potential to distort [international trade]’”.
- Type
- Chapter
- Information
- WTO Analytical IndexGuide to WTO Law and Practice, pp. 1015 - 1220Publisher: Cambridge University PressPrint publication year: 2012