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Title
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Is the EU Foreign Subsidies Regulation compatible with WTO Law?
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Author
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Abstract
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| The FSR represents an effort to address a multilateral problem through an autonomous approach, adapting EU State aid law, i.e. the law applied to subsidies granted by EU Member States, to foreign subsidies. The tool presents several elements of novelty and is part of a broader effort by the EU to strengthen its autonomous toolbox and restore the level playing field in the global trade system. The EU strategy includes now different policy instruments, sometimes in apparent contradiction with each other. In the case of subsidies, in recent years the EU has been opposing foreign subsidies while authorizing more State aid at the domestic level. A strategy that is polarizing the debate in the Union. There are also other questions to be answered: is the FSR effective in filling the regulatory gap at the international level? Is it compatible with international law? In a recently published article, Professor Csongor Nagy reached the conclusion that the FSR is indeed compatible with the WTO and offers a model for potential multilateral use. After identifying the regulatory gap that EU legislators wanted to address, Nagy’s paper gives a comprehensive overview of the status and treatment of foreign subsidies in WTO law and State aid law in EU law. For this blog post, the considerations on WTO compatibility will be summarized. |
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Language
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English
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Source (journal)
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CELIS Institute Blog
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Publication
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2024
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Volume/pages
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(2024.01.29)
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Medium
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E-only publicatie
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