论“产能过剩”与反补贴协定冲突
发布时间：2018-11-12 20:56
【摘要】：产能过剩不单引起国内关注,也在世界范围内引起了广泛的关注。2017年1月13日,美国政府向WTO组织提请关于中国政府给予原材料铝生产企业提供补贴的磋商请求(DS519)。本案是美国就中国相关产业"产能过剩"在WTO提起的首次诉讼,指责我国各地方政府以产业政策为依据,使用各种补贴为政策杠杆不当干预相关产业,造成相关产业产能过剩,违反反补贴协定(SCM协定)。今后可以预测美国还会在煤炭、钢铁等属于中国严重的"产能过剩"的领域在WTO提起磋商请求。因此以过往案例为依据,条分缕析补贴的三要素,最后提出救济措施为正在磋商中的案件和以后将会发生的涉及"产能过剩"的案件追寻中国自身不足,寻求法律依据,避免今后在WTO诉讼中处于不利地位。
[Abstract]:Overcapacity has attracted worldwide attention as well as domestic attention. On January 13, 2017, the United States government requested the WTO to request a consultation request from the Chinese government for subsidies to raw material aluminum producers (DS519). This case is the first lawsuit filed by the United States in the WTO against the "overcapacity" of China's related industries. It accuses local governments in China of using various subsidies as policy leverage to improperly intervene in the relevant industries on the basis of industrial policies, resulting in overcapacity in related industries. Breach of countervailing agreement (SCM agreement). It could be expected that the United States would also file a request for talks at the WTO in areas such as coal, steel and other areas of serious "overcapacity" belonging to China. Therefore, on the basis of past cases, the article analyzes the three elements of subsidies, and finally puts forward relief measures for the cases under negotiation and the cases involving "overcapacity" that will occur in the future to pursue China's own deficiencies and seek legal basis. Avoid future disadvantage in WTO litigation.
【作者单位】： 中国人民大学法学院;
【分类号】：D996
，
本文编号：2328196
[Abstract]:Overcapacity has attracted worldwide attention as well as domestic attention. On January 13, 2017, the United States government requested the WTO to request a consultation request from the Chinese government for subsidies to raw material aluminum producers (DS519). This case is the first lawsuit filed by the United States in the WTO against the "overcapacity" of China's related industries. It accuses local governments in China of using various subsidies as policy leverage to improperly intervene in the relevant industries on the basis of industrial policies, resulting in overcapacity in related industries. Breach of countervailing agreement (SCM agreement). It could be expected that the United States would also file a request for talks at the WTO in areas such as coal, steel and other areas of serious "overcapacity" belonging to China. Therefore, on the basis of past cases, the article analyzes the three elements of subsidies, and finally puts forward relief measures for the cases under negotiation and the cases involving "overcapacity" that will occur in the future to pursue China's own deficiencies and seek legal basis. Avoid future disadvantage in WTO litigation.
【作者单位】： 中国人民大学法学院;
【分类号】：D996
，
本文编号：2328196
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