Use of subsidies and countervailing measures for commercial defense: Brazilian law analysis and WTO agreement aplication / Emprego dos subsídios e medidas compensatórias na defesa comercial: análise do regime jurídico brasileiro e aplicação dos acordos da OMC

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This thesis defines classifies and explores the applicable laws to subsidies and countervailing measures which are regulated by international rules of commercial defense issued by the World Trade Organization It introduces the historical evolution of the laws related to the multilateral trade by the international community and emphasizes the importance to maintain the mechanisms of commercial defense separated from those derived from the competition law Furthermore it presents out new themes related to subsidies raised in the Doha Agenda in addition to pointing out the Brazilian line of thought concerning other WTO-members propositions By classifying subsidies it discriminates financial subsidies between credit and tributary showing how the State acts as a regulator of the economical order It emphasizes the existence of a specific law system applicable to countervailing and antidumping measures in opposition to the one applicable to safeguards and it is compared with the Brazilian federal law It points out the vital importance of the maintenance of the judicial safety of the national court decisions about the application and interpretation of the WTO-derived Agreements specifically the Subsidies and Countervailing Measures Agreement Finally it shows the mechanisms available for application of the commercial defense measure by the States and international trade subjects

ASSUNTO(S)

natureza jurídica organizacao mundial do comercio countervailing measures judicial source secex direito internacional privado -- direito comercial classification gatt wto defesa comercial gatt medidas compensatórias subsidies subsídios commercial defense secex relacoes i?internacionais, bilaterais e multilaterais acordo geral de tarifas e comercio (organizacao) jurisprudence omc

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