It's a Bird, It's a Plane: Some Remarks on the Airbus Appellate Body Report (EC and Certain Member States – Large Civil Aircraft, WT/DS316/AB/R)

Détails

ID Serval
serval:BIB_BF61755B0561
Type
Article: article d'un périodique ou d'un magazine.
Collection
Publications
Titre
It's a Bird, It's a Plane: Some Remarks on the Airbus Appellate Body Report (EC and Certain Member States – Large Civil Aircraft, WT/DS316/AB/R)
Périodique
World Trade Review
Auteur(s)
Hahn Michael, Mehta Kirtikumar
ISSN
1474-7456
1475-3138
Statut éditorial
Publié
Date de publication
2013
Peer-reviewed
Oui
Volume
12
Numéro
02
Pages
139-161
Langue
anglais
Résumé
The emergence of Airbus transformed the market structure of the LCA industry into a duopoly of similar-sized full-range manufacturers. The financing of Airbus's upfront investment expenditures came in a significant proportion from public funds, which violated, in the US's opinion the SCM Agreement. While the Appellate Body follows this view of things to a large extent, it does so in a measured way: the category of per se illegal export subsidies is interpreted with a view to the manipulation of normal market conditions; the distortion on competitive conditions matters, not the increase of exports as such. Other aspects of subsidies law clarified are the relationship between effect and subsidy. They are closely related but not identical; rightly, the report operates from the premise that the SCM Agreement's regime focuses on the effect, and not on the subsidy as such, which is a manifestation of a political choice by a sovereign Member state. The Appellate Body affirms that a subsidy has a ‘life’, a shorthand for a beginning and an end: it follows that the effect of a subsidy is not bound to be permanent but is bound to terminate. It is to be regretted that the Appellate Body avoided clarifying to what extent partial privatization, hence sale of assets at market prices to private investors, ‘extinguish’ subsidies.
Web of science
Open Access
Oui
Création de la notice
16/07/2018 15:45
Dernière modification de la notice
09/05/2019 0:39
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