This book presents a conceptual framework for analyzing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the conceptual understanding of the crucial, but still elusive, issue of the definition of subsidy. The first, important finding is that the topic is not only technical but raises more fundamental questions about the objectives of subsidy control in a given legal system and, more radically, about the goals of that system itself. The analysis does not only concentrate on the state of the law but critically looks forward offering suggestions for new interpretations and law reform.
The book focuses on the substantive provisions of the EC and WTO relating to what are identified by the author as the core properties of a notion of subsidy, ie a form of public action, the grant of an economic advantage and the ensuing impact on the competitive process.
The current regulation in EC and WTO law is analysed, compared and assessed in depth, and tested against a baseline represented by of a 'notion of subsidy inserted in a subsidy regulation pursuing certain objectives'. Drawing on the results of the comparative exercise, the book argues that both systems can learn valuable lessons from each other to achieve a greater coherence and more efficient regulatory system.
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Lecturer in Law, and Deputy-director of the Institute of European Law, University of Birmingham. Previously, he was lecturer at the University of Leicester (2005-2007) and legal secretary to Advocate General Francis Jacobs at the European Court of Justice in Luxembourg (2002-2003).
Policymakers, academics and the public in general, familiarised or not with this topic, will find this book of great value for its step-by-step analysis as well as for its policy suggestions * Dr Gustavo Luengo, Yearbook of European Law * In The Definition of Subsidy and State Aid, Luca Rubini does a masterful job at breaking his subject down and building it back up again, skillfully placing the constituent elements of subsidy and state aid in the legal, economic, and policy contexts in which they operate. While the legal perspective enjoys primacy, Rubini has produced a book offering valuable insight not only for lawyers, but for a broader, interdisciplinary audience seeking to understand the rules as they are, as well as how they could be...The Definition of Subsidy and State Aid offers valuable tools and a common language for policy-makers, lawyers, and economists alike to carry forward the debate on the current and potential scope of the subsidy and state aid rules. * Todd J. Friedbacher, Sidley Austin LLP, World Trade Review * This book forms a valuable new addition... and an important contribution to WTO and EC law scholarship. It is well-written, well-researched and offers much critical commentary... The usefulness of the book also stems from its clear lay-out * Tjarda Van Der Vijver, Netherlands Competition Authority, E.C.L.R. 32 (2) * Rubini's volume is truly welcome and timely...The text...is entirely readable, even to non-lawyers. Almost throughout the volume, Rubini confines himself to explication and interpretation of the definitions, rules and cases, rather than normative criticism. But he does this in the context of providing a conceptual framework not only for the legitimate purposes of subsidies and state aids, but also for the ultimate objectives of EU and WTO rules designed to limit public bounty and inteference with the market. * Gary Clyde Hufbauer, Journal of International Economic Law * ...the book adds to the existing literature on the topic a necessary critical analysis of the fundamental components in the notion of subsidy and State aid. Policymakers, academics and the public in general, familiarised or not with this topic, will find this book of great value for its step-by-step analysis as well as for its policy suggestions * Dr Gustavo E. Luengo De Madrid, European Commission, Brussels, Yearbook of European Law * Overall, this is a very useful and well-researched book and includes a great deal of useful reference to academic commentary. As an analysis of the difficult subject of the notion of subsidy/State aid, it is to be welcomed as a serious addition to the literature on this ever developing area. * Conor Quigley QC, European Law Review *
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