TABLE OF CONTENTS
INTRODUCTION - World Trade: Evolution of a Legal Framework;
Working of Defensive Mechanisms under WTO: An Overview;
Anti-dumping Duty;
Countervailing Duty against Subsidies;
Safeguard Measures;
Defensive Measures and "Protectionism";
"Injury only" method;
Need for Review;
RESEARCH AND METHODOLOGY;
Review of Literature;
Research Objective;
NEGOTIATING HISTORY AND DEVELOPMENTS;
Period of GATT - Relevant Developments;
Tokyo Round - Towards Subsidies Code;
Formation of Issues;
Main Features of the Subsidies Code;
Preferential Treatment to Developing Countries;
Tokyo Round - Need for Legal Certainty;
MAKING OF THE NEW SUBSIDIES CODE;
Background to the Uruguay Round;
Prevailing Role of Developing Countries;
Conflicting Interests - Subsidies vs. Countervailing Rules;
Concerns and Issues;
Formation of a Framework - Traffic-Light Approach;
ESTABLISHING SUBSIDIZATION - TOWARDS CONCEPTUAL CLARITY;
Definition of Subsidy;
Indirect Subsidies and Input Subsidies;
Export Restraints;
Interpreting the Role of the Government;
Elements of Specificity;
Issues and Concerns;
Prohibited or "Red" Subsidies;
Adverse Effect - "Yellow" Subsidies;
Serious Prejudice;
'Dark Amber" Subsidies (not in effect since 2000);
Special Provision for Start-up Situations;
Non-actionable - "Green" Subsidies (not in effect since 2000);
Interplay of WTO Agreements on Subsidies;
Countervailing Duty and associated Measures;
DEFINITION AND DETERMINATION OF DOMESTIC INDUSTRY;
Criteria for excluding Producers importing product under investigation;
Fragmented and Unorganized Domestic Industries;
Relevant Rulings of the Dispute Settlement Body;
Relationship between 'Vomestic Industry" and Assessment of Adequate Support;
Perishable and Seasonal Agricultural Products – Unique Circumstances;
INITIATION AND INVESTIGATION - PROCEDURES AND PROCESSES;
Relevant Rulings of the Dispute Settlement Body;
Initiation of Investigation related Claims Notification of Initiation;
"Interested Parties" - Different Stakeholders;
CALCULATION OF THE SUBSIDY AMOUNT - BENEFIT ANALYSIS;
Relevant Rulings of the Dispute Settlement Body;
Privatization and benefits of prior subsidies;
Article 14 - benchmarks for comparison;
Indirect recipient of benefit - up ass-through" analysis;
Implementation-related Concerns;
Withdrawal of Subsidy - Benefit calculation;
Net Subsidy Concept;
EVIDENTIARY PROCESSES IN DETERMINATION OF MATERIAL INJURY AND CAUSALITY;
Relevant Rulings of the Dispute Settlement Body;
Causation related Claims;
'Positive Evidence" & "Objective Examination";
Volume of Imports;
Impact of Imports;
Causal Relationship;
India and Disputes of Trade Remedies at the WTO - An Analysis;
CONCLUSION.
Trading Remedies and Defending Defensive Mechanisms.
Bibliography and References.