Overview

This book presents a conceptual framework for analysing 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 a more efficient regulatory system.

Full Product Details

Author:   Luca Rubini (Lecturer in Law, and Deputy-director of the Institute of European Law, University of Birmingham)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.50cm , Height: 3.30cm , Length: 24.20cm
Weight:   0.878kg
ISBN:  

9780199533398

ISBN 10:   0199533393
Pages:   496
Publication Date:   24 December 2009
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

I Introduction and Foundations Overview 1: Introduction 2: Foundations: The Purpose of Subsidy Control II Forms of Governmental Action Overview 3: Introduction: Governmental Intervention in the Economy and Subsidies 4: The Forms of Governmental Action Covered by WTO Subsidy Rules 5: The Forms of Governmental Action Covered by EC State Aid Rules 6: Forms of Governmental Action: Internal and External Perspectives III The Advantage Analysis Overview 7: The Advantage Analysis: An Introduction 8: Economic Activity and the Advantage Analysis 9: Non-economic Activity and the Advantage Analysis in the WTO 10: Non-economic Activity and the Advantage Analysis in the EC 11: Concluding Remarks: Objectives and the Advantage Analysis IV Beneficiaries Overview 12: The Identification of the Beneficiaries 13: The Idea and Analysis of Specificity V Distortion of Competition Overview 14: The Distortion of Competition Conclusions

Reviews

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 *

...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 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 This book forms a valuable new addition to the International Economic Law series by Oxford University Press, and an important contribution to WTO and EC law scholarship in general. It is well-written, well-researched and offers much critical commentary. It is a great E.C.L.R. 107 handbook for future reference. The usefulness of the book also stems from its clear layout Tjarda Van Der Vijver, Netherlands Competition Authority, E.C.L.R. 32 (2)

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 * ...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 * 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 * 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) * 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 * 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 *

...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 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 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) 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 Luca Rubini has provided us with an in-depth analysis of subsidies and state aid from a WTO and EC law perspective Tjarda van der Vijver, European Competition Law Review Rubini's book offers a fresh and comprehensive take on definitions that serve as gateways to WTO and EU disciplines on what are often considered the instruments of choice for pursuing government policy. 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 Tobb Friedbacher, Book Reviews

...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 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 This book forms a valuable new addition to the International Economic Law series by Oxford University Press, and an important contribution to WTO and EC law scholarship in general. It is well-written, well-researched and offers much critical commentary. It is a great E.C.L.R. 107 handbook for future reference. The usefulness of the book also stems from its clear layout Tjarda Van Der Vijve, Netherlands Competition Authority, E.C.L.R. 32 (2)

...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 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 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) 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 Luca Rubini has provided us with an in-depth analysis of subsidies and state aid from a WTO and EC law perspective Tjarda van der Vijver, European Competition Law Review Rubini's book offers a fresh and comprehensive take on definitions that serve as gateways to WTO and EU disciplines on what are often considered the instruments of choice for pursuing government policy. 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 Tobb Friedbacher, Book Reviews 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 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...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 Todd Friedbacher, World Trade Review Rubini's volume is truly welcome and timely...The text itself is entirely readable, even to non-lawyers. Gary Clyde Hufbauer, Journal of International Economic Law

Author Information

Luca Rubini is Lecturer in Law at the School of Law of the 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).

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