ON UNFAIR STATE ACTS IN INTERNATIONAL TRADE IN ACCORDANCE TO THE WTO LAW: THE AMBIVALENCE OF ITS DISCIPLINE AND ITS JUSTIFICATIONS

The competition for world market shares involves not only companies, but also States. In fact, public policies are adopted in order to aid domestic enterprises to increase their share in the world market. For this reason, it is often questioned whether some State acts can be considered unfair acts,...

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Detalles Bibliográficos
Autor: Borges, Daniel Damasio [UNESP]
Tipo de recurso: artículo
Estado:Versión publicada
Fecha de publicación:2017
País:Brasil
Institución:Universidade Estadual Paulista (UNESP)
Repositorio:Repositório Institucional da UNESP
Idioma:portugués
OAI Identifier:oai:repositorio.unesp.br:11449/165907
Acceso en línea:http://dx.doi.org/10.1590/2317-6172201717
http://hdl.handle.net/11449/165907
Access Level:acceso abierto
Palabra clave:World trade
unfair trade practices
WTO law
dumping
subsidies
Descripción
Sumario:The competition for world market shares involves not only companies, but also States. In fact, public policies are adopted in order to aid domestic enterprises to increase their share in the world market. For this reason, it is often questioned whether some State acts can be considered unfair acts, since they prevent a competition on a level playing field. The WTO law responds this question affirmatively, because it allows its members to react against dumping and subsidies. This authorization aims to protect domestic companies from unfair competition. However, this authorization does not mean that antidumping and countervailing measures are always good trade policies and free from economic costs. Therefore, the use of these trade policies instruments should be submitted to additional debate.