ABSTRACT ‘‘Subsidization’’ by member governments occurs in the U.S. federal system, the WTO, and the European Union. These three legal systems have responded very differently to the issues raised by subsidies, from the largely laissez-faire approach of the United States to the elaborate ‘‘state aid’’ rules of the EU to the intricate but weakly enforced rules of the WTO. Thi…
ABSTRACT Suppose that a government party to some treaty regime enacts a measure that authorizes an official to act contrary to the treaty. Suppose further, however, that no action in violation of the treaty has yet occurred. Should beneficiaries of the treaty obligation be allowed to invoke its dispute resolution process to challenge the measure in advance of such a violation? Or should th…
The ‘non-violation nullification or impairment’ doctrine is among the more unique and perplexing features of WTO law. We examine the scope and application of the non-violation doctrine in the GATT/WTO. Observed cases raising non-violation claims are relatively uncommon, the non-violation claims that are observed are usually not adjudicated, and those that are adjudicated are unsuccessfu…