New national foreign trade legislation on subsidies and international standards

Currently, the subsidies are one of the main sources of restrictions in international trade, and a disturbance factor of liberalization process in that field, which is particularly emphasized in the times of economic crises. Due to its economic impact, such behavior causes unavoidably the implementa...

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Main Author: Divljak Drago
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2012-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791204157D.pdf
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author Divljak Drago
author_facet Divljak Drago
author_sort Divljak Drago
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description Currently, the subsidies are one of the main sources of restrictions in international trade, and a disturbance factor of liberalization process in that field, which is particularly emphasized in the times of economic crises. Due to its economic impact, such behavior causes unavoidably the implementation of countervailing measures. However, as its extensive use has the potential to turn them into the instrument of protectionism, it is necessary to deploy the appropriate legal rules in order to determine precisely the conditions and regime for the use of such subsidies, as well as the implementation of countervailing measures in the case of violation of that regime. The processes of liberalization of our foreign trade system and constant foreign trade deficit make the need for protection of our own economy and creating of appropriate set of defense instruments against non-permitted/illegal subsidies in our law more and more relevant. The reply to that need in new economic circumstances was the enactment of a new Law on Foreign Trade Operations in 2009 and, in particular the enactment of the accompanying bylaws. Its rules in the field of subsidies have been largely harmonized with the requirements of the World Trade Organizations, and consequently with the European Union standards, in both the conceptual aspect and aspect of individual solutions. However, there is still a chronic issue of the lack of institutional and appropriate human resources assumptions for its full and optimum implementation.
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spelling doaj.art-deea53e1568f4bc797f9411a31617cb22022-12-21T18:43:15ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552012-01-0146415717210.5937/zrpfns46-30010550-21791204157DNew national foreign trade legislation on subsidies and international standardsDivljak Drago0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaCurrently, the subsidies are one of the main sources of restrictions in international trade, and a disturbance factor of liberalization process in that field, which is particularly emphasized in the times of economic crises. Due to its economic impact, such behavior causes unavoidably the implementation of countervailing measures. However, as its extensive use has the potential to turn them into the instrument of protectionism, it is necessary to deploy the appropriate legal rules in order to determine precisely the conditions and regime for the use of such subsidies, as well as the implementation of countervailing measures in the case of violation of that regime. The processes of liberalization of our foreign trade system and constant foreign trade deficit make the need for protection of our own economy and creating of appropriate set of defense instruments against non-permitted/illegal subsidies in our law more and more relevant. The reply to that need in new economic circumstances was the enactment of a new Law on Foreign Trade Operations in 2009 and, in particular the enactment of the accompanying bylaws. Its rules in the field of subsidies have been largely harmonized with the requirements of the World Trade Organizations, and consequently with the European Union standards, in both the conceptual aspect and aspect of individual solutions. However, there is still a chronic issue of the lack of institutional and appropriate human resources assumptions for its full and optimum implementation.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791204157D.pdfsubsidynational lawcountervailing measuresrulesWTOEUexport subsidy
spellingShingle Divljak Drago
New national foreign trade legislation on subsidies and international standards
Zbornik Radova: Pravni Fakultet u Novom Sadu
subsidy
national law
countervailing measures
rules
WTO
EU
export subsidy
title New national foreign trade legislation on subsidies and international standards
title_full New national foreign trade legislation on subsidies and international standards
title_fullStr New national foreign trade legislation on subsidies and international standards
title_full_unstemmed New national foreign trade legislation on subsidies and international standards
title_short New national foreign trade legislation on subsidies and international standards
title_sort new national foreign trade legislation on subsidies and international standards
topic subsidy
national law
countervailing measures
rules
WTO
EU
export subsidy
url http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791204157D.pdf
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