Abstract
Agricultural Trade Liberalization is one of the most complex issues in International Trade. Regarding the aforesaid, the World Trade Organization (WTO) legal framework has developed the Agreement on Agriculture (AoA) as the specific treaty that governs agricultural subsidies. This agreement specifically addresses the structure of an agricultural subsidy, but it does not develop any kind of rule that would allow Member States to challenge a specific agricultural subsidy depending on its trade distortion effects. This paper will focus on the fact that agricultural subsidies may be challengeable and controlled depending on its trade-distorting effects through the application of the Subsidies and Countervailing Measures Agreement (SCM) to agricultural subsidies. Accordingly, WTO judicial bodies –Panels and the Appellate Body– have the instruments to examine and review agricultural subsidies through its trade-distorting effects by the cumulative application of both the SCM and the AoA.
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