THE CUMULATIVE APPLICATION OF THE AGREEMENT ON AGRICULTURE AND THE SUBSIDIES AND COUNTERVAILING MEASURES AGREEMENT: AN APPROACH TO AGRICULTURAL SUBSIDIES BASED ON ITS EFFECTS
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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.
Acuerdo sobre la Agricultura, Acuerdo sobre Subvenciones y Medidas Compensatorias, cláusula de paz, Medidas de Apoyo Interno, subvención a la exportación, subvenciones de Caja Azul, Subvenciones de Caja Verde, subvenciones prohibidasAgreement on Agriculture, Subsidies and Countervailing Measures Agreement, Prohibited Subsidies, Actionable Subsidies, Export Subsidies, Domestic Support Measures, Peace Clause, Green Box Subsidies, Blue Box Subsidies