A aplicação do acordo sobre subsídios e medidas compensatórias pelo estado brasileiro
The Multilateral Trading System has evolved and presented new international mandatory rules to States. Along with the World Trade Organization constitutive treaty, Brazil has incorporated the Agreement on Subsidies and Countervailing Measures (ASCM) in the national legal system. That treaty limit...
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| Formato: | Dissertação |
| Idioma: | por |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/13944 |
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| Resumo: | The Multilateral Trading System has evolved and presented new international mandatory
rules to States. Along with the World Trade Organization constitutive treaty, Brazil has
incorporated the Agreement on Subsidies and Countervailing Measures (ASCM) in the
national legal system. That treaty limits de scope of subsidies concession by governments
since this practice can constitute a mechanism of commercial disloyalty, affecting national
industrial development in the importing country. At the same time, the multilateral agreement
grants defense legitimate instruments to States, among them the possibility of domestically
and unilaterally imposing countervailing measures to subsidized products that enter the
national territory. Since the issue concerns both international and domestic level in
complementary grounds, this research, besides investigating the treaty related obligation, aims
at studying the national legal fundaments to ASCM s application by the Brazilian State.
Therefore, the essential point resides in the State s conduction of its international trading and
also in its available and constitutionally established mechanisms of economic intervention.
State s regulating power reveals itself as a fundamental prerogative to succeed in the
internalization of international agreement s requirements in the domestic legal system, which
represents a basic prerequisite to the implementation of countervailing measures. Once the
whole normative outlines are apprehended, this study shall scan the administrative process of
trading defense main elements, along with the means of controlling public administration acts.
The action taken by the public organs that directly intervene in foreign trade shall be analyzed
as well, so as to enable reasoning if the unilateral application of countervailing duties by the
Brazilian State is happening on legitimacy grounds |
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