A Study on the Case Law of International Trade CBEC Subsidies - Focusing on comparison of EU and WTO law -

This study mainly studies the interpretation and analysis of the international legal application and consequences of the decisions of the EU General Court in relation to two recent rulings on WTO subsidies. The EU General Court was recently asked to review two decisions of the EU Commission imposing countervailing duties on certain products imported from Middle East, and upon examination, it was found that the products in question benefited from subsidies derived from Chinese financial contributions. According to the analysis of this study, such cross-border financial contributions are in violation of subsidy provisions under the EU Countervailing Duty Act. Above all, the EU General Court must independently determine whether cross-border financial contributions fall within the definition of international trade subsidies stipulated in the WTO and then decide whether to apply them. Nevertheless, contrary to the opinions of many international trade experts, the EU General Court dealt with the issue by applying the WTO provisions as they are without significant evidence. This approach is something that must be taken into consideration, given the importance of resolving international trade disputes between the countries involved. In short, it is judged that a new method of applying and proving mutually acceptable international trade rules should be introduced in relation to prosecution and appeal of the above decision.