武汉大学国际法研究所,武汉 430072
侯宇锋:武汉大学国际法研究所博士研究生。研究方向:国际经济法。
D996/F744
本文受教育部哲学社会科学重大研究专项项目“坚持统筹推进国内法治与涉外法治研究”(项目编号:2022JZDZ005)的资助
Institute of International Law, Wuhan University, Wuhan 430072 , China
补贴规则是 WTO 改革的重要议题,但因各成员方立场不同,难以达成共识,致使改革陷入僵局。为满足自身利益需求,欧美相继通过扩张解释和创设规则两种路径在反补贴领域实现适用扩张。借助基于行为归因的扩张解释路径,欧美旨在转化补贴的行为模式、突破地域限制,从而使跨国补贴监管贴合《补贴与反补贴措施协定》所塑造的传统反补贴路径。借助基于规则移植的制度扩张路径, 欧盟融合国家援助的控制制度单方面创设《外国补贴条例》,美国则采用区域经贸协定形式实现非商业援助规则的扩散。然而,欧美通过以上两种路径所做出的立法或实践对现有多边纪律多有违反。 制度扩张路径更是借助过分强化竞争法思路而淡化反补贴规则的贸易救济属性,造成相关规则出现歧视性适用倾向。面对欧美不断扩张反补贴规则的适用范围,中国应坚持从 WTO 和区域贸易协定层面予以应对。同时,中国应从收发两端规范补贴流程,以期在全球市场中塑造良好形象。
The reform of subsidy rules has been an important issue in WTO reform. However, due to the diff erent positions of the members, it is diffi cult to reach a consensus, and the reform is still in delay. In order to satisfy their own interests, the Europe Union and the United States have successively realized the expansion of the application in the fi eld of countervailing subsidies through two paths including interpretation and creation of rules. Through the path of interpretation based on behavioral attribution, the EU and the US aim to transform the behavioral pattern of subsidies, break through the geographical restriction of subsidy provision, and thus make the regulation of transnational subsidies close to the traditional countervailing path shaped by the Agreement on Subsidies and Countervailing Measures. Through institutional expansion based on rule transplantation, in reference to the traditional path, the EU has unilaterally created the Foreign Subsidies Regulation by integrating the State Aid Control System, while the US has used the form of regional trade agreements to realize the proliferation of non-commercial assistance rules. However, the rules or practices following by the two above paths have violated the present multilateral disciplines a lot. The path of institutional expansion has even overemphasized competition law thinking and weakened the trade remedy attributes of countervailing rules which leads to a tendency for the relevant rules to be applied in a discriminatory manner. In the face of the expanding application of countervailing rules in the EU and the US, Chinese government should insist on responding at the level of the WTO and regional trade agreements. At the same time, China should standardize subsidy procedures both in granting and receiving subsidies to foster a positive image in the global marketplace.
侯宇锋.欧美反补贴规则适用扩张的路径研究与中国应对[J].上海对外经贸大学学报,2026,33(1):19-32.
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