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Synopsis and References to the Case

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Chapter Summary

This chapter focuses on a case, which along with its companion case Brazil – Aircraft, have resulted in formative jurisprudence on fundamental aspects of the Agreement on Subsidies and Countervailing Measures (SCM Agreement). It is one of several cases in which the governments of Brazil and Canada have accused each other of providing prohibited subsidies to their regional aircraft manufacturers, Embraer and Bombardier respectively. The case resulted in four reports: a Panel ruling; an Appellate Body ruling; an implementation ruling by the Panel; and an implementation ruling by the Appellate Body. Brazil argued that subsidies granted to the Canadian regional aircraft industry under a series of Canadian programs constituted subsidies contingent in law or in fact on export. The case, together with the subsequent subsidies cases involving the same parties and the same industry, demonstrates the weakness of the remedies available in WTO subsidies disputes.

Keywords: Brazil – Aircraft; Canadian regional aircraft industry; civilian aircraft; SCM Agreement; WTO



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    La jurisprudence de l'OMC / The Case-Law of the WTO, 1999-1 — Recommend this title to your library
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