Legality of Bailouts and Buy Nationals

Kamala Dawar is Senior Lecturer in Law at the University of Sussex.

This book offers a well-argued and insightful critical assessment of the shortcomings of international trade and competition rules in tackling interventionist State measures in the context of an economic crisis. Dawar offers an evidence-rich account of the challenges that State protectionism creates for international trade liberalisation and for the protection of competition in international markets. Her insights will be particularly interesting in the context of current events leading to another surge of State economic interventionism, both for academics and for policy-makers with an interest in international trade.

• 1. Introduction I. Overview II. Promoting Competition III. Government Procurement Law and Policy IV. Integrating Competition and Government Procurement Laws V. Private Anti-Competitive Behaviour VI. Assessing the Legality of the Crisis Measures in Six Case Study Countries VII. The Enforcement of International Trade Law in a CrisisVIII. The Outline of the Book Part I: The Rules Governing Bailouts and Buy-Nationals2. The International Framework I. Introduction II. Competition Policy and Non-Discrimination under the GATT III. Competition and Public Procurement under the GATT IV. GATT Article I:1 Most Favoured Nation and Government ProcurementV. Buy-Nationals under the Agreement on Subsidies and Countervailing Measures VI. Competition Policy under the GATS: Bailouts and Buy-Nationals VII. The WTO Government Procurement Agreement and Competition VIII. Conclusions 3. The Regional Rules I. Overview II. Selecting the RTAs for Assessment III. The USA’s RTAs IV. Brazil’s RTAs V. India’s RTAs VI. The EU’s RTAs VII. TFEU State Aid Rules under WTO Commitments VIII. Conclusions 4. Characterising the Rules I. Introduction II. Assessing the Provisions III. The Nature of Legal Obligations A. Bilateral and Collective Obligations IV. The Nature of Selected WTO Obligations V. WTO GPA Provisions VI. WTO ASCM Provisions VII. Characterising the Selected RTA Provisions VIII. The TFEU and the Role of the European Commission IX. Summary Conclusions Part II: The Case Studies International Trade Law in a Crisis: Who Makes it and Who Breaks it?5. Assessing the Legality of Bailouts and Buy-Nationals I. US Fiscal Bailout Measures II. Brazil’s Bailout Measures in the Financial Sector III. The Legality of India’s Bailouts and Buy-Nationals IV. Regulating Crisis Bailouts under the TFEU V. Member State Bailouts in the Financial Sector VI. The UK Financial Sector Bailouts under the TFEU VII. The Financial Bailout Measures in Germany VIII. The Legality of the Rescue Measures under the TFEU IX. The Interface between EU State Aid Control and the ASCM Part III: Enforcing International Trade Law in a Crisis6. Challenging Bailouts and Buy National Measures I. Overview II. WTO Consultations and the Dispute Settlement Body III. WTO Trade Remedies 2008–13 IV. Regional Regulatory Responses to the Crisis 7. From the Wealth to the Stealth of Nations I. Overview II. Increasing Compliance During Crises: The Case for Collective Enforcement III. The Institution of the WTO IV. Hodie tibi, cras mihi? V. To the Health or the Stealth of Nations?