14 July 2004 (04-3027) Negotiating Group on Rules Original: English
Communication from Canada
The following communication, dated 21 May 2004, is being circulated at the request of the Delegation of Canada.
The submitting delegation has requested that this paper, which was submitted to the Rules Negotiating Group as an informal document (JOB(04)/54), also be circulated as a formal document.
1. The concept of “specificity” is one of the cornerstones of the WTO Agreement on Subsidies and Countervailing Measures Agreement (ASCM). It has been generally recognized for nearly 20 years now that this important concept would benefit from precision in its application. A review of the many interpretations of this requirement and the significant domestic litigation it has caused over this period of time reinforces the need to establish certain checks to the discretion afford