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Record W2883257683

공법 : 미국,EU간 항공기보조금분쟁과 WTO 분쟁해결제도에 관한 연구

2008· article· ko· W2883257683 on OpenAlexaboutno aff
문준조

Bibliographic record

Venuenot available
Typearticle
Languageko
FieldEnvironmental Science
TopicEnvironmental Policies and Emissions
Canadian institutionsnot available
Fundersnot available
KeywordsSubsidyEnforcementPlaintiffCivil aviationLaw and economicsBusinessCompliance (psychology)AviationLawInternational tradePolitical scienceEconomicsEngineering
DOInot available

Abstract

fetched live from OpenAlex

The DSU, relative to GATT and other previous trade agreements, is a significant innovation. Overall, many writers have had positive evaluations. n306 Regardless, the system is still flawed. This comment asserts that the enforcement and compliance problems are aggravated when dealing with commercial aviation subsidies. The DSU has already been widely criticized. The extent of this critique will be limited to the major flaw that is salient to the aviation dispute. The DSB has a difficult time enforcing its recommendations and rulings when the stakes are high. In situations like the instant case, the DSU cannot produce an effective solution through litigation. There is a self-defeating loop created when both parties have committed similar violations. In this situation, compliance under the DSU is supposed to be compelled by a party who is also guilty of the same violation. This comment has asserted that all large civil aircraft producers have benefited from subsidization. Alleged subsidy violations, in regard to the civil aviation industry, will inevitably be defeated when both sides succeed with their claims. The SCM Agreement cannot be enforced under the DSU when applied to large civil aircraft. As EC-Bananas, U.S.-FSC, and the Canada-Brazil aviation disputes have demonstrated, the DSU lacks a reliable compliance mechanism. While the DSU is an improvement over GATT, it has the same inherent problem of any international agreement-lack of enforcement. The remedy for non-compliance under the DSU is self-help. This is problematic because it relies on the individual complainant to serve as an enforcer when a losing member resists a ruling. In disputes like the Canada-Brazil aircraft case where both sides are expected to be an enforcer, the agreement being subjected to litigation will not be upheld. It is in the best interest of both sides to refrain from engaging in a trade war. The result is non-compliance. Consequently, the SCM Agreement is less likely to be enforced. The presence of a government subsidy is evidence that the State has an interest in that industry. When a member is devoted to maintaining non-compliant behavior, the DSU is unlikely to be effective. In instances like U.S.-FSC, the offending party can thwart compliance. Strong trade activity between members, like the United States and the European Union, discourage the use of authorized retaliation. This allows foot dragging and leads to no result from litigation. In the event of a settlement, or compliance after litigation, it would be a major mark of success for the WTO. Considering the instant dispute is thought to be the biggest case brought to the DSB, a successful resolution would add to the creditability of the DSU and the WTO overall. Most likely, however, this dispute will serve as another footnote pointing to the shortcomings of the DSU. The circumstances have created a scenario that makes enforcement of the SCM Agreement unlikely. Both sides are likely to be found guilty of subsidization and neither side has a great incentive to give up its practices. The self-help trade sanctions made avaliable as an enforcement mechanism have dubious utility in this dispute. Despite the amount of attention the dispute has received, government support of the large civil aircraft industry will be maintained. If any changes are implemented, the aviation subsidies on both sides of the Atlantic will simply masquerade in different garbs. Any compliance will surely be token and subsidies will appear in different forms. Finally, the SCM Agreement, as applied to large civil aircraft, is not pragmatic. Proponents of the agreement ignore the unique demands of the large civil aircraft industry. Halting subsidies to aviation manufacturers stifles innovation, handcuffs competition, and is unrealistic.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.009
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.029
Threshold uncertainty score0.058

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0040.009
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0020.003
Scholarly communication0.0060.003
Open science0.0010.002
Research integrity0.0050.007
Insufficient payload (model declined to judge)0.0130.007

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.015
GPT teacher head0.216
Teacher spread0.201 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2008
Admission routes1
Has abstractyes

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