论利益的丧失或减损

On Loss and Detract of Interests

《补贴与反补贴协议》规定一成员实施的补贴使其它成员在1994《关贸总协定》项下的直接或间接获得的利益受到丧失或减损,则该补贴构成可申诉补贴。受害方丧失或减损的利益本质上来说,就是《关贸总协定》确立的贸易竞争关系,这种利益是成员方在谈判时根据谈判所能够合理预期的。《关贸总协定》规定政府的措施如果是违法的且又存在着利益的丧失或减损,则推定政府措施与利益的丧失或减损之间存在着因果关系;如果政府措施不是违法行为,则申诉方需要证明政府措施与利益的丧失或减损之间存在因果关系。

The Agreement of Subsidies and Countervailing duties provides if an agreement of a member let other members lose the interests or detract directly or indirectly under the subsidy in GATT 1994, it may appeal form. In determining nullification or impairment of interests to other members, interests actually refer to the relation of trade competence held in GATT, and are reasonably anticipated by victims. The GATT provides if the government measures are illegal and can cause the loss of interests, there may exist the causal relationship between the gov- ernment measures and the loss or detract. If the government measures are not illegal behavior, the party should prove that there not exists the causal relationship between the government measures and the loss or detract of interest.