The regulation of subsidies in the WTO leaves a lot to be desired. It is outdated, as it was negotiated before the advent of global value chains. It does not allow for public policy justifications and is un-informed by economic analysis. Finally, there is a lingering uncertainty (following the completion of the original contract through case law) regarding the appropriate counterfactual against which the subsidies need to be assessed. A re-negotiation is warranted. For otherwise, even assuming t
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