Module LAW46815: THE LAW OF SUBSIDY AND STATE AID CONTROL

Department: Law

LAW46815: THE LAW OF SUBSIDY AND STATE AID CONTROL

Prerequisites

• None.

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• The aim of this module is to provide students with an in-depth understanding of the key policy and legal issues and contemporary developments in the control of governmental use of subsidies. The module will focus on the transnational regimes of subsidy control (in particular, the WTO Agreement on Subsidies and Countervailing Measures and the State Aid Provisions of the European Union) as well as the UK’s post- Brexit subsidies regime (including the relevant provisions of the EU-UK Trade and Cooperation Agreement).
• The module will introduce students to the theories behing both the use and control of subsidies, the WTO agreement which attempts to control subsidy use at the global level, the EU’s state aid provisions, and the UK’s post-Brexit subsidies control regime.
• The module will give students the opportunity to engage in current policy debates on state aid and subsidy policy and equip them with the knowledge needed to include crucial advice on the application of subsidy control regimes to any commercial on which they me be called upon to provide legal guidance.
• The module will enhance study in other areas of commercial law and prepare students for a career in a wide range of global employment destinations, including but not limited to the legal profession, in-house counsel, industry representation and government agencies.

Content

• The module will feature legal and policy issues in state aid and subsidies. The syllabus will cover the following topics: 
• The use of state aid / subsidies; 
• The market distorting features of subsidies; 
• The WTO’s Agreement on Subsidies and Countervailing Measures and important case law thereon; 
• The EU’s state aid regime, including the nature of aid, specificity, and permissible aid; 
• The UK’s regime as governed by its international obligations (including the EU-UK Trade and Cooperation Agreement of 2020) and domestic legislation; 
• Global developments in the use and control of subsidies.

Learning Outcomes

• Students should be able to: 
• Demonstrate detailed knowledge of basic principles, core policy issues and the complex body of rules and case law state and and subsidy control;
• Understand the key challenges posed by the use of subsidies in a market economy

• Students should be able to: 
• Critically comment or critique on currently debated state aid and subsidy issues and related arguments in the academic literature;
• Identify and critically evaluate the different approaches that transnational institutions and countries have taken in developing their subsidy use and control regimes;
• Demonstrate ability to evaluate government policy and industry proposals in light of the applicable legal regime(s) and the theoretical bases for the use and / or control of subsidies.

• Students should be able to: 
• Demonstrate sophisticated research, analytical and writing skills and ability to think critically;
• Manage time efficiently and work independently within a limited time frame to complete a specified task

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The teaching will be based on interactive seminars, supported by independent study of reading materials. The seminars will provide a forum for students to gain of subsidies and their control. Students’ understanding of the topics will be further enhanced through reading for each seminar. 
• The assessment will be in the form of a 3,000-word essay. The essay will test students’ understanding of the issues and ability to conduct independent research and apply the materials to develop coherent arguments.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

Formative assessment will be in the form of an essay of 1,000 words. Following law school policy, each student will receive individual feedback.

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University