TRACING THE LEGAL REGIME OF AGRICULTURAL SUBSIDIES WITHIN THE WTO FRAMEWORK: A HISTORICAL INSIGHT

Abstract

The global regulation of agricultural subsidies under international trade law represents one of the most intricate and contentious areas of the World Trade Organization (WTO) legal system. The discipline surrounding agricultural subsidies evolved through decades of negotiations, legal experimentation, and political compromise. Although subsidies are addressed within the general framework of the WTO through the Agreement on Subsidies and Countervailing Measures (SCM Agreement), agricultural subsidies are primarily governed by a distinct legal regime—the Agreement on Agriculture (AoA)—due to the unique nature of agriculture in domestic economic, social, and food security policies.
This article provides a historically grounded and legal examination of the evolution of the WTO regime governing agricultural subsidies, exploring the trajectory from the early General Agreement on Tariffs and Trade (GATT) provisions to the specialized legal framework established by the AoA. It also discusses the implications of this legal regime and its architecture, including its three-pillar structure and the subsidy classification system.