LSN: WTO Law (Topic)最新文献

{"title":"The EC General System of Preferences and International Obligations in the Area of Trade - The Never-Ending Story","authors":"L. Gruszczynski","doi":"10.2139/ssrn.1199502","DOIUrl":"https://doi.org/10.2139/ssrn.1199502","url":null,"abstract":"This article analyses the current general system of preferences of the EC in order to assess its conformity with the international obligations imposed by law of the World Trade Organization. The analysis is carried out in light of the recent WTO ruling, which found the old system of preferences incompatible with WTO law. In this context, the article argues that some aspects of the new system relating to special incentive arrangements for sustainable development and good governance may potentially conflict with the requirements of international trade law.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"252 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133964018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trading for National Security? United States Free Trade Agreement in the Middle East and North Africa","authors":"R. Folsom","doi":"10.2139/SSRN.1013372","DOIUrl":"https://doi.org/10.2139/SSRN.1013372","url":null,"abstract":"Free trade and customs union agreements are the rage. Hundreds of bilateral and regional free trade agreements have been notified to the World Trade Organization (WTO), which in theory \"regulates\" them under Article XXIV of the General Agreement on Tariffs and Trade (GATT).1 For example, free trade fever has reached such partners as Chile-China, Japan-Mexico, Canada-Costa Rica, Mexico-European Union, and New Zealand-Singapore. This contagion is a relatively recent phenomenon, one which poses systemic risk to the WTO.2 Far more than elsewhere in the world, United States free trade agreements in the Middle East and North Africa pursue economic policies in a seething political cauldron. This environment has led to a distinct friend or foe approach to a region most notable for its subtleties. This article commences with an analysis of free trade with a hard-core ally, Israel. It progresses to free trade with less obvious U.S. allies, Jordan, Morocco, Bahrain and Oman. The United Arab Emirates, with which U.S. free trade negotiations are in progress, is then reviewed as a problematic case study. Saudi Arabia, Egypt, Turkey and other key players in the Middle East and North Africa are woven into the analysis. Various themes permeate this article: The use by the United States of bilateral trade and investment treaties and WTO membership as prerequisites to free trade, links between U.S. free trade agreements and Middle Eastern oil and politics, the future of the Bush Administration's Middle East Free Trade Area (MEFTA) initiative, and the premise that national security can be enhanced and terrorism can be fought through trade. Analysis of these themes is comparative, with particular reference to the North American Free Trade Agreement (NAFTA) and WTO law.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125468866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The End of Zeroing? Reflections Following the WTO Appellate Body's Latest Missive","authors":"Tania Voon","doi":"10.54648/leie2007014","DOIUrl":"https://doi.org/10.54648/leie2007014","url":null,"abstract":"The latest Appellate Body Report continues the assault through WTO dispute settlement on the practice of 'zeroing' in anti-dumping proceedings. The US - Zeroing (Japan) dispute may put an end to zeroing in most contexts, even in the recalcitrant United States, which continues to decry the Appellate Body's interpretations regarding this issue, with some reason. The zeroing line of cases also reflects a growing tension between negotiation and litigation, and Panels and the Appellate Body.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123366482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NGOs, Intellectual Property Rights and Multilateral Institutions","authors":"D. Matthews","doi":"10.2139/SSRN.963103","DOIUrl":"https://doi.org/10.2139/SSRN.963103","url":null,"abstract":"This paper analyses patterns of recent activity by NGOs in relation to intellectual property issues in the World Trade Organisation (WTO), the World Intellectual Property Organisation (WIPO), the World Health Organisation (WHO), the Convention on Biodiversity Conference of the Parties (CBD-COP) and the Food and Agriculture Organisation (FAO). The paper, a response to the UK Commission on Intellectual Property Rights, explains how and why international NGOs play an important role in supporting the work of delegates to multilateral institutions. It also describes how NGOs, social movements, indigenous groups and local communities in developing countries have played a key role in raising awareness of the implications of intellectual property policy for development. The paper then assesses current arrangements for NGO engagement with multilateral institutions and suggests how these arrangements could be enhanced in the future. The paper concludes by setting out six recommendations for international NGOs, for multilateral institutions and for the donors of funds that support the work of NGOs.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122990973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"European Competition Policy in International Markets","authors":"M. Ivaldi, O. Bertrand","doi":"10.2139/ssrn.951594","DOIUrl":"https://doi.org/10.2139/ssrn.951594","url":null,"abstract":"Changes in the institutional, technological and economic environment raise new challenges to the European competition policy. In this context, it is timely for European authorities to appraise the external dimension of the European competition policy as well as its articulation with current internal reforms. Globalisation can increase the costs of monitoring and seriously reduce the ability of European authorities to tackle cross-border anti-competitive conducts. In addition, conflicts are exacerbated by industrial policy motivations. As it is unlikely that the sole application of the territoriality and extraterritoriality principles to competition rules could yield an optimal international competition system, globalisation calls for higher levels and types of cooperation. Given that bilateral cooperation and especially the implementation of comity principles could be of no value when laws or interests are sources of international conflicts, three main paths could be therefore encouraged: The continuous harmonization of rules through the joint action of OECD and ICN; the higher cooperation in the confidential information exchange; the establishment of global anti-trust institutions. Although WTO is legitimate in judging questions related market access and entry barriers, it is less equipped to assess international hard core cartels or M&A reviews. As a substitute for WTO, a multilevel system, like the EU system, could be promoted. For political and pragmatic reasons, it could be composed in a first step of a hard core of countries like the EU, Japan and the U.S. It could be associated with the creation of an international Court of Justice for competition. In addition to these external reforms, some internal reforms could be required. Competition authorities have to develop further competition advocacy to give a higher priority to competition issues in other EU policies and national regulation. A parallel and complementary reform could consist in making the European competition agency independent from State Members' interference.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130811482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"WTO Negotiations and Other Agricultural Trade Issues in Japan","authors":"M. Honma","doi":"10.1111/j.1467-9701.2006.00816.x","DOIUrl":"https://doi.org/10.1111/j.1467-9701.2006.00816.x","url":null,"abstract":"This paper examines the current developments in WTO negotiations on agriculture and discusses the issues of greatest concern to Japan as well as agricultural issues in free trade area (FTA) negotiations relating to Japan. With regard to agricultural policies in Japan it is stressed that: (1) structural reform in Japanese agriculture is essential to promote the WTO agricultural negotiations and to make negotiations on FTAs more effective and prompt; (2) Japan must consider various measures to increase the investment of capital from outside agriculture and the accumulation of new human capital; and (3) there should be increased market competition in Japanese agriculture so that productive resources can be better concentrated in efficient farms and farm businesses. On international issues, it may be desirable to establish an international forum, particularly among Asian countries, to discuss important agricultural issues in the region. This forum should consider not only agricultural tariff reductions, but also sanitary and phyto-sanitary (SPS) measures that might be addressed in working toward a broader FTA in Asia. The objective would be for Japan to play a strong leadership role in seeking wider cooperation on agricultural policies and agricultural resource management together with potential FTA partners in the Asian region.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116143594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Facing China: Taiwan's Status as a Seperate Customs Territory in the World Trade Organization","authors":"Pasha L. Hsieh","doi":"10.54648/trad2005063","DOIUrl":"https://doi.org/10.54648/trad2005063","url":null,"abstract":"November 11, 2001 was a defining moment in Taiwan's diplomatic and economic history. In Doha, Qatar, on the other side of the world, the Fourth Ministerial Conference of the World Trade Organization (WTO) unanimously approved Taiwan's application for WTO membership, just twenty-four hours after approving China's admission. After Taiwan's Congress ratified the country's entry protocol and the government deposited relevant agreements in the Secretariat in Geneva, Taiwan became the 144th WTO member as the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, abbreviated as Chinese Taipei, on January 1, 2002. Taiwan's choice of this tedious title in the WTO, instead of its official name, Republic of China (ROC), shows its reluctant compromise with political reality. Taiwan's trade volume places it among the top 10% of that of all WTO members. Nonetheless, it took Taiwan twelve years of strenuous efforts to enter this United Nations of Economics and Trade since submitting its accession application in 1990. In fact, most of Taiwan's agreements were completed by late 1999, but because of China's insistence that Taiwan can only accede to the WTO after its entry and because most countries were concerned about trade relations with China, Taiwan's accession progress was postponed. Taiwan's accession to the WTO is considered to be the most important diplomatic breakthrough. The government believes that WTO will enable Taiwan to open a new window of the century and a window of the world. Part I of this Article will describe Taiwan's application to the WTO and its status as a separate customs territory. Part II will introduce how WTO membership benefits Taiwan. Part III will analyze cross-strait trade laws and policies of China and Taiwan. Part IV will examine interactions between China and Taiwan in the WTO and potential violations of international trade law they may trigger.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126665556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Universalizing the Right to Water in Brazil: Liberalization, Regulation and Public Policies in Human Rights","authors":"Carlos Mauricio Mirandola","doi":"10.2139/SSRN.2258019","DOIUrl":"https://doi.org/10.2139/SSRN.2258019","url":null,"abstract":"This paper proposes a very important discussion: Can trade policy help national governments to realize universal human rights? Specifically, in the context of progressively broader multilateral trade negotiations, how well can governments deal with international pressures for liberalization, and, at the same time, preserve its regulatory freedom and autonomy, in order to implement social policies directed to the realization of a developing country nationals’ human rights? To answer this question, we chose to work with one of the most basic human rights: the right to water. The right to water is fundamental in many dimensions. Just to remember four of them, we can mention (i) the humanitarian and human dignity dimensions, (ii) the economic dimension, (iii) the social dimension, and (iv) the sanitary dimension. In the first place, in what concerns the humanitarian and human dignity dimension, granting the right to water implies creating conditions for citizens to access a natural resource that is essential to their own survival. In the second place, in what refers to the economic development dimension, water is a scarce good, which demands heavy investments in order to be realized. Moreover, it involves building physical infrastructure, sewage systems, water treatment centrals, distribution networks, interconnecting pipes’ networks – all activities related to an intense national effort in terms of mobilizing huge sums of capital, and human resources. In third place, the access to water, viewed from its social dimension, represents a factor of social inclusion, given that the universalization of the supply of clean water has effects over social cohesion and equality amongst the members of a community. In the fourth place, from a sanitary perspective, the right to water is strictly related to public policies in the health sector – reduction of diseases related to extreme poverty, contamination and children mortality. Dirty water is a dissemination vector for endemic, epidemic and parasite diseases – decontamination implies, thus, increased life expectancy, mainly in poor countries. The paper highlights the debate about how to put in practice effective, broad and inclusive policies involving the universalization of the right to water and their relationship with international trade policies. To this end, it studies the case of Brazil. In this sense, regulation, liberalization, trade openness, preservation of the State’ s regulatory capacity, attraction of foreign investments and the choices and needs of Brazilian society are the important variables to be considered.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126418079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Traders, Cops and Robbers","authors":"James E. Anderson, O. Bandiera","doi":"10.3386/w9572","DOIUrl":"https://doi.org/10.3386/w9572","url":null,"abstract":"Why does illegal trade often flourish without formal enforcement, but sometimes fail? Why do illegal trade-reducing policies often fail? Why do States often appear to tolerate illegal trade? A model of trade with cops and robbers provides answers. `Safety in numbers' is a key element: the equilibrium probability of successful shipments is increasing in trade volume. Even without conventional fixed costs, safety in numbers implies scale economies which can explain the absence or robustness of trade subject to predation. Spilling over between markets, safety in numbers implies that illegal trade can foster legal trade and State revenue.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124556737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Enduring Enigma of TRIPS: A Challenge for the World Economic System","authors":"Frederick M. Abbott","doi":"10.1093/JIEL/1.4.497","DOIUrl":"https://doi.org/10.1093/JIEL/1.4.497","url":null,"abstract":"This special issue on trade-related aspects of intellectual property rights (TRIPS) is introduced with a perspective that focuses on the urgency of narrowing the gap in living standards between the rich nations and the poor. The 1997/98 world economic crisis highlights the question of whether creating an international market in intellectual property sufficiently addresses the interests of developing countries in the diffusion and use of knowledge. It is suggested that substantial intervention by international institutions with interests in promoting development is also required. The role of IPRs in economic development is analyzed, and this contribution points to a few areas in which consensus among international IPRs specialists is emerging. Among these is that the role of IPRs is context-sensitive, depending on the particular characteristics of countries in which IPRs systems are introduced, and depending on the specific industries in which these IPRs are employed. This context-sensitive role argues for flexible implementation of the TRIPS Agreement in developing and newly industrializing countries. In WTO implementation of the TRIPS Agreement (including a review of national laws and dispute settlement) and in forthcoming WTO TRIPS negotiations (in areas such as biotechnology and genetics, the digital environment and electronic commerce, exhaustion of rights, non-violation causes of actions, competition and investment), the specific interests of the developing countries must be given a priority. Just as developed countries have traditionally balanced the IPRs interests of producers, consumers, and the science and research communities, so also must the WTO balance respective global interests in technology and creativity. The author urges a more extensive role for institutions such as the World Bank in technology capacity-building.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1998-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129583036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}