LSN: WTO Law (Topic)最新文献

{"title":"Due Process in WTO Disputes","authors":"A. Mitchell","doi":"10.1017/CBO9780511754340.015","DOIUrl":"https://doi.org/10.1017/CBO9780511754340.015","url":null,"abstract":"Due process is a necessary component of any legal system seeking legitimacy and effectiveness. The dispute settlement system of the WTO is no exception. Indeed, the potentially vast political and economic effects of trade liberalization and protectionism, the opportunity for Members to challenge domestic regulations of sovereign governments using WTO rules, and the power differences between WTO Members all heighten the need for fair rule enforcement in the WTO. WTO due process obligations are of two types. The first are obligations imposed within the WTO dispute settlement system, such as the rules that protect fairness between the parties in panel proceedings. The second are obligations imposed on WTO Members to ensure due process in their domestic legal systems, such as Article X:3(a) of the GATT 1994, which requires that all ‘laws, regulations, decisions and rulings’ of the kind described in Article X:1 be administered ‘in a uniform, impartial and reasonable manner’. While both types of due process obligations are important and could be the subject of a WTO dispute settlement proceeding, for reasons of space, this chapter is restricted to the first type. This chapter begins by examining the content of the principle of due process and its justification, placing the specific meaning of the principle in the WTO within its wider context in domestic law and international law generally. Although the obligations discussed in this section relate primarily to the provision of due process in domestic legal systems, they also assist in understanding the nature of due process in the WTO dispute settlement system. Next I examine the WTO provisions that can be seen as imposing due process obligations in relation to the dispute settlement system, taking into account the interpretation of these provisions to date by WTO panels and the Appellate Body (described for convenience as WTO adjudicating bodies in this chapter). Finally, I consider the inherent powers of WTO adjudicating bodies to protect due process in disputes, independent of any specific WTO provisions. This chapter does not address the WTO obligations imposed on Members to ensure due process in their domestic legal systems, such as through Article X:3(a) of the GATT 1994, which requires that all ‘laws, regulations, decisions and rulings’ of the kind described in Article X:1 be administered ‘in a uniform, impartial and reasonable manner’.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129027723","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":"Ten Lessons from 'Institutional Economics' for Designing Multilateral Trade and Investment Institutions","authors":"E. Petersmann","doi":"10.2139/ssrn.3617907","DOIUrl":"https://doi.org/10.2139/ssrn.3617907","url":null,"abstract":"Why were procedural and substantive trade rules – but not investment agreements – transformed into multilateral treaties following World War II? Why do state-capitalist conceptions of international economic law (e.g. in China’s bilateral Belt and Road Cooperation), neo-liberal conceptions (e.g. in US trade agreements) and ordo-liberal conceptions (e.g. in European free trade agreements) result in such different legal and institutional designs of trade and investment agreements? The ten sections of this paper discuss ten lessons from institutional economics for the legal design of multilateral trade and investment institutions, with due regard to the increasing geopolitical rivalries among Anglo-Saxon neoliberalism, European ordo-liberalism and authoritarian state-capitalism (e.g. in China and Russia). It concludes that maintaining the worldwide legal and dispute settlement system of the World Trade Organization (WTO) - and interpreting its regional and national exception clauses broadly in order to reconcile diverse, national and regional institutions of economic integration and of ‘embedded liberalism’ - remains in the interest of all WTO member states. Multilevel trade and investment adjudication are of constitutional importance also for the transformation of the global division of labor into a carbon-free economy mitigating climate change. Yet, its institutional design is increasingly challenged not only from neo-liberal and state-capitalist, but also from ordo-liberal constitutional perspectives.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132570216","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":"Russia and the WTO: Realpolitik by the Rules of Free Trade","authors":"William P. Kratzke, Dmitri A. Titoff","doi":"10.2139/ssrn.2461777","DOIUrl":"https://doi.org/10.2139/ssrn.2461777","url":null,"abstract":"This essay responds to Professor William E. Butler’s lecture titled 'Russia and the WTO System: Law, Regionalism, Politics' delivered at the University of Memphis, on September 27, 2013.Gaining WTO membership required Russia to make various trade concessions. Eventually, Russian consumers will benefit from WTO membership, and Russia may benefit from access to WTO dispute settlement mechanisms. However, Russia confronts problems that “free trade” will not solve: poor governance, corruption, a shrinking labor force, poor public health, and average human capital. WTO membership is a positive but relatively insignificant development for Russia, as Russia's exports are mainly energy products that it trades through bilateral arrangements. Perhaps more promising from Russia’s view is the Eurasian Customs Union, a customs union, which is Russia's latest attempt to improve upon failed post-Soviet integration projects and, at the same time, to “pivot” towards rising economies of Asia. The widespread perception is that the Eurasian Customs Union is a Russian geopolitical instrument that has divided Ukrainian sentiment between the European Union and Russia's bloc. That division led to protests, the Yanukovich government's downfall, and Russia's intervention in Crimea and east Ukraine. China, already a major economic player in Eurasia, is challenging Russia's economic and political influence in the region.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131028047","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":"Сельское Хозяйство России: Первый Год Во Всемирной Торговой Организации (Agricultural industry in Russia: The first Year In the World Trade Organization)","authors":"Natalia Shagaida","doi":"10.2139/ssrn.2658007","DOIUrl":"https://doi.org/10.2139/ssrn.2658007","url":null,"abstract":"Russian Abstract: После вступления России в ВТО в стране обострилась дискуссия о возможных негативных последствиях этого шага для сельского хозяйства. Основную угрозу для российских сельхозпроизводителей составляло обязательство по снижению импортных пошлин: средние максимальные пошлины на сельскохозяйственные товары должны быть снижены с момента присоединения с 13,2 до 10,8%1. До вступления в ВТО в России действовала система, обеспечивающая поддержку сельского хозяйства преимущественно за счет трансфертов от конечных потребителей, выплачивающих по основной части сельскохозяйственных продуктов повышенную – по сравнению с мировой – цену за продукты. В условиях снижения пошлин и сокращения трансфертов от потребителей реальным становится сокращение совокупной поддержки внутренних производителей. Для снижения рисков и сохранения сложившегося уровня совокупной поддержки российских сельхозпроизводителей требовалось бы увеличить их бюджетную поддержку. Однако такая политика противоречила бы текущим возможностям бюджета и потенциально условиям присоединения страны к ВТО, по которым объем поддержки в рамках янтарной корзины ограничивается.English Abstract:After Russia's accession into the World Trade Organization in the country the discussion about possible negative consequences of this step for agricultural industry escalated. The main threat for the Russian agricultural producers was constituted by the liability on reduction of import duties","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127297547","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 Rule of Law or the Rule of Lawyers?","authors":"D. Steger","doi":"10.1163/221190002X00274","DOIUrl":"https://doi.org/10.1163/221190002X00274","url":null,"abstract":"The dispute settlement system of the WTO was faced with major challenges in its first few years. It has functioned very well in spite of serious pressures from the sheer number of cases that were brought; the increasing complexity and economic significance of disputes; the strict,short timeframes for each step in the dispute settlement process; and a shortage of adequately trained resources. Despite political challenges, the record of compliance for WTO disputes has been good. It is undeniable that there is a growing 'juridification' taking place within the WTO dispute settlement system. A respected clarification process, governed by the principles of due process and procedural fairness, is fundamental to ensuring and maintaining the legitimacy of the WTO as an international rules-based system. The recognition that the WTO is a system of law is critical to preserving its nature as a rules-based international system.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131927074","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":"Demystifying Australia – China Trade Tensions","authors":"Weihuan Zhou, J. Laurenceson","doi":"10.2139/SSRN.3806162","DOIUrl":"https://doi.org/10.2139/SSRN.3806162","url":null,"abstract":"In 2020 Australia’s political relations with China plumbed new depths. Trade and other economic ties were also hit with disruption. Contributing to this deterioration, and complicating an accurate assessment of the consequences, has been a raft of misunderstandings. This paper demystifies the bilateral trade tensions by exposing the deeper drivers of political friction, providing a critical assessment of the vulnerability of the Australian economy, and placing the current state of Australia’s relations with China in a comparative regional perspective. These discussions set an important context for a detailed and critical analysis of the legal issues that Chinese trade measures have created under the rules of the World Trade Organization and the China – Australia Free Trade Agreement. We show that these legal issues have been over-simplified or even misunderstood in existing work. Overall, we believe that combined with political leadership, a clear understanding of these issues offers the best prospect for an improved relationship trajectory, serving both countries’ interests.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122865611","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":"Making a Rules-Based Trading Regime Work: Globalization and the WTO Dispute Settlement Mechanism","authors":"H. Khan, Yibei Liu","doi":"10.2139/ssrn.995933","DOIUrl":"https://doi.org/10.2139/ssrn.995933","url":null,"abstract":"We discuss the role of the dispute settlement mechanism (DSM) of the World Trade Organization (WTO) in the context of a complex characterization of globalization. The dispute settlement mechanism (DSM) of the World Trade Organization (WTO) is at present a controversial exercise at the international level. Reasonable people disagree as to whether it has enhanced and maintained equality between developing and developed countries. Through examining its concrete provisions, procedures and several important factors such as resource availability and political influence outside the WTO, it can be concluded that there are conditions under which the new rule-based DSM can indeed contribute to promoting developing countries' status in the system. Consequently, the rule-based DSM can provide them with more power to defend their own interests. However, the DSM still does not eliminate the power-based relationships between countries. Developing countries are still affected by biases, which stem from several sources such as high financial and legal resource costs, political pressure generated outside the WTO, declarative WTO legal provisions, etc... A reformed WTO with less asymmetry of power will result in a higher level of global social welfare.","PeriodicalId":122765,"journal":{"name":"LSN: WTO Law (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122214483","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}