Journal of World Trade最新文献_第8页

The General Theory of the Natural Course of World Trade: Special Circumstances to Initiate Trade Remedy Investigations 世界贸易自然过程的一般理论:启动贸易救济调查的特殊情况

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021034

George Arie Comnenus

{"title":"The General Theory of the Natural Course of World Trade: Special Circumstances to Initiate Trade Remedy Investigations","authors":"George Arie Comnenus","doi":"10.54648/trad2021034","DOIUrl":"https://doi.org/10.54648/trad2021034","url":null,"abstract":"Via the Vienna Convention on the Law of Treaties, this article proposes a definition of the “special circumstances” that sanction authorities to self-initiate trade remedy proceedings per article 5.6 of the WTO Anti-dumping Agreement. In effect, it optimizes the world economy by enabling authorities to self-detect unfair trading practices – without a complaint of the domestic industry. This inability likely restrains trade remedies’ potential as a finer, more fruitful alternative for the indiscriminate imposition of bulk-tariffs – visible in the Sino-American trade war. Arguably, the “special circumstances” occur when the pace of country-specific import significantly exceeds the pace of the worldwide import, through significant price undercutting which stems from transnational price discrimination rather than a cost-efficient industry. To ascertain whether an absence of price discrimination is due to a particular market situation, the general theory introduces a new criterion. This criterion provides the first definition of “sales in the ordinary course of trade”, wholly derived from Article 2.2 of the WTO Anti-dumping Agreement.\u0000trade remedies, initiation, dumping, special circumstances, particular market situation, price undercutting, ordinary course of trade","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71321904","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Public Morality Exception at the WTO: Much Ado About Nothing? WTO的公共道德例外:无事生非?

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021019

Kristine Plouffe-Malette

{"title":"Public Morality Exception at the WTO: Much Ado About Nothing?","authors":"Kristine Plouffe-Malette","doi":"10.54648/trad2021019","DOIUrl":"https://doi.org/10.54648/trad2021019","url":null,"abstract":"Public morality is one of the stated objectives for which WTO Members may seek to justify a measure that impedes trade. The value of considering this single objective is twofold. First, while all six trade disputes relating to the public morality exception have passed the public morality test, no measure has passed both the necessity test and the test in the chapeau paragraph. Second, it is questionable whether it is possible for a panel or the Appelate Body (AB) to recognize a measure as being of public morality. Moreover, if the EC – Seal Products dispute is the focus of the morality exception, it is important to look more closely at subsequent interpretations by panels and the AB, as nothing is less certain about the interpretation of this exception. Two trilogies emerge, firstly the US – Gambling, China – Publications and Audiovisual Products and the EC – Seal Products, and then Colombia – Textiles, Indonesia – Import Licensing and Brazil – Taxation, with the Canada-European dispute as the tipping point. This article is constructed in three parts that draw on the lessons learned from these two trilogies to highlight what remains of the public morality exception at the WTO.\u0000public morality exception, WTO law, US – Gambling, China – Publications and Audiovisual Products, EC – Seal Products, Colombia – Textiles, Indonesia – Import Licensing, Brazil – Taxation","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On Trade Liberalization for Political Ends: The Case of the EAEU 论政治目的下的贸易自由化:以欧亚经济联盟为例

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021025

Fabrizio Marrella, Rafik Usmanov, Patricio Ignacio Barbirotto

{"title":"On Trade Liberalization for Political Ends: The Case of the EAEU","authors":"Fabrizio Marrella, Rafik Usmanov, Patricio Ignacio Barbirotto","doi":"10.54648/trad2021025","DOIUrl":"https://doi.org/10.54648/trad2021025","url":null,"abstract":"As evidenced by WTO theory and practice, even as exceptions regulated at Article XXIV GATT 1994 and Article V GATS, regional trade agreements (RTAs) or preferential trade agreements are an important legal tool to liberalize trade and strengthen economic or political cooperation. In recent years, notwithstanding the fiasco of TTIP and TPP, RTAs have proliferated in different regions of the world. Among them, the Eurasian Economic Union (EAEU) is a customs union established in 2015 which is institutionally similar to the European Union (EU) albeit unexplored in academic literature. Remarkably, during its first five years of existence as an international organization, the EAEU has become a trade entity capable of adopting common technical regulations and a uniform customs code regulating cross-border trade in the internal single market and with third parties. Moreover, the EAEU has been quite active in concluding international agreements with third States, setting the basis to make the EAEU a key player on the global arena. Is the EAEU an RTA with the purpose to liberalize trade and services, mindful of the WTO philosophy, or rather is it a mean to attract back in the Moscow’s orbit some of the Post-Soviet States thus reaching precise geopolitical ends? What is its relevance for international business?\u0000Regional Trade Agreements, International Economic Law, Eurasian Economic Union, WTO, International Economic Organizations, Post-Soviet States, EAEU Customs Code, Russia, Common Market","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42104925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

One Step Forward and Two Steps Back? Evolution of Bilateral Safeguard Provisions in Preferential Trade Agreements 前进一步，后退两步?优惠贸易协定中双边保障条款的演变

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021018

Jia Xu

{"title":"One Step Forward and Two Steps Back? Evolution of Bilateral Safeguard Provisions in Preferential Trade Agreements","authors":"Jia Xu","doi":"10.54648/trad2021018","DOIUrl":"https://doi.org/10.54648/trad2021018","url":null,"abstract":"There is an emergence of including bilateral safeguard provisions in Preferential Trade Agreements (PTAs). Most PTAs embed bilateral safeguard provisions to buffer the risk of import surges caused by tariff reductions in the intra-PTA trade. These provisions can be applied only between the PTA members, and they mainly have legal effect during the transitional period of forming a customs union or a free trade area. These provisions are linguistically similar to the multilateral safeguard codes (MSCs), i.e., Article XIX General Agreement on Tariffs and Trade (GATT) and the Agreement on Safeguards (SA), some of them even directly incorporate or copy some of the language from MSCs. This article observes that these bilateral safeguard provisions reveal ‘evolving’ features and can be mapped into three generations. Aside from the great similarity as compared to the MSCs, in the Laissez-faire of PTAs, bilateral safeguard provisions deviate from the WTO rulings: on the one hand, they are more trade-friendly since they primarily limit the form of safeguard measures to tariffs, and the duration is significantly shorter; on the other hand, they deviate from the important value of WTO since the special and differential treatment for the developing countries are hardly addressed in the North-South PTAs, the same applies to the prohibition of ‘grey area’ measure.\u0000bilateral safeguard, WTO, preferential trade agreement, ‘grey area’ measure, de minimis provision, special and differential treatment, Committee on Safeguards","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42452857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reflexions on the Scope and Classification of Logistics Services in Trade Negotiations 关于贸易谈判中物流服务的范围与分类的思考

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021026

Paitoon Varadejsatitwong, R. Banomyong, Puthipong Julagasigorn

引用次数: 0

Old Wine in a New Bottle? Green Industrial Policy and the Use of Safeguards in the Solar Sector 新瓶装旧酒？绿色产业政策与太阳能行业保障措施的使用

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021024

Mandy Meng Fang

{"title":"Old Wine in a New Bottle? Green Industrial Policy and the Use of Safeguards in the Solar Sector","authors":"Mandy Meng Fang","doi":"10.54648/trad2021024","DOIUrl":"https://doi.org/10.54648/trad2021024","url":null,"abstract":"Enhancing manufacturing competitiveness in the solar photovoltaics (PV) sector has been a political priority for numerous countries, with green industrial policies often used to effectuate such priorities. In 2018, safeguards were utilized by the United States as a new form of green industrial policies in the solar PV sector, which was quickly followed by India. Safeguards are distinctly different from other widely employed green industrial policies, and their use threatens the multilateral trading system and impedes much-needed efforts to mitigate climate change. This article seeks to advance the literature on the interaction between green industrial policies and the World Trade Organization (WTO) by exploring the legal considerations and policy implications of employing safeguards in the PV Sector. This article discusses why the WTO would likely find that both the US and Indian measures violate the General Agreement on Tariffs and Trade and the Agreement on Safeguards (AS), but perhaps more importantly reveals several deficiencies associated with the WTO rules and institutional difficulties which may curtail the reduction of trade barriers. This article suggests the negotiation of a plurilateral agreement to eliminate the use of safeguards in the solar PV sector and foster a positive synergy between the trade and climate regimes.\u0000WTO, Safeguards, Green Industrial Policy, Solar PV, Trade Protectionism, Climate Change","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47624379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Restrictions on Trade in Telecommunications: WTO’s Cybersecurity Conundrum 限制电信贸易：WTO的网络安全难题

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021020

Berna Akcali Gur

{"title":"Restrictions on Trade in Telecommunications: WTO’s Cybersecurity Conundrum","authors":"Berna Akcali Gur","doi":"10.54648/trad2021020","DOIUrl":"https://doi.org/10.54648/trad2021020","url":null,"abstract":"This article examines the role of the World Trade Organization (WTO) in balancing the nexus among a rule-based multilateral trade system, national security, and cybersecurity. It presents a historical account of restrictions placed on the telecommunications trade over national security concerns and focuses on the significant political risks thereof for the WTO if these restrictions are challenged at its dispute settlement system. An analysis based on the WTO Panel rulings in ‘Russia – Traffic in Transit’ and ‘Saudi Arabia – Protection of IPRs’ is revealing in this context. It shows that, despite the obvious cybersecurity concerns, the invocation of the national security exception is not straightforward. The turn to power politics and regionalism highlights the significance of multilateral organizations that provide a more inclusive structure to reflect and protect the interests of all their members, not just those that hold positions of power and control. As long as the stalemate at organizations such as the United Nations (UN) and the International Telecommunication Union (ITU) continues, despite the need for a more legitimate, inclusive multilateral framework, the expectation of a ruling on trade-related aspects of cybersecurity will place an unnecessary burden on the WTO dispute settlement system.\u0000Cybersecurity, World Trade Organization, National Security Exception, Telecommunications, Multilateralism, Regionalism, Geopolitics","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48170268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Some Lessons that Might Be Learnt from Brexit Britain’s Trade Negotiations with the European Union 从英国脱欧与欧盟的贸易谈判中可以吸取的一些教训

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021022

Alan Swinbank

引用次数: 1

Export Controls on COVID-19 Vaccines: Has the EU Opened Pandora’s Box? 新冠肺炎疫苗出口管制：欧盟打开了潘多拉盒子吗？

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021016

S. Evenett

{"title":"Export Controls on COVID-19 Vaccines: Has the EU Opened Pandora’s Box?","authors":"S. Evenett","doi":"10.54648/trad2021016","DOIUrl":"https://doi.org/10.54648/trad2021016","url":null,"abstract":"On 30 January 2021 an export authorization regime for COVID-19 vaccines came into effect for shipments from the European Union. While some contend covert export curbs on COVID- 19 vaccines predated this move, the EU’s export authorization regime – which includes provision to prohibit export of vaccine – was the first overt control regime introduced on such vaccines since the beginning of the COVID-19 pandemic. To some observers this step by the European Union confirmed fears that Vaccine Nationalism would disrupt the equitable and efficient distribution of vaccines necessary. While such legitimate global public health concerns provide important context, the purpose of this article is to examine in detail the contents of the European Commission’s implementing regulation for this export authorization regime. Seven grounds are found for concern by the European Union’s trading partners. Having established such cause for concern, the article then lays out five ways in which those trading partners might react, bearing in mind that different trading partners face different circumstances and may respond in different ways. The potential for direct retaliation within the COVID-19 vaccine supply chain is explored as well as cross-retaliation for trade in essential goods and against the affiliates of European Union affiliates located abroad.\u0000COVID-19, Coronavirus, pandemic, vaccines, vaccine nationalism, European Union, export control, public health, supply chain, retaliation","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49467439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

A Soft Landing for Developing Countries and Non-Discrimination in Digital Trade: Possible Lessons from Asian Countries 发展中国家软着陆与数字贸易非歧视:亚洲国家可能的经验教训

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2021-06-01 DOI: 10.54648/trad2021027

D. Collins, Tae-jung Park, Joo-Hyoung Lee

引用次数: 1