{"title":"Barriers to Panel Composition in RTA Dispute Settlement: Evaluating Solutions to a Perennial Problem","authors":"Scott Falls","doi":"10.1017/S1474745622000398","DOIUrl":"https://doi.org/10.1017/S1474745622000398","url":null,"abstract":"Abstract In the wake of the demise of the WTO's Appellate Body, there has been a growing trend of states resorting to the dispute settlement mechanisms under their regional trade agreements (RTAs) to resolve international trade disputes. While the vast majority of these mechanisms have never been used, many contain defective procedural provisions that are likely to slow down or completely derail the dispute settlement process should those provisions be invoked. This is particularly true of mechanisms that effectively permit a respondent to block or delay the composition of a panel to hear a dispute. This article examines the issues of ‘panel blocking’ and panel composition delay tactics in RTA dispute settlement with reference to both past and present practice, and provides a textual analysis of a cross-section of existing RTAs to identify procedural defects and prescribe solutions for ensuring timely panel composition in future disputes.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"22 1","pages":"232 - 254"},"PeriodicalIF":1.3,"publicationDate":"2022-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48414522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘An Introduction to the United States-Mexico-Canada Agreement: Understanding the New NAFTA’ by David Gantz Edward Elgar Publishing: 2020, ISBN 9781839105319","authors":"Iryna Polovets","doi":"10.1017/s1474745622000325","DOIUrl":"https://doi.org/10.1017/s1474745622000325","url":null,"abstract":"The United States – Mexico – Canada Agreement (USMCA), which is a modified and modernized version of the North American Free Trade Agreement (NAFTA), came into effect on 1 July 2020. 1 The USMCA consists of 34 chapters and numerous annexes and side letters, and covers a few new areas compared to NAFTA, such as small and medium-sized enterprises, state-owned enterprises, corruption, and digital trade. Like its predecessor, the USMCA will govern most economic relationships in North America, including more than $1.1 trillion in annual trade of goods and services, 2 for at least the next 16 years. 3 Professor to NAFTA. on NAFTA issues, on NAFTA dispute resolution, served arbitrator proceedings Chapters 11 (investment), 19 (bi-national appeals of anti-dumping/countervailing duty decisions) and 20 (state-to-state dispute settlement). It is therefore no surprise that Gantz would also be the author of one of the first commentaries on the key provisions of the USMCA.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"21 1","pages":"655 - 658"},"PeriodicalIF":1.3,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44238902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From Necessity to Flexibility: A Reflection on the Negotiations for a TRIPS Waiver for Covid-19 Vaccines and Treatments","authors":"B. Mercurio, Pratyush Nath Upreti","doi":"10.1017/s1474745622000283","DOIUrl":"https://doi.org/10.1017/s1474745622000283","url":null,"abstract":"Abstract This article critically examines the proposed waiver of intellectual property (IP) rights for COVID-19 vaccines under the World Trade Organization Agreement's Trade-Related Aspects of Intellectual Property Rights (TRIPS), which was initiated in October 2020 when the pandemic raged and vaccines were unavailable. However, the landscape has now changed and the waiver may no longer be necessary. The Outcome Document, introduced in the TRIPS Council in May 2022, along with Ministerial Decision of June 2022 recognizes this by focusing on easing the requirements to use TRIPS-flexibilities to accomplish wider and cheaper access. In so doing, the Ministerial Decision reinforces the notion that TRIPS flexibilities can be a useful part of the policy toolkit, even in times of crisis. After providing an overview of the context and outlining justifications for the waiver proposal, the article analyses and identifies key implications and possible effects of the Ministerial Decision. The article concludes that while the Document may not be a perfect solution to the issue of access to vaccines, flexible application of TRIPS-flexibilities is a better resolution in the current environment, especially given the need for further innovation to combat COVID-19 and future pandemics.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"21 1","pages":"633 - 649"},"PeriodicalIF":1.3,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45860845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jiani I. Zheng, Shu-bin Zhou, Xing Li, A. Padula, W. Martin
{"title":"Effects of Eliminating the US–China Trade Dispute Tariffs","authors":"Jiani I. Zheng, Shu-bin Zhou, Xing Li, A. Padula, W. Martin","doi":"10.1017/S1474745622000271","DOIUrl":"https://doi.org/10.1017/S1474745622000271","url":null,"abstract":"Abstract This paper examines the economic implications of the tariff increases by the United States and by China during the Trump era trade dispute and the gains from their potential removal. The increases were dramatic, with the US raising tariffs on industrial products by a factor of six – with particularly large tariff increases on intermediate and capital goods – and China increasing its tariffs on US agricultural products more than five-fold. These changes distort trade and production decisions in both countries and undercut the global trading system. They resulted in substantial economic losses to each country, with import volumes reduced by 4.9% in China and 4.5% in the USA, and bilateral trade patterns were massively distorted. Their cost to the United States rose at the end of 2021, when the import expansion provisions of the Trump era Phase One Agreement expired. Negotiating the abolition of these costly and disruptive tariffs would generate substantial real income gains for both countries and help lower US consumer prices.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"22 1","pages":"212 - 231"},"PeriodicalIF":1.3,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46119281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Lessons for International Small and Medium-Sized Enterprises from Counterfeiting Civil Litigations in China","authors":"Chuanzi Cai","doi":"10.1017/S1474745622000192","DOIUrl":"https://doi.org/10.1017/S1474745622000192","url":null,"abstract":"Abstract This study aims to assess the effect of the 2013 trademark law revision (2013 law revision) on judicial remedies in China. The 2013 law revision increased the remedies Chinese courts can grant to plaintiffs, including small and medium enterprise (SME) plaintiffs, thus leading to higher remedies granted to plaintiffs compared to the past years in prevailing cases. This study finds that right after the law revision, the average amount of judicial remedies granted to plaintiffs increased temporarily. Meanwhile, the detailed judicial reasonings, foreign plaintiffs, and company defendants have stronger positive effects than product types and the year of decisions on the amount of monetary relief. These findings suggest that certain factors in cases may increase the remedies in trademark civil litigation. Therefore, SME plaintiffs should pay attention to core factors for litigation strategies, including preliminary injunctions, choice of defendant, choice of venue, and evidence in remedy collection.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"21 1","pages":"550 - 572"},"PeriodicalIF":1.3,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48593173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}