WTO / INTERNATIONAL TRADE LAW Research Papers (original) (raw)

This Textbook has been prepared with financial assistance from the European Union. The views expressed herein are those of the authors and therefore in no way reflect the official opinion of the European Union nor the Ministry of Industry... more

This Textbook has been prepared with financial assistance from the
European Union. The views expressed herein are those of the authors and
therefore in no way reflect the official opinion of the European Union nor
the Ministry of Industry and Trade

- by Thắng Nguyễn Phúc
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- NPT, UEL, WTO / INTERNATIONAL TRADE LAW, WTO/GATT

Governments impose prudential regulations to ensure the stability of the financial sector and protect depositors and investors. However, these regulations may also restrict trade in financial services. The Annex on Financial Services of the World Trade Organization's ('WTO') General Agreement on Trade in Services ('GATS') contains an exception allowing countries to take measures for 'prudential reasons' to protect the 'integrity and stability of the financial system' or to 'protect investors, depositors, policy holders or persons to whom a fiduciary duty is owed by financial service suppliers'. Corresponding provisions appear in numerous other trade and investment agreements. The WTO has now issued its first ruling on the prudential exception in Argentina — Financial Services. The ruling of the Panel recognizes the policy space necessary for countries to determine their own prudential reasons for taking measures. As disputes regarding prudential exceptions are likely to increase in the coming years, two key challenges remain in applying such exceptions: adopting an integrated international approach to prudential regulation, given the diverse views held amongst countries; and identifying effective measures in preventing risks to the financial sector. * The authors thank Colm Blaney, Matthew Hodgson, Constantinos Salonidis, Elizabeth Sheargold and Tania Voon for their helpful comments on earlier drafts.

- by Sheela Rai
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- WTO / INTERNATIONAL TRADE LAW

This report is a commentary on relevant Intergovernmental and Host Government Agreements on oil and gas transit pipelines in several parts of the world. The following questions serve as the basis for the commentary:1. To what extent can common principles and regional specificities be derived from the agreements gathered?2. How does the content of the agreements relate to the Energy Charter Model Agreements on Cross-border Pipelines and the provisions of the draft Transit Protocol (text as of January 2010)? 3. What recommendations can be made in view of the possible agreement on common principles or rules on Transit and Cross-border energy flows in the Energy Charter context?The Energy Charter provides principles for cross-border cooperation in the energy industry among the states of Eurasia. The Energy Charter Secretariat produced a second edition of Model Intergovernmental Agreement (Model IGA) and Host Government Agreement (Model HGA) for cross-border pipelines (together defined a...

Soon after becoming a World Trade Organization Member, Turkey established a Customs Union with the European Union, its biggest trade partner. Despite negotiating an average 42.6 percent tariff on slightly more than one-third of industrial goods—leaving remaining industrial goods unbound from World Trade Organization commitments—Turkey, pursuant to the Customs Union, eliminated all tariffs on European Union industrial imports. Turkey also implemented the significantly lower European Union Common External Tariffs—bindings averaging 4.1 percent—on all industrial imports from other World Trade Organization Members. In return, Turkey expected the Customs Union to be the ticket to eventual, full European Union membership. Following the non-binding yet politically significant July 2017 European Union Parliament vote suspending accession talks and the recent European Union Council ‘conclusion’ foreclosing negotiations toward ‘modernization’ of the Customs Union, Turkey’s hopes for membership or a less asymmetric Customs Union have faded. This article explains why Turkey’s switch from Customs Union to pursuing free trade agreements with the European Union and other countries would advance its overall trade interests and sketches how this move could be operationalized, both legally and transactionally. (JEL: F13, F53, F55).

The crisis on trade cooperation resulted in an impasse in the appointment of new Appellate Body members in the World Trade Organization (WTO) . As of December 11th, 2019, the number of judges on the Appellate Body was reduced to only one member. Its primary function of adjudicating international trade dispute appeals and adopting Panel reports was brought to a grinding halt after a progressively successful career. This unfortunate demise threatens to derail the multilateral rules-based trade regime that has regulated and even burgeoned the global economy for more than seventy years. This paper assesses some of the factors that threatened to unravel the WTO regime and suggests possible opportunities to move forward with a rules-based system of international trade.

- by Sher Maharaj
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- WTO Trade Topics, WTO law, WTO Dispute Settlement, WTO
- by Xiao'ou Zhu
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- WTO Trade Topics, WTO law, WTO Dispute Settlement, Interlectual Property
- by Patricia Jamelska
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- Economics, Australia, Tobacco, WTO Trade Topics

Los puntos de control fronterizos son centros de condensación de cargas y personas en donde convergen numerosos sectores e intereses, nacionales e internacionales, y toda iniciativa que procure agilizar los flujos internacionales, debe prestarles prioritaria atención.
La Gestión Coordinada de Fronteras (GCF) precisamente implica la coordinación de los Servicios Públicos y del Sector Privado con el objetivo de mejorar el control fiscal, la seguridad fronteriza y la facilitación del comercio, así como el tránsito de personas, en un marco de eficacia y eficiencia en el uso de los recursos.
En el presente artículo se analiza dicha situación con todas las fronteras terrestres de la República Argentina, incorporando asimismo un Mapa Infográfico de localización.

- by Hector Hugo Juarez
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- WTO Trade Topics, Export-Import, Borders and Frontiers, WTO
- by Varun Mishra
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- Trade Law, WTO / INTERNATIONAL TRADE LAW
- by Arooj Malik
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- WTO Trade Topics, WTO law, WTO Dispute Settlement, WTO

Unifying all the Complexity identifies that the international transaction of goods and services is highly complex and can be harmonized to a limited extent. The key tool that attempts to do this, the Contracts for the International Sale... more

- by Saptarshi Masid
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- International Trade, WTO / INTERNATIONAL TRADE LAW

In spite of substantial economic growth of nations, there still persist conflicting views among developed and developing countries for retaining a strong intellectual property regime in their municipal laws. For instance, the debate on competition laws and feasibility of having monopolistic tendencies as emphasized by the jurisprudence of IP laws still appears to haunt the think-tank of developing nations like India. The fact that developing countries vary widely in the quality and capacity of their scientific and technical infrastructures, poses a major hurdle to the extent of applicability of IP, particularly, patent laws. Having a uniform IP standard across the globe undoubtedly seems to be an idealistic situation, but the issue certainly involves numerous micro and macro considerations which needs to be considered. The aim of the present paper is to analyze the impact of a strong IP regime on the economic development of a nation. As is well understood, IP protection is an important determinant of economic growth. It helps entrepreneurs to recover costs of their innovative expenses. Undoubtedly, IP systems must be developed so as to bring in socioeconomic well-being of the people. However, the incentives for the same needs to be analyzed critically considering the conflicting views of various stakeholders at the WTO platform. Having strong IPR actually provoke IPR infringements in many developing nations also seems to be a serious issue which needs to be considered while comprehending the need for the strong IPR regime. The trade-off between unfair competition laws and IP also assumes importance of high magnitude and hence needs to be debated.

The introduction of a regulatory framework in the area of collective management of rights must have been intended to strengthen the creative industry, but unfortunately it has thrown the industry to a battle field and ironically a regulated against a non-regulated. This work analyzed the regulatory framework of the Collective Management Organization in Nigeria and need for an effective regulatory framework.

- by Manzoor Elahi
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- Law, Islamic Law, Constitutional Law, International Economics

Il presente elaborato intende proporre al lettore un’analisi delle misure commerciali restrittive che diversi paesi hanno adottato durante il periodo di pandemia Covid-19, atte a limitare o vietare le esportazioni di dispositivi di protezione individuale (DPI). L’obbiettivo principale è quello di ricostruire l’evoluzione del mercato internazionale di questi dispositivi durante la pandemia, andando ad osservare come l’interruzione delle catene di approvvigionamento mondiale abbia sollevato una serie di questioni e problematiche per i paesi importatori.

- by Gianluca Legé
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- Economics, European Law, International Law, International Development

As a highly compromising and flexible agreement, the Agreement on Trade Facilitation (hereinafter " TFA " or " the agreement ") may shed light on the future direction of the world trade regime. Going beyond the tariffs and border, the agreement is featured with good governance requirements. Its delicate relationship with free trade agreements (hereinafter " FTAs "), the domestic law, and existing World Trade Organization (hereinafter " WTO ") agreements deserves attention and carries important implications. What is the relationship between of the TFA and non-WTO rules? How do existing WTO agreements apply to the TFA explicitly or implicitly? What is the interpretative challenge? In addressing these issues, the holistic approach is needed. It remains to be seen how the TFA fits to the world trade regime in the future. other student assistants. Special thanks go to the editors for their excellent job. All mistakes remain mine. This study was funded by the bilingual teaching model course development project " Case Study on International Trade Law " , and Fok Ying Tong Education Foundation (project number 131109).

- by Heng Wang
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- WTO / INTERNATIONAL TRADE LAW

Sanctions are by their nature discriminatory trade barriers and prime facie conflict with World Trade Organization (WTO) obligations if undertaken between WTO Members. However, General Agreement on Tariffs and Trade 1994 (GATT) Article XXI (‘security exceptions’) expressly permits WTO Members to impose sanctions in certain situations. GATT art XXI(c) definitively covers only sanctions mandated by Security Council resolutions under ch VII. GATT art XXI(b), while allowing Members considerable discretion in taking unilateral sanctions on national security grounds, is nonetheless subject to more intensive review by WTO dispute settlement panels and the Appellate Body. A third type of sanction, in addition to UN and unilateral sanctions, is the so-called ‘hybrid’ sanction, which is related to but exceeds the scope of a ch VII resolution. In those circumstances, art XXI(c) will excuse that portion of the sanctions regime that complies with the ch VII resolution, but art XXI(b) must be relied upon to excuse the remaining portion. Specifically, for a WTO Member to justify measures pursuant to GATT art XXI(b), it must have determined that the scope of the relevant resolution leaves its essential security interest exposed, such that it considers trade restrictions necessary to protect them.

- by Andrew D Mitchell
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- WTO / INTERNATIONAL TRADE LAW, WTO/GATT

Since the revolution in modern telecommunications that followed the invention of the telegraph, telecommunication networks have provided channels for the fast delivery of communications across national borders. This transnational nature of telecommunication networks have led to the establishment of international regulatory regimes on the subject. On the other hand, developing countries consider regional economic integration as a major strategy for promoting trade and development, telecommunications have been seen within this context as a strategic tool for facilitating regional economic integration. This has also led to the establishment of regional telecommunication regulatory regimes that aim to promote regional integration and regulatory harmonization. This book discusses telecommunication regimes established by international and regional organizations such as the United Nations, the International Telecommunication Union, the World Trade Organization, the African Union, the Economic Community of West African States, and the Southern African Development Community, among a number of others. It will be relevant to policy makers, regulators, lawyers, law students, investors and telecommunication operators, as well as any person interested in international and African regional telecommunication regimes.

- by Uchenna Jerome Orji
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- African Studies, International Law, Telecommunications, United Nations

The epidemiology and political economy of the global health gap has provoked struggle over TRIPS and access to medicines for HIV/AIDS and other health needs in developing countries. This in turn raises broader questions about the WTO regime’s impact on health and its relationship to other international legal norms, such as states’ legal obligation to realize progressively the human right to the highest attainable standard of health. A critical review of WTO treaties and jurisprudence identifies concerns with the regime’s treatment to date of health-related measures. In WTO dispute settlement, a state’s binding human rights obligations must not only guide WTO treaty interpretation but be given full effect, in line with the international legal hierarchy in which human rights norms are “constitutional”, enjoying primacy over other norms such as WTO intellectual property rules. This hierarchy can and should be reflected in the creation, interpretation and operation of the WTO regime.

Стаття присвячена аналізу структури та змісту дисципліни «Право СОТ». Наводяться аргументи щодо необхідності уніфікації її термінології, підкреслюється важливість розробки комплексного курсу з «Права СОТ». Вказується, що дисципліна «Право СОТ» має бути загальнообов’язковою для підготовки студентів-правників та суддів господарських судів.
Ключові слова: право СОТ як навчальна дисципліна, уніфікація термінології СОТ.

- by Dmytro Chybisov
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- WTO law, WTO / INTERNATIONAL TRADE LAW, WTO as academic discipline

Abstract:
The Uruguay Round of Agreement promised the new changes to previous dispute settlement system formed under GATT 1947. The imposition of sanction as it was under previous GATT was promised to be inoperative and was no longer to be vetoed unilaterally as per the WTO. The impartiality towards all member countries were also promised by WTO 1995 based on more legalistic approach to protect the bargaining power of member countries which was based on Market size of each individual member country thus developed countries as well as developing countries and LDC’s
were to be beneficiary’s.
The dispute settlement understanding was deemed to be in favour of developing countries, but the WTO documents reveal that it was actually the United States with the support of some developing countries who got the GATT’s veto rule eliminated.1 Initially few developing countries supported the new DSU but most of them were against the new DSU system as they were asking for special and differential treatment.
As Developing Nations and least-developed nations are frequently the subject of unjust behavior by rich countries, the majority of least-developed countries, even as third parties, are unwilling to approach the DSM. (Members of the WTO that participate in the lawsuit as a third party are those impacted by the infringement, but not directly involved, that a nation submits as a complaint to the DSM. Third parties engage in a legal procedure by joining the complainant in the role of a 'next friend' in order to support the plaintiff's case.) The little usage of the DSM by the poorer developing nations is regrettable since this method may frequently achieve more progress than the negotiating consensus approach.

- by Dr. Sheikh Inam Ul Mansoor
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- WTO / INTERNATIONAL TRADE LAW

In a short period of time, Covid-19 has become much bigger than just a health problem. Among other things, it has disrupted the global economy and world trade, with the biggest negative impact of the pandemic outbreak in the international services sector. During the Covid-19 crisis, in order to preserve the national economy, states started introducing trade-related measures. These measures had the potential to disrupt trade flows, supply chains, and eventually even the whole system of world trade. The paper examines the compliance of trade restriction measures taken in response to Covid-19 with the WTO rules and what the policy of the WTO was during this crisis. Since the elimination of trade restrictions is one of the WTO basic principles, this introduction of a number of restrictions had to meet certain preconditions prescribed by the WTO agreements, such as transparency, temporality, and not being discriminatory towards different countries, etc. Since the Covid-19 crisis is still ongoing, we concluded that most countries have introduced some form of trade policy measures, most of them in the form of technical barriers to trade and sanitary and phytosanitary measures, and that the introduced measures will not all be removed as long as there is an existing threat and insecurity.

Las relaciones económicas internacionales se apoyan en permanentes e imbricados procesos de cooperación y de integración internacional. Dichos procesos, si bien fortalecen la convivencia entre las naciones, también abren el espacio a dinámicas supranacionales que ponen en entredicho la supremacía del Estado-nación en el escenario de las relaciones internacionales, al igual que lo hace el regionalismo subnacional. Los tratados internacionales, tanto multilaterales como regionales, están transformando el escenario global de relaciones entre los territorios; pero la magnitud y enfoque de los cambios en el tablero de las relaciones internacionales depende también del tipo de tratado que se gesta en cada situación: intergubernamental o supranacional. En este contexto, el ejercicio extendido de soberanía se presenta como una posible explicación al nuevo mundo, en lugar de la tradicional interpretación de una pérdida parcial de soberanía por parte de los estados.

- by Giovanny Cardona
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- International Relations, WTO Trade Topics, International Cooperation, WTO law

This Article examines the role of international law in the innovation and transfer of green technologies in the context of South-South cooperation. It argues that collaboration merely between developed and developing countries is insufficient and that cooperation among advanced developing and developing countries is essential. To ensure wide innovation and transfer of green technologies, international laws dealing with climate change and international trade related issues must play major roles. As such, this Article demonstrates how these branches of international law can facilitate South-South cooperation in the innovation and transfer of green technologies and proposes methods for creating a favorable environment for innovation and transfer in light of the global climate regimes and trade-related legal frameworks.

ABSTRACT
The world wide revolution and expansion of societal use of the internet and social media is giving rise to new laws and potential liabilities in cyberspace due to the expansion, growth and development of information and communication technology (ICT). Under the intellectual property context, copyright protects expression of the ideas and not ideas itself. Not only authors and inventors are protected with copyright and patent laws respectively, but both copyright and patent law are applicable and used to the protection of software. One form of protection is arguably more better than the other and there are strong debates on these two forms of protection of software up todate. Software is widespread, affecting almost every aspect of human life in all parts of the world since long time. This study will provide the explanation, each side offers as to the respective superiority of intellectual property protection under patent laws and copyright laws and clearly show the existence that new technologies are challenging bright line separations between the two forms of protection under the intellectual property. There is a need of having standpoint of which is the better way to protect software program, either by copyright, patent law or both, or better to have protection of software by Sui generis which will cover software programs, and to create a new rights for programs which will reward and protects internal and external functional aspects of programming.

- by Rehema Uroki
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- Constitutional Law, International Economics, Intellectual Property, Copyright

This project involves an analysis into the interpretation of ‘like products’ as it occurs under Article III of the GATT with the help of the major case laws resolved by the WTO. The objective is to understand the approach taken in different interpretations of “like products” and thereafter, examine the merits of the same in light of the purpose of Article III. The first phase of the project takes up the intricacies of the concept of “likeness” in detail. This is followed by a critical analysis into different sources that are authorities in the interpretation of the term, including the 1970 Working Party Report and different case laws resolved by GATT/WTO. The final phase involves a very brief view of the ‘cultural exception’ to national treatment obligation.

This is the world with money, markets, business, trade and investment. These things are changing this world very quickly. In this competitive and progressive world of trade and business, the World Trade Organization (WTO) and its dispute settlement system have a crucial role to play. Dispute settlement system of World Trade Organization (WTO) has become one of the significant international tribunal.

The current article makes an attempt to analyze the probable fallout from Britain's exit (Brexit) from the European Union (EU) on the apparel industry of Bangladesh. There is widespread apprehension that repercussion of Brexit on the country's most important export sector would be profound because of its close trade links with the UK and EU. Applying partial equilibrium analysis, this paper finds that 'Hard Brexit' outcome would create significant negative impact on Bangladesh's apparel export. It identifies that in the post-Bexit regime the apparel exports of Bangladesh to EU and UK will suffer as demand for this product might decrease in these regions. This reduction in turn will also likely to reduce the total production of the sector. The article further argues that these changes have direct consequences for the employment of female workers who are literally the lifeline of the apparel industry of the country.

In the following paper economic diplomacy and international trade are analysed. The authors examine the basic components of economic diplomacy, its tools, objectives, and strategy. The article also overviews the transformation of the international trade agenda and the impact of globalization on trade policy. Multilateral initiatives in the framework of the World Trade Organisation, free trade, and open market are viewed as drivers in the long run. However, against the backdrop of globalization and pandemic, economic diplomacy remains a challenge. The authors suggest the WTO elaborate agenda and start procedural actions that would set the countries' economic, trade, and investment policies in alignment with their foreign and domestic policies to address the backlash against all-embracing globalization. It is concluded that successful economic diplomacy should be grounded on a rules-based multilateral system, norms, and standards, broader foreign policy aims, bilateral and multilateral agreements, greater transparency, as well as a pluralistic approach to global rules to strengthen the multilateral trade system.

The following article reviews the trade policies and practices of Georgia as well as Georgia-WTO relationship. The authors focus on Georgia's recent economic performance, including Association Agreement (AA) with the European Union that contributed powerfully to stabilising Georgia's trade legislation and reinforcing domestic economic reform. The Association Agreement between Georgia and the European Union and its member States aims at Georgia's gradual economic integration into the EU Internal Market, through the establishment of the DCFTA, which should provide for far-reaching market access based on sustained and regulatory approximation. The study reveals the importance of the World Trade Organization, main trade agreements and arrangements with Georgia as a developing country. It demonstrates that effective trade stabilization in the WTO can be achieved by the implementation of specific WTO's regulations on trade, economic and legal spheres. One of the reasons for the special success of the WTO is systemic exceptions for developed countries and states with special needs (country like Georgia) that contributes to the development of international trade through progressive liberalization and the comparative advantage of the states when carrying out trade. The example of Georgia shows very well that so far the country has not been able to actively apply all the advantages that can be used within the framework of international or regional organizations, at least for the simple reason that the country does not possess the appropriate infrastructure for bringing innovative products to foreign markets, and thus accumulate more economic wealth. This case study evidences and confirms that while the accession process to the WTO is challenging per se, it is part of a process of domestic reforms that triggers growth and economic benefits.

- by Giuseppe Morgese
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- Intellectual Property, WTO Trade Topics, Intellectual Property Law, WTO law

The Transatlantic Trade and Investment Partnership (TTIP) has caused a shift in the debate on international trade issues and is questioning the basic topdown strategy. Never before has such resistance occurred concerning trade issues. So far, hundreds of other FTAs have been negotiated by the EU and U.S. with economically weaker states and (before the ratification of the Treaty of Lisbon of 2009) by EU member states, without considerable resistance by the people at large. In this paper, using the argumentative discourse analysis, I will attempt to explain the intensive debate on the current negotiated TTIP
located against the contextual backdrop of trade policy and its key benchmarks.
While I will focus on the debate about the TTIP in Germany as one of the most influential countries in Europe, I argue that opponents have managed to make a
substantial influence on the path of negotiations and consequently on the topdown process of TTIP. Hence, I speak of an early failure of the top-downprolicy which has increasingly transformed into a bottom-up process, influenced by civil society organizations. Finally, it was the public which took
the leading role in the TTIP-debate by making demands for a forward-looking global policy that does not foster the destruction of environment and which is ultimately geared to accounting for and fulfilling the needs of the people.

- by Kanika Ahuja
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- International Trade, WTO Trade Topics, WTO law, International trade law
- by Asper Review and +1
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- International Law, Private International Law, Public International Law, Hate Speech

A rapid scale-up and deployment of sustainable energy sources is a critical for climate change mitigation. Expanding sustainable energy, however, requires a holistic approach to global energy governance. The Energy Charter Treaty and the World Trade Organization are two important regimes that affect trade and investment activity in the energy sector, with consequent implications for climate change mitigation efforts. This paper examines the evolution of the relationship between both institutions, aims to identify the nature of the ever-changing nexus between the two treaties and discusses three possible scenarios for their interaction with an eye to strengthening future energy governance.

- by Anna Marhold, PhD (EUI)
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- Environmental Law, Climate Change, Natural Resources, International Law