Apesar de o fluxo de comércio afetado por medidas antidumping não chegar nem a 1% do comércio global, aproximadamente 20% das disputas na OMC são sobre antidumping. A OMC é um órgão intergovernamental e seu sistema de solução de controvérsias tem por objetivo analisar se as medidas adotadas por seus Membros estão em conformidade com os compromissos assumidos nos acordos abrangidos. O Acordo Antidumping da OMC (ADA) estabelece os procedimentos investigatórios a serem seguidos por seus Membros para combater o dumping que comprovadamente causa dano à indústria doméstica. O objetivo é evitar que sejam adotadas medidas em circunstâncias descabidas, com o mero intuito protecionista de criar barreiras ao comércio. O dumping é uma prática do setor privado e não dos governos. Portanto, não é o dumping que é questionado perante a OMC, e sim a obediência pela autoridade investigadora dos procedimentos investigatórios estabelecidos no ADA. Tanto os órgãos da Administração Pública como a OMC exercem uma função fundamental para que o devido processo legal seja observado em matéria antidumping. A função legislativa é criar as normas que regularão o procedimento, a função executiva é aplicar/monitorar o procedimento...
This paper focuses specifically on the relationship between World Trade Organization (WTO) agreements and American regulation of food products and additives. Section I provides background information on how the United States regulates domestic and imported food products. Section II explains the nature of the WTO agreements and the WTO dispute settlement process; discusses the WTO dispute between the EU, Canada, and the US over administration of growth hormones to increase beef production (Meat Hormones); reveals parallel domestic issues in the US regarding scientific uncertainty and the effect of federalism on state sovereignty; and considers the relationship between food regulation and environmental ethics in the context of three WTO panel reports (Tuna I, Tuna 11, and Shrimp). Finally, Section III considers the domestic policy implications of the WTO agreements as interpreted by the WTO dispute settlement body and applied in the context of food; and makes recommendations as to how concerned parties should continue to act, at both the national and international levels, to address the difficult issues raised in the Meat Hormones, Tuna, and Shrimp disputes.
In this paper, the authors explore the
complex, long, and unique process of accession to the World
Trade Organization, with its intertwined economic, legal,
and political dimensions. Referring to country case studies
and sector-specific issues, the paper organizes some of the
current reflections on the topic around three main themes.
First, it explores the rationale of accession to the World
Trade Organization: Why would new members join the WTO? And
why would incumbent members let new members in? Second, it
analyzes the World Trade Organization accession process in
detail: What are the main characteristics and challenges of
the accession process? Has it evolved over time, and how?
Third, the paper looks at the implementation of World Trade
Organization accession deals: Is accession the end or the
beginning of the story? What are the implications for the
participating countries and the multilateral trading system?
This paper summarizes the principal
reform commitments that Russia has undertaken as part of its
World Trade Organization (WTO) accession negotiations,
providing detailed assessments in banking, insurance, and
agriculture. The paper assesses the gains to the Russian
economy from these commitments, based on a summary of
several modeling efforts undertaken by the author and his
colleagues. The author compares Russian commitments with
those of other countries that have recently acceded to the
WTO to assess the claim that the demands on Russia are
excessive due to political considerations. He explains why
Russian WTO accession will result in the elimination of the
Jackson-Vanik Amendment against Russia. Finally, he
discusses the remaining issues in the negotiations and the
time frame for Russian accession as of the fall of 2007.
This paper is the introduction and summary chapter of the 43 chapter volume entitled Handbook of Trade Policy and WTO Accession for Development in Russia and the CIS. The key policy conclusions of each of the chapters are highlighted in this paper. The Handbook will be published only in Russian in 2005, but an English language version of the majority of the papers described here is available on the website www.worldbank.org/trade/russia-wto. This paper first explains the potential importance of World Trade Organization (WTO) accession as a development tool, and discusses the recent successful development models and the role of trade policy in their development. The paper then summarizes the three parts of the Handbook. The first part treats trade policy (with applications to Russia and the Commonwealth of Independent States [CIS]). The second part treats World Trade Organization institutions and disciplines, again with Russia and CIS applications. And the third part focuses on various aspects of the impact of WTO accession on Russia. The numerous papers that relate trade policy and WTO accession to experience in Russia and the CIS are likely to be of special interest to native English speakers, since these papers are new to the literature. The papers in the Handbook are intended to be non-technical materials accessible to a wide policy audience. The Handbook forms the basis of a World Bank Institute course on trade policy and WTO accession...
This study focuses on the application of international treaty, especially the WTO Agreement in China. The study generally clarifies the theories on the problem of treaty application and supports the further development of these theories. It also opens a window to foreign investors and researchers, who are affected by and interested in economic law practice in China. Furthermore, the investigation and conclusion should be suggestive and contribute to the current legal reform and the adjudicating work of Chinese judges in this field.
After a short introduction in the first chapter, the second chapter introduces the arduous course of China’s WTO accession from 1946 to 2001 in four phases. The third chapter systematically introduces the relationship between international law and domestic law and the theories of the problem of the application of treaty in western academics. The fourth chapter researches the Chinese approach on the application of treaty. Based on the result of this chapter, the fifth chapter does comprehensive analysis on the application of the WTO Agreement in China. In Chapter Six, the author gives a conclusion on all the results investigated above.; Die vorliegende Arbeit umfasst die Frage der Anwendbarkeit des internationalen Vertrags in China...
Plurilateral agreements in the WTO context allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories, and thus allow for ‘variable geometry’ in the WTO. Plurilateral agreements share a number of features with preferential trade agreements (PTAs) that are increasingly used by governments to liberalize trade in goods and services. This paper discusses the current institutional framework that governs these two alternatives, and that distinguishes them from the general, nondiscriminatory agreements that are negotiated among—and apply to—all WTO Members. Current WTO rules make it much more difficult to pursue the plurilateral route than to negotiate a PTA. We review the arguments for and against making it easier for “issue-specific” clubs to form in the WTO, and discuss how concerns raised by some WTO Members regarding the potential negative impact of plurilateral agreements on the multilateral trading system might be addressed. We take the view that action to facilitate the negotiation of plurilateral agreements in the WTO should be considered and that the potential downsides for the multilateral trading system can be managed.
The article offers an ‘insider story’ of the establishment of the Office of Legal Affairs in the General Agreement on Tariffs and Trade (GATT 1947) in 1982/83 and of its increasing involvement in assisting GATT dispute settlement panels and the Uruguay Round negotiations on a new World Trade Organization with compulsory jurisdiction for the settlement of trade disputes (Sections I and II). The transformation, within only one decade, of the anti-legal pragmatism in GATT 1947 into the compulsory WTO dispute settlement system amounted to a ‘revolution’ in international law. But the ‘public reason’ governing the GATT/WTO dispute settlement system remains limited, notably by (1) the domination of GATT/WTO decision-making by governments interested in limiting their own legal, democratic and judicial accountability vis-à-vis citizens for their often welfare-reducing trade restrictions and distortions; (2) the deliberate neglect for the customary law requirements of interpreting treaties and settling related disputes ‘in conformity with principles of justice and international law’, including ‘human rights and fundamental freedoms for all’; (3) the treatment of citizens as mere objects of GATT/WTO law and institutions rather than as ‘democratic principals’ of all governance institutions...
At the 9th Ministerial Conference of the WTO in Bali it was agreed to develop a work program to conclude the long-running Doha round. This report argues that any work program should recognize that goods and services are increasingly produced in international supply chains. Many of the policies impacting on supply chain trade are on the negotiating table; others are not. The WTO takes a “silo approach”, addressing policy areas in isolation. This may reduce the relevance of WTO agreements as the marginal effect of agreement on one policy instrument may be minimal if the cost-raising effects of others are not addressed in parallel. Complementing market-access and rule-making negotiations with a supply chain framework may help to construct an overall package spanning the different policy areas that are on the table, and to identify policy areas that are not, but should be discussed. Greater use of the WTO for deliberation on trade policy matters and learning from the experience of regional trade agreements, complemented by an effort to create greater space for new plurilateral agreements among groups of WTO Members, could help bolster the relevance of the WTO as a forum for multilateral cooperation on trade.
The WTO is regarded as one of the few successes of (proto-) constitutionalism in response to globalization. However, the rapid deepening of economic integration that has occurred in recent decades has meant that the relevant civil society is less obviously well-represented by nation-state representatives, while the expansion in WTO membership and its coverage implies a constitutional claim that neither the WTO process nor the resulting structure supports. This paper characterizes the challenges confronting the WTO through the lens of constitutionalization. It discusses the link between globalization and interest in the WTO; what constitutionalization might mean for the WTO; and considers two models of constitutionalization in the WTO: an “English” model of court made law without a discrete constitutional moment; and an “American” model of a constitutional convention.
WTO judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first- as well as second instance WTO judges (e.g. Panelists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the GATT. Whereas the legal regime has been heavily ‘legalized’, the people called to enforce it remain the same.
Diese Dissertation widmet sich der Aussetzung von Zugeständnissen oder sonstigen Pflichten im Rahmen der Welthandelsorganisation (WTO). Dabei soll sie einen Beitrag zu der Frage leisten, wie die Schiedsrichter diese Aussetzungen begreifen. Konkret befasst sich diese Arbeit mit der Frage, wie die Schiedsrichter die einschlägigen Normen auslegen und wie sie juristisch argumentieren, um den Aussetzungsumfang zu bestimmen.
Nach dem einführenden Kapitel werden im zweiten Abschnitt die wichtigsten Ziele der Aussetzung von Zugeständnissen oder sonstigen Pflichten in der WTO erörtert, wobei der Schwerpunkt auf "to induce compliance" und "to rebalance concessions" liegt. Das erste Ziel deutet auf größtmögliche Anreize, damit der Beschwerdegegner die Rechtsverletzung beseitigt. Sinn des zweiten Zwecks ist, das Gleichgewicht der Vorteile zwischen den Parteien, das durch die Rechtsverletzung verletzt wurde, wieder herzustellen. Die Entscheidungspraxis erkannte oft ein Spannungsverhältnis zwischen beiden Zwecken. In dieser Arbeit werden drei Ebenen vorgestellt, anhand deren die herrschende Interpretation systematisiert und ein Beitrag zum Verständnis und zur Lösung dieses Spannungsverhältnisses geleistet wird.
Der Umfang der Aussetzungen hängt vom Umfang der zunichte gemachten oder geschmälerten Vorteile ab...
In March 1999, the Department of Foreign Affairs and Trade ("DFAT") sought public input in formulating Australia's approach to negotiations in connection with the third World Trade Organisation ("WTO") Ministerial Conference to be held in Seattle in November and December 1999. The call for public submissions suggested a number of important issues and areas for consideration. Disturbingly, however, DFAT did not deem the relationship between environmental protection and international trade important enough to mention specifically. Perhaps, though, this was not so surprising at the time. A press release from the WTO about the Ministerial Conference omitted any reference to the environment. Moreover, Member States of the WTO did not seem any more predisposed to consider the issue in Seattle. Of the 90 plus communications received by the WTO General Council from various states on the upcoming ministerial conference, only Switzerland and Norway raised the possible inclusion of the issue of the relationship of trade and environment for discussion. Such a state of affairs made the much touted March 1999 High-Level Symposium on Trade and Environment held under the auspices of the WTO appear to have been merely lip service. This appearance of empty rhetoric was a paramount concern of legitimate protestors in Seattle. Clearly...
The end of the long process of China’s accession to the World Trade Organisation is in sight. How will entry into the WTO affect China’s economy? The work reviewed in this paper shows that China will gain substantially from WTO accession. It will gain from the reforms that it has committed to as part of the accession process. It would gain far more from accession, which will give access to the commitments made by WTO members in the Uruguay Round. The value to China of reforming its services sector and restrictions on investment will also be significant. WTO accession also helps the Chinese government achieve domestic support for its reform agenda by tying domestic reforms to gains from liberalisation in the rest of the world. WTO accession and liberalisation will have significant long-term effects on China’s structure of production and on patterns of trade, and should speed industrial upgrading. China’s liberalisation and structural adjustment can affect the economies it competes with in world markets, for example some of the ASEAN members. However, when liberalisation takes place in the context of a wider program of reform (in the WTO or in APEC), a greater number of sectors are involved and the gains are distributed more broadly. Significant uncertainties remain – the most significant being whether other members will implement their Uruguay Round commitments on textiles and clothing. The accession agreements do not address the risk to China that other countries will resort to anti-dumping actions to protect their industries. The WTO processes also seem unable to deal with another increasingly important source of anxiety – the growth in preferential arrangements. Dealing with these issues requires further work in the WTO...
The increasing use of Internet and the potential of e-commerce give rise to important policy issues relating to both national economic policy and multilateral rules of international trade. Motivated by the argument that the liberalization commitments made at the World Trade Organization (WTO) may have a major impact on the e-commerce development, this research aims to investigate the relationship between WTO commitments and e-commerce diffusion in developing countries by using China’s coastal urban area as a case study.
Taking critical realism as the underlying philosophy, the research develops two process models to answer the research questions. The model at the lower level focuses on the single process of how the WTO commitments can affect an individual infrastructural sector related to e-commerce. It was developed by analyzing the four most important e-commerce input sectors: telecommunications, banking, logistics and express delivery, and information technology (IT). The model at the higher level is a network combining the processes at the lower level, examining the overall effects of WTO commitments on e-commerce diffusion. Nine propositions were made from the higher-level model.
Conclusions are drawn from outcomes in verifying these propositions. The WTO commitments are found to have indirect effects on liberalization in telecommunications...
Many fear China's accession to the
World Trade Organization (WTO) will impoverish its rural
people by way of greater import competition in its
agricultural markets. Anderson, Huang, and Ianchovichina
explore that possibility bearing in mind that, even if
producer prices of some (land-intensive) farm products fall,
prices of other (labor-intensive) farm products could rise.
Also, the removal of restrictions on exports of textiles and
clothing could boost town and village enterprises, so demand
for unskilled labor for nonfarm work in rural areas may grow
even if demand for farm labor in aggregate falls. New
estimates, from the global economywide numerical simulation
model known as GTAP, of the likely changes in agricultural
and other product prices as a result of WTO accession are
drawn on to examine empirically the factor reward
implications of China's WTO accession. The results
suggest farm-nonfarm and Western-Eastern income inequality
may well rise in China but rural-urban income inequality
need not. The authors conclude with some policy suggestions
for alleviating any pockets of farm household poverty that
may emerge as a result of WTO accession.
Critical appraisals of the current and
potential benefits from developing country engagement in the
World Trade Organization (WTO) focus mainly on the Doha
Round of negotiations. This paper examines developing
country participation in the WTO dispute settlement system
to enforce foreign market access rights already negotiated
in earlier multilateral rounds. The dispute data from 1995
through 2008 reveal three notable trends: developing
countries sustained rate of self-enforcement actions
despite declining use of the Dispute Settlement
Understanding (DSU) by developed countries, developing
countries increased use of the DSU to self-enforce their
access to the markets of developing as well as developed
country markets, and the prevalence of disputes targeting
highly observable causes of lost foreign market access, such
as antidumping, countervailing duties, and safeguards. The
paper also examines potential impacts of the Advisory Centre
on WTO Law (ACWL) into the WTO system in 2001. A close look
at the data reveals evidence on at least three channels
through which the ACWL may be enhancing developing
countries' ability to self-enforce foreign market
access: increased initiation of sole-complainant cases...
The authors analyze the extent to which the EU-15 and 16 transition economies used the WTO General Agreement on Trade in Services (GATS) to commit to service sector policy reforms. They compare GATS commitments with the evolution of actual policy stances over time. While there is substantial variance across transition economies on both actual policies and GATS commitments, the authors find an inverse relationship between the depth of GATS commitments and the "quality" of actual services policies as assessed by the private sector. In part this can be explained by the fact that the prospect of EU accession makes GATS less relevant as a commitment device for a subset of transition economies. But for many of the non-EU accession candidates, the WTO seems to be a weak commitment device. One explanation is that the small size of the markets concerned generates weak external enforcement incentives. The authors' findings suggest greater collective investment by WTO members in monitoring and the need for transparency to increase the benefits of WTO membership to small countries.
In response to concerns over the
efficacy of the WTO dispute settlement system, especially in
regard to its use by developing countries, Mexico has tabled
a proposal to introduce tradable remedies within the Dispute
Settlement Understanding. The idea is that a country that
has won cause before the WTO, and who is facing
non-implementation by the author of the illegal act but
feels that its own capacity to exercise its right to impose
countermeasures is unlikely to lead to compliance, can
auction off that right. The attractiveness of this idea is
that it offers an additional possibility to injured WTO
members to get something from the dispute settlement
mechanism without putting into question the legal nature of
the existing contract, that is, the predominantly
decentralized system of enforcement in the WTO. Examining
all disputes brought to the WTO since its inception, the
authors find some support for Mexico's perception that
developing countries face a practical problem when they
attempt to carry through with effective retaliation within
the WTO system. And based on the formal results of Bagwell...
Suppose that when addressing the
question of “what’s left for the WTO?,” tariff negotiators
relied not on the agenda established in 2001 but instead on
the terms-of-trade theory of trade agreements to identify
negotiating priorities. This paper uses the lens of the
terms-of-trade theory to investigate three areas in which it
is frequently alleged that currently applied tariffs remain
“too high”; the implication being that the WTO’s job
performance to date is incomplete. This includes applied
tariffs for countries that are not members of the WTO,
applied MFN tariffs for WTO members that are unbound, and
applied MFN tariffs for WTO members set in the presence of
large amounts of tariff binding overhang. These are almost
exclusively the domain of developing countries’ own trade
policies and they are collectively important; 3.5 billion
people currently live in countries in which the WTO has had
minimal effect for one of these three reasons. This paper
builds upon recent developments in the empirical literature
to present evidence—some direct...