World Trade Organization Agreements Research Articles

Determining directions for improving the legal regulation of technology transfer forms

Determining directions for improving the legal regulation of technology transfer forms

Navigating the Complexities of International Economic Law: Implications for Global Trade and Investment

This paper explores the multifaceted landscape of international economic law and its profound implications for global trade and investment. Through a detailed examination of key legal instruments and treaties, including the World Trade Organization (WTO) agreements, Bilateral Investment Treaties (BITs), and Regional Trade Agreements (RTAs), the study elucidates how these frameworks shape the regulatory environment for international commerce. Central principles of non-discrimination, most-favored-nation (MFN) treatment, and national treatment are dissected to understand their practical application and impact on trade and investment flows. The role of international organizations in creating, enforcing, and shaping the norms and standards of global economic interaction is critically assessed. Furthermore, the paper delves into the legal challenges and strategic considerations businesses face in navigating international trade, investment protection, intellectual property rights, and the burgeoning digital economy. By examining case studies and practical implementations, the study highlights the dynamic interaction between legal frameworks and business strategy in the context of digital trade, data protection, and the use of digital currencies and blockchain in trade finance. This comprehensive analysis aims to provide insights into the evolving landscape of international economic law and offer strategic guidance for businesses and policymakers navigating these complexities.

Impact of International Trade Agreements on Corporate Law

International Trade Agreements (ITAs) have a significant impact on corporate law. ITAs typically include provisions that affect a wide range of corporate law issues, such as reducing or eliminating tariffs and other trade barriers making it easier for corporations to export their goods and services to foreign markets, other provisions might protect foreign investment and promote investment flows between countries making it more attractive for corporations to invest in foreign markets. Some ITAs protect intellectual property rights, such as trademarks, copyrights, and patents that is important for corporations that rely on intellectual property to protect their products and services and ITAs also promote competition and prohibit anti-competitive practices which help ensuring that corporations compete fairly in the global marketplace. In addition, ITAs can also have a broader impact, for instance, ITAs can promote the adoption of common legal standards and practices, making it easier for corporations to do business in different countries. For Example, The North American Free Trade Agreement (NAFTA) includes provisions that made it easier for corporations to move goods and services between the United States, Canada, and Mexico leading to increased investment flows between these countries. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has helped to strengthen the protection of intellectual property rights around the world which benefited corporations that rely on intellectual property to protect their products and services. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) includes provisions that promote competition and prohibit anti-competitive practices in the Asia-Pacific region ensuring that corporations are competing fairly in the market. Overall, this Research Paper summarises how ITAs have a significant impact on corporate law and Corporations involved in international trade should be aware of the provisions of the relevant ITAs and how these provisions may affect their business.

Green public procurement of pharmaceuticals as a regulatory response to antimicrobial resistance and its compatibility with the WTO Agreement on Government Procurement

AbstractThis article examines the compatibility of production‐related environmental criteria in green public procurement with international trade law, specifically the World Trade Organization's Agreement on Government Procurement (GPA). In response to the global health and environmental challenge of antimicrobial resistance (AMR), such measures offer extraterritorial regulation by pharmaceutical purchasing countries where domestic regulation is not forthcoming in pharmaceutical producing countries. The article finds that such green public procurement measures may be compatible with the GPA. The general exceptions of the GPA can be invoked to overcome the potential non‐adherence of these measures to the principle of non‐discrimination between like products (in this case pharmaceuticals) from different importing countries. The provisions of the GPA relating to technical specifications and tender documentation accommodate such green public procurement measures. The provisions relating to conditions for participation in tenders for a public procurement contract and the award criteria for choosing the bidder to whom the contract should be awarded are silent in respect of environmental considerations. However, this may change with the development of domestic regulation on antibiotic effluent and an expansive reading of the term ‘public interest’ in the GPA. For now, international trade law continues to adopt a limited, accommodationist approach towards non‐trade objectives. This approach must be abandoned given the grave implications of failure to address the adverse impacts of global challenges such as AMR. At the same time, compatibility between green public procurement measures and the GPA cannot be taken for granted. The growing interest in domestic or regional drug security, especially in the wake of the COVID‐19 pandemic, may expand the geographical range of pharmaceutical manufacturers, with the possibility that such measures, originally intended to achieve non‐trade objectives, restrict trade.

‘No safe haven’: Why the GATT ‘regional exception’ does not apply to technical barriers to trade

AbstractDuring the last two decades, Preferential Trade Agreements (PTAs) have increased in quantity and broadened in scope. Far from merely reducing tariffs, they now set out a detailed discipline also on behind‐the‐border measures. Due to their trade‐restrictive potential, technical barriers to trade (TBTs) are now systematically regulated in PTAs. Since PTAs discriminate by definition, it is pivotal to understand whether their regulation of TBTs may be reconciled with the multilateral non‐discrimination obligation. Against this backdrop, this article aims to assess whether WTO‐incompatible TBT provisions in PTAs may benefit from the GATT 1994 ‘Regional Exception’, that is, Article XXIV. I will argue that, by virtue of the lex specialis principle, Article XXIV may not shield violations of the TBT Agreement. The impact of this study is two‐fold. First, it shows that Members of the World Trade Organization (WTO) must respect the Most‐Favoured Nation (MFN) clause when integrating their domestic policies. Second, using TBTs as a case study, it proposes some crucial adjustments to WTO case law, that should be considered also when deciding on the interplay between the GATT 1994 and WTO Agreements other than the TBT Agreement.

A new approach to combating illegal, unreported, and unregulated fishing: analysis of the WTO Agreement on Fisheries Subsidies

Harmful subsidies awarded by states facilitate illegal, unreported, and unregulated (IUU) fishing, which causes negative impacts on ocean ecosystems, seafood value chains, society, and global food security. The World Trade Organization Agreement on Fisheries Subsidies, adopted on June 17, 2022, aims to improve global fishery governance through trade measures and is regarded as a major step toward the achievement of the United Nations 2030 Sustainable Development Goals. The objective of this study is to offer a better insight into the interpretation and future implementation of the WTO Agreement on Fisheries Subsidies. Based on the status quo of international and regional fishery governance legal systems and management regimes in the regulation of IUU fishing, this study reviews the legislative process of the WTO Agreement on Fisheries Subsidies, analyzes five main controversial issues, and explores the conflicts of interests of different countries during the discussion. In the future, states should promote the transformation of the fisheries sector by reducing harmful subsidies for IUU fishing and enhancing cooperation among coastal states, flag states, port states and relevant RFMOs.

Cambodia's Imminent Graduation from Least Developed Country Status: What Will be the Impact of the TRIPS Agreement on Access to HIV and Hepatitis C Medicines in Cambodia?

Cambodia has experienced exponential economic growth in recent years and is expected to graduate from least developed country (LDC) status within the next decade. Membership of the World Trade Organization (WTO) will require Cambodia to grant product and process patents for pharmaceuticals upon LDC graduation. This study aims to measure the impact of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the price of HIV and hepatitis C medicine in Cambodia once it graduates from LDC status and is obliged to make patents available for pharmaceutical products and processes. Using scenarios based on likely outcomes of accession to the TRIPS Agreement, it measures the impact on the price of the HIV treatment program and compares that impact with the hepatitis C treatment program. Graduation from LDC status would be expected to result in a modest increase in the cost of the antiretroviral (ARV) treatment program and very large increases in the cost of the direct acting antivirals (DAA) treatment program. If annual treatment budgets remain constant, patent protection could see 1,515 fewer people living with HIV able to access ARV treatment and 2,577 fewer people able to access DAA treatment (a drop in treatment coverage of 93%).

Protecting Protectionism in the WTO

The Inflation Reduction Act of 2022 (IRA), as part of the largest in-vestment the United States has made to mitigate climate change to date, amended the United States Internal Revenue Code to reduce the cost of shifting toward renewable energy. Specifically, the IRA expands tax credits available to taxpayers who invest in or produce clean energy and provides a new consumer tax credit for electric vehicles. However, the IRA has come under fire from U.S. trading partners because some of these tax credits contain local content requirements (LCRs)— that is, the Act requires beneficiaries to source products or materials domesti-cally in order to receive the full benefit. Several foreign governments have claimed that the IRA’s use of LCRs violates World Trade Organiza-tion (WTO) agreements to which the U.S. is a party. If another member of the WTO lodges a formal complaint with the WTO and the U.S. re-ceives an adverse ruling, the U.S. could be ordered to repeal the IRA or face sanctions, which would severely hamper U.S. and global efforts to meet emissions goals. Moreover, LCRs could be a very useful tool for countries other than the U.S. to use to facilitate the growth of prosper-ous new renewable energy industries, something essential to sustaina-bly avoiding climate catastrophe. This Note reviews the WTO rules which the IRA may violate and finds that the IRA would not pass muster under prevailing interpretations of WTO agreements. However, evi-dence in the relevant WTO agreements support an alternative that would allow the IRA to survive. This Note proposes such an interpreta-tion and argues that it would be prudent for the WTO to adopt it in light of the current climate crisis.

The Future of Trade and Environment: A Roadmap for Reconciling Two Competing Goals

The global market has experienced an unprecedented increase in cross-border trading, culminating in substantial economic growth for numerous nations. However, this extensive process of economic integration has cast a shadow on various associated domains. Trading activities, intricately linked to the environment due to their reliance on natural resources for production, have indisputably left their mark on global environmental conditions. International trade and environmental preservation, as distinct disciplines, operate under separate sets of laws and regulations. Environmental laws encompass multilateral environmental agreements, and regional and national regulations, while trading activities are governed by the multilateral agreements of the World Trade Organization (WTO) and bilateral agreements. The integration of international trade with environmental measures has become a contentious subject. Proponents of trade argue that it facilitates global access to environment-friendly goods and technologies, thereby facilitating the maintenance of high environmental standards. In contrast, environmentalists contend that international trade laws and practices often impede the governmental efforts to implement regulatory measures aimed at pollution prevention and environmental restoration. The WTO has faced criticism for its perceived inaction in addressing environmental concerns ensuing from trade, despite acknowledging environmental protection as an objective in the preamble of the Marrakesh Agreement. The global discourse on environmental protection has intensified, seeking to accord environmental issues the same weight as trade disputes. This article endeavours to delve into the multifaceted interactions between international trade and environmental protection, scrutinizing their regulatory mechanisms while highlighting the underlying grounds for the disputes that arise between these two realms. Agreement on Fisheries subsidies, Committee on Trade and Environment, Environmental Protection, Free Trade, GATT, Multilateral Environmental Agreements, WTO

Governance and Commitments of ECOWAS Countries within the Framework of the World Trade Organization's Agreement on Trade Facilitation

In this paper, we assess the effects of governance quality on the implementation of Type A commitments made by ECOWAS countries regarding the World Trade Organization's Trade Facilitation Agreement (TFA). We utilized panel data from 14 ECOWAS countries spanning the period 2004-2021. Results obtained through negative binomial regression and the Poisson model with continuous endogenous covariates show that five out of six Kaufmann governance quality indicators positively impact the adoption of TFA commitments within ECOWAS. The Poisson model with continuous endogenous covariates revealed a higher level of significance for variables related to regulation quality, voice and accountability, and political stability compared to the negative binomial model. These results remain robust even when using an alternative measure to assess governance quality. ECOWAS countries have a vested interest in creating conducive conditions for improving governance quality to undertake an increased number of measures in favor of trade facilitation.

The Importance of Developing Countries Joining GATT 94 / WTO

The establishment of the World Trade Organization (WTO) framework signifies a pivotal milestone in aligning member countries' trading regulations with the WTO's provisions. Developing countries' participation in the WTO fosters equitable competition and contributes to global development. WTO agreements offer flexibility for developing nations to adhere to WTO regulations, providing specialized assistance to the least developed countries (LDCs) and trade concessions in line with GATT regulations. Moreover, the WTO ensures predictability in the business environment, encouraging investment, job creation, and fair competition. Its multilateral trading system fosters peace by facilitating constructive conflict resolution between nations, regulating trade through appropriate mechanisms, and reducing tariffs and non-tariff barriers to enhance affordability.

Going It Alone or Acting as a Collective? Evaluating the East African Community Policy on Implementing TRIPS Obligations

AbstractThe grim realities of the COVID-19 pandemic have resuscitated discussions about the effectiveness of the flexibilities entrenched in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for improving access to medicines. This article revisits this vexed issue by examining whether a regional approach to implementing TRIPS obligations could deliver a better outcome for access, especially in low- and middle-income countries, where manufacturing capacity is almost non-existent. Using the East African Community (EAC) as a case study, the article critiques recommended implementation options under the EAC policy on TRIPS flexibilities, concluding that, if significantly implemented, these recommendations could yield a better outcome for access.

Fisheries subsidies exacerbate inequities in accessing seafood nutrients in the Indian Ocean

Harmful, capacity-enhancing subsidies distort fishing activities and lead to overfishing and perverse outcomes for food security and conservation. We investigated the provision and spatial distribution of fisheries subsidies in the Indian Ocean. Total fisheries subsidies in the Indian Ocean, estimated at USD 3.2 billion in 2018, were mostly harmful subsidies (60%), provided to the large-scale industrial sector by mainly a few subsidising countries, including Distant Water Fishing countries. We also explored possible socio-economic drivers of the composition of subsidies, and show that the extent of harmful subsidies provided by Indian Ocean Rim (IOR) countries to their industrial sector can be predicted by the seafood export quantities of these countries. These results illustrate the inequity in accessing fisheries resources for the small-scale sector of nutrient insecure and ocean-dependant IOR countries. The present study can benchmark future assessments and implementation of fisheries subsidy disciplines in the region following the World Trade Organisation Agreement on Fisheries Subsidies.

Research on the Retaliation System in the WTO's Dispute Settlement Mechanism

When conducting trade activities, due to the needs of countries' national interests or due to the general international context, it is inevitable that some acts will be used to disrupt the balance of world trade transactions, thus causing conflicts between two or more nations. If a dispute arises under the framework of the World Trade Organization (WTO) agreement, one party will be deemed to be in breach of the WTO agreement, and the injured party will resort to the WTO Dispute Settlement Body(DSB), and if the "losing party" does not fulfill the agreement, then the "winning party" will request the WTO Dispute Settlement Body to retaliate against it. If the "losing party" does not fulfill the agreement, then the "winning party" will request the DSB to authorize retaliation against it, to stop the behavior of the defaulting party and get certain compensation. Therefore, the retaliation system of the WTO dispute settlement mechanism is of great significance to maintaining the international economic order. The establishment of this system is of great practical significance for resolving disputes between disputing parties and achieving the rebalancing of the international economic order. However, along with the continuous occurrence of various dispute cases, and in the increasingly frequent use of the WTO panel members, member states and academics have gradually recognized certain shortcomings of the retaliation system, resulting in this system for certain violations of the agreement, often helpless. In this regard, all countries have improved the retaliation system under the WTO dispute settlement mechanism from their own or overall interests. This paper discusses the shortcomings of the retaliation system in the WTO dispute settlement mechanism and then makes some suggestions on how to modify and improve it.

The Obligation Of Local Content Requirements (Lcr) Of Power Plant From The Perspective Of The World Trade Organization (WTO)

As a developing country, Indonesia requires foreign investments, particularly to improve the welfare of its people. Trade provisions are regulated by the World Trade Organization (WTO) mainly to reduce all potential barriers that emerge in the global investment realm. Along with the entry of various foreign products and investments, developing countries often apply local content requirements, which in Indonesian terms are known as the Tingkat Komponen Dalam Negeri (TKDN). Particularly in the field of electricity infrastructure development, the government of Indonesia regulates the minimum level of TKDN in the construction of power plants. The TKDN provisions normatively conflict with WTO principles, namely national treatment, because they are included in the illustrative list regulated in the Agreement on Trade-Related Investment Measures (TRIMS). In this article, the author uses a normative research method in which research is conducted by examining Indonesian TKDN regulations related to the construction of power plants against the WTO agreement for a more in-depth analysis. This article aims to examine whether the TKDN provisions made by the Indonesian government are parallel with the WTO policies. It can be concluded that Indonesia's TKDN policy could violate WTO provisions. Still, if the TKDN policy is for the welfare of the community and managed directly by the government, it could be excluded since it is conducted not within purely commercial profits purposes.

The nexus between the WTO fisheries subsidies rules and food security in Indonesia

PurposeThe World Trade Organisation (WTO) Agreement on Fisheries Subsidies (AFS) requires all members to avoid subsidy policies and financial measures that weaken sustainability in fishing and instead divert public spending in such a way that it is more beneficial to fisheries sectors. This paper aims to argue that the WTO fisheries subsidies rules can be considered as a mechanism not only for achieving fisheries sustainability but also for supporting food security in Indonesia.Design/methodology/approachThe methodology of this study consists of descriptive and analytical legal research that identifies the relation between fisheries subsidies and food security policies in Indonesia.FindingsFisheries subsidies policies in Indonesia focus on government support for small-scale fishers not only to promote fishing sustainability and marine resource protection but also to improve their ability to participate in food security strategies.Practical implicationsThe elimination of harmful fisheries subsidies could be regarded as a mechanism for not only preserving and sustaining marine resources but also achieving food security in other developing countries.Originality/valueThe author’s knowledge of the United Nations Sustainable Development Goals (SDGs) is valuable in elaborating a new paradigm on how the WTO is achieving SDG 14 (Life below Water) and SDG 2 (Zero Hunger) in parallel by analysing Indonesia’s efforts to implement the AFS while also allocating public spending to fisheries sectors to accommodate food security.

Analysis Of The Foreign Subsidies Regulation From An International Trade Law Perspective On Trade In Goods

The Foreign Subsidies Regulation contains provisions enabling the Commission to launch ex officio investigations into foreign subsidies distorting the internal market. The legislation is designed to be complementary to existing anti-subsiding rules and follows a logic that is reminiscent of the European competition law. This article discusses its applicability in the field of trade in goods and the risks of inconsistency with the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (SCM). Foreign Subsidies Regulation, Foreign subsidies, Industrial subsidies, Basic anti-subsidy regulation, World Trade Organization, Agreement on Subsidies and Countervailing Measures, Multilateralism, Trade

Non-compliance with the World Trade Organization agreements by exporters of the European bumblebee, Bombus terrestris

International companies commercially rear bumblebees worldwide, the trade of which is regulated through agreements established by the World Trade Organization (WTO). Scientific studies have shown multiple negative effects of introduced commercial bumblebees on native bees in Japan, Australia, Sweden, Israel, Chile, and Argentina, calling into question the compliance of exporting with some of the established WTO international sanitary regulations. We analyzed international WTO sanitary regulations focusing on the international trade of bumblebees from the European Union (EU) and Israel, especially regarding bumblebee exports to Chile and their side effects in neighboring Argentina. We have gathered evidence showing that exporters of bumblebees do not comply with WTO international trade agreements in at least two ways: (1) the quality of commercialized bumblebees differs from the quality declared in their certifications, and (2) the countries that sell the bumblebees violate sanitary agreements, producing negative effects on other native pollinating insects and causing a cascade of adverse impacts affecting both the environment and agriculture. This situation suggests that companies that raise bumblebees are currently in breach of WTO regulations and continue to contribute to major environmental damage in southern South America and elsewhere.

The boundary between digital goods and E-services in cross-border E-commerce and implication for non-discrimination under the WTO system

Abstract One of the biggest challenges of implementing value-added tax (VAT) collection on cross-border digital goods and services is the compliance with World Trade Organization (WTO) obligations. The lack of a clear distinction between goods and services in the WTO agreements and divergent classifications adopted by states have led to fragmented and inconsistent VAT collection, potentially creating trade barriers in international e-commerce. This article analyses various approaches to classify goods and services including technological neutrality and tradability. It also uses the modernization of Thailand’s VAT system as a case study to demonstrate the complexity of categorizing digital goods and services for VAT enforcement in international e-commerce. It finds that technological neutrality and tradability are key criteria to separate digital goods from e-services for the proper implementation of WTO obligations. The article concludes with remarks on the correlation between categorizing digital goods and services in VAT collection and protectionism in cross-border e-commerce.

Current issues of anti-dumping and safeguard investigations during martial law

The article is devoted to the issues of conducting anti-dumping and safeguard investigations in Ukraine under martial law. The author analyses the current practice of the Ministry of Economy of Ukraine in conducting trade investigations in terms of determining the time limits for procedural stages of investigations within the competence of the authority, which demonstrates that the investigating authority violates the rights of the parties concerned in trade investigations, some of which are still unresolved.The purpose of the article is to study the legality of the actions of the Ministry of Economy of Ukraine with regard to postponement of deadlines within investigations and compliance with the World Trade Organization Agreements governing certain types of trade investigations, and to prepare recommendations for further actions of the Ministry of Economy of Ukraine within its competence.
 It is concluded that the Ministry of Economy and the Interdepartmental Commission on International Trade have discretionary powers to determine certain terms of investigations and make decisions based on their results. The author concludes that determining the time limits for procedural stages of investigations remains within the discretionary powers of the Ministry of Economy of Ukraine as long as the time limits for conducting trade investigations set out in Ukrainian legislation are not violated. The author also examines the legal consequences of violation of these deadlines.The author has prepared conclusions and recommendations on conducting trade investigations and making decisions based on their results in case of violation of the time limits established by the legislation of Ukraine, the key of which is that further conduct of an anti-dumping or safeguard investigation after such violation is illegal, therefore, the Interdepartmental Commission on International Trade, upon the submission of the Ministry of Economy of Ukraine, should terminate the investigation without taking any measures.