World Trade Organization Commitments Research Articles

China's Economic Evolution: From WTO Accession to Global Leadership

This study provides a comprehensive exploration of the transformative journey of China's economic policies and global engagement from its accession to the World Trade Organization (WTO) in 2001 to the present day. The analysis spans three distinct phases: the initial shift from a centrally planned to a market-oriented system, the full integration into the global economic system marked by meticulous adherence to WTO commitments, and the subsequent era characterized by the Belt and Road Initiative and high-quality development strategies. Examining key milestones such as the establishment of free trade zones, internationalization of the yuan, and participation in significant agreements like the Regional Comprehensive Economic Partnership (RCEP) and the China-EU Comprehensive Agreement on Investment (CECAI), the study highlights China's pivotal role in shaping global economic structures. The findings underscore China's commitment to opening-up, fostering international cooperation, and contributing significantly to reshaping the global economic landscape.

China in the WTO Twenty Years On: How to Mend a Broken Relationship?

AbstractChina’s participation in the World Trade Organization (WTO) has been a rollercoaster of milestones and frictions. China has emerged as a leading trading nation, which has contributed to the expansion of world trade. Some of its trading partners, however, and most vocally the United States, complain that China has reached its new status by eluding its WTO commitments. Under President Trump, the United States reacted strongly against China, almost bringing the WTO (but not China!) to its knees. These actions have been criticized in different ways: Some underline their unilateral character (and the ensuing legal issues they raise), whereas others focus on the regime-neutrality of the WTO, which should, in principle, be able to accommodate Western liberal democracies, developing countries, and socialist countries like China equally. In this short Article, we argue that staying idle is no solution to the China issue and that addressing it through unilateral actions is no solution either. Both approaches would only deepen the current WTO crisis. In our view, the only viable solution for the WTO system requires adding new disciplines to the existing multilateral rules.

Restrictions on ultra-processed foods: challenge for compliance with World Trade Organization commitments

The health problems, due to obesity and overweight (NCD), which cross the countries worldwide faces the challenge of applying different measures and restrictions, and at the same time raises the question whether these measures and restrictions are compatible with WTO and other commitments. Nowadays trade restrictions should not be justified based only on the industry process but rather in the ingredients and quality of those food contents, when the critical nutrients ingredients exceed a healthy threshold. The justification for the restrictive measures of the SPS agreement has been applied both in food labelling formats and in other formats, to address NDCs and whether similar restrictions can be applied to ultra-processed foods, such as those that have been applied in the past to the tobacco consumption, without breaking commitments.

Personal Data Transfers in International Trade and EU Law: A Tale of Two ‘Necessities’

Abstract Cross-border flows of personal data have become essential for international trade. European Union (EU) law restricts transfers of personal data to a degree that is arguably beyond what is permitted under the EU’s World Trade Organization commitments. These restrictions may be justified under trade law’s ‘necessity test.’ The article suggests that they may not pass this test. Yet, from an EU law perspective, the right to the protection of personal data is a fundamental right. An international transfer of personal data constitutes a derogation from this right and, therefore, must be consistent with another necessity test, the ‘strict necessity’ test of the derogation clause of the EU Charter of Fundamental Rights. This article shows how a simultaneous application of the trade law and EU Charter ‘necessities’ to EU restrictions on transfers of personal data creates a catch-22 situation and sketches the ways out of this compliance deadlock.

The US-China Economic Relationship: A Comprehensive Approach

The U.S.-China economic relationship has reached a critical juncture. Over the past year, the U.S. has imposed tariffs on $250 billion worth of Chinese imports and China has retaliated, raising tariffs on U.S. exports. The U.S. concerns that underpin these bilateral trade tensions stem from specific practices endemic to China’s economic model that systematically tilt the playing field in favor of Chinese companies domestically and globally. Progress on specific trade issues will require China to comply with its World Trade Organization (WTO) commitments and to make certain reforms that will likely touch on areas of state control over the economy. In addition, new trade rules are needed to address China’s economic practices not covered by its WTO commitments, including in areas such as state-owned enterprises (SOEs), certain subsidies, and digital trade. These issues also come at a time of increasing U.S. concern over the national security risks China presents, particularly with respect to technology access. Despite the challenges the U.S. has had at the WTO, the WTO should be central to resolving U.S.-China trade tensions. From this perspective, we outline a multipronged strategy, including bilateral, multilateral, and unilateral actions, as well as working with allies, that together would constitute positive next steps for this critical economic relationship.

International Trade and Health Care in Brazil: An Unpredicted Tale Threatening Health Care Entitlement?

The General Agreement on Trade in Services (GATS), established in 1994, has been a key element of market liberalization of health care services. Brazil had the provision of health care services partially protected from international competition until 2015, when a constitutional change opened the national health care market to international provision. We performed a retrospective and prospective policy analysis based on a systematic policy document review, general literature review, and secondary data analysis mapping, describing and analyzing the international trade agreements signed by Brazil with the World Trade Organization (WTO) and the available legislation relevant to health care services. The provision of health care services was not included in the WTO commitments signed by Brazil during the analyzed period (1994-2018). Financing of private health insurance was part of the agreement since 1994. There was a mild liberalization of the private health insurance sector, while provision of health care services was forbidden to foreign investors until 2015. The mode 3 of GATS presents the greatest potential impact as it exposes health care provision to international competition. The international liberalization of the provision of health care services in Brazil is now legal and an observable consequence of the pressure to gradually lift trade barriers in the health and health care sector.

The WTO practice of legality is ensuring transparency for self-enforcing trade

PurposeOne of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown’s proposal to establish an institute for assessing WTO commitments to improve member states’ remit to detect, challenge and deter noncompliance.Design/methodology/approachThis paper is based on Jutta Brunnée and Stephen Toope’s Interactional Theory of International Law.FindingsThere is a strong link between transparency and enforcement in WTO law. The efficacy of the WTO law depends not only on its role in adjudication, but also on facilitating interactional legal practices, within and outside the WTO.Originality/valueThis paper offers an original analysis of the practices of compliance with WTO obligations and illuminates a new proposal for improving compliance. To attract and maintain compliance, the WTO needs to facilitate transparent interactional legal practices for states and non-state actors.

China's trade competitiveness in the area of agricultural products after the implementation of the World Trade Organization commitments

The paper provides evidence on the implementation of China’s trade commitments into its institutional and legal environment, which influenced its agricultural trade. The contribution to the trade balance index and the revealed comparative advantage index are used for the identification of changes in China’s export competitiveness in agricultural products between 2001 and 2015. The World Trade Organization (WTO) trade liberalisation, followed by changes in the structure of economy, contributed to China building a trade deficit in the area of the agricultural products and losing competitiveness in some products. China gradually liberalised its agricultural trade in compliance with the WTO commitments. However, relatively high protection or state regulation of the domestic market has remained in products that China exports with a revealed comparative disadvantage. The existence of the state trading can also have a negative impact on the results of China’s revealed comparative advantage in its exports of agricultural products.

A Trade War That is Unwarranted

AbstractThe Trump Administration has presented three major reasons to justify the initiation of a China–US trade war: China's large trade surplus against the US, China's failure to comply with World Trade Organization (WTO) commitments and China's unreasonable acquisition of US technology and theft of intellectual property rights. The fundamental cause of the US trade deficit is its persistent saving deficiency. China has complied with WTO commitments, although there remains significant room for improvement. The case against China for the so‐called unfair acquisition of foreign technologies and cyber‐enabled intellectual property rights theft is weak at best, although China needs to redouble its effort in protecting intellectual property rights. President Trump's trade war will not drive China to abandon its resolve to catch up to the advanced economies. China is ready to fight a war of attrition. Unfortunately, both sides – as well as the rest of the world – will incur heavy losses in the process.

State Regulation in China in the Light of Its WTO Membership

When China entered the World Trade Organization (WTO) in December 2001, it also accepted some trade commitments in the area of state regulation, which have influence on the liberal free trade. The object of the paper is to highlight the changes that occurred in the selected areas of state regulation in the period 2001--2015, and to find out if China fulfilled its WTO commitments in the selected areas of state regulation. The aim of the qualitative research carried out in the area of state trading, price controls and state enterprises was to show the fact that although China liberalised its market in compliance with its trade commitments in the WTO, some strategic sectors of economy have remained under the influence of the Chinese state all the time.

FTA Law in WTO Dispute Settlement: Peru–Additional Duty and the Fragmentation of Trade Law

AbstractThere is a serious imbalance between the sclerosis of the political system of the World Trade Organization (WTO) and the automatic adoption of WTO Appellate Body judicial reports. The question is whether the WTO Appellate Body will recognize bilateral political agreements (such as under Free Trade Agreements, FTAs) that modify WTO obligations between two parties. In addressing this question, the Appellate Body decision inPeru–Additional Duty on Imports of Certain Agricultural Productsis important. The decision addressed the availability of defenses under FTAs in WTO disputes, as well as under public international law generally. After critically assessing the decision, we set forth a series of judicial and political choices for addressing the interaction of WTO and FTA rules going forward. In particular, we contend that clear modifications of WTO commitments under an FTA should be recognized by WTO panels as a defense, but subject to the FTA itself complying with WTO requirements under GATT Article XXIV. The case is important not only for trade specialists, but generally for policymakers and scholars of global governance in a world of fragmented international treaties.

Региональные и мегарегиональные торговые соглашения: торговля сельскохозяйственной продукцией в Транстихоокеанском партнерстве

Mega-regional trade agreements (MRTAs) have appeared in response to the prolonged stagnation of the multilateral trading system ruled by the World Trade Organization (WTO). Although this issue has stimulated research in international integration, the specifics of MRTAs have not yet been sufficiently investigated. This article therefore assesses the multilateralization potential of regional commitments using the example of the Trans-Pacific Partnership (TPP). It includes commitments in market access liberalization made in regional trade agreements (RTAs) and in intraregional agricultural trade liberalization under the TPP.The central research problem is to identify the regional liberalization commitments that might be promoted to the level of the WTO. The authors use the methodology devised by the Organisation for Economic Co-operation and Development for assessing the potential multilateralization. RTA and MRTA commitments are grouped in two policy areas: WTO-plus (going beyond the normal provisions of the WTO) and WTO-beyond (dealing with issues going beyond the WTO). The TTP is scrutinized in the context of intraregional agricultural trade liberalization.MRTAs can raise regional commitments to the global level because of their large membership, regulatory transparency and high levels of implementation. The multilateralization of regional agreements is expected in services and investments as well as in various aspects of technical regulation. The key features of implementing RTA’s WTO-plus and WTO-beyond commitments in intraregional agricultural trade are discussed. Most RTAs have liberalized tariffs beyond the WTO Agreement on Agriculture (WTO-plus), but only a few have strengthened disciplines in non-tariff barriers and implemented WTO-beyond commitments for export restrictions and export subsidies. The TPP parties are a diverse group in terms of involvement in global agricultural trade and applied tariffs on agriculture and food. The TPP provides the record in eliminating tariffs for agricultural products while keeping a number of exceptions for sensitive products and long implementation periods. Agricultural market liberalization under the TPP is achieved mostly through eliminating tariffs than by renewing non-tariff barriers. The TPP parties share the objective of implementing WTO commitments by supporting the global agricultural trade reform on export subsidies and export bans, and agree to incorporate WTO-plus and WTO-beyond obligations.

Will the Trade Facilitation Agreement’s Novel Architecture and Flexibilities Have Unforeseen Consequences? An Analysis in the Context of World Trade Organization Accessions

When finalizing the Trade Facilitation Agreement (TFA), World Trade Organization (WTO) Members introduced a highly novel architecture by allowing developing countries to self-designate their transition periods and to make their implementation conditional on the provision of technical assistance. The WTO contains certain rules and conventions of horizontal application and it is unclear how this will interact with the TFA’s novel architecture, especially for special and differential treatment (S&DT). For example, in the context of accessions, the WTO takes a strict approach to S&DT. Acceding countries are often pressed to implement WTO commitments during accession negotiations. There is a general presumption against transition periods and, where acceding countries insist on access to transition periods, these have to be negotiated on a case-by-case basis. This convention in accession negotiations runs contrary to the highly-permissive approach to transition periods in the TFA. It thus raises the question of how the WTO should deal with S&DT and transition periods for TFA commitments in developing country accessions. This article will explore several options and conclude that WTO accessions should replicate the TFA’s permissive approach (with some minor amendments).

FTAs as Applicable Law in WTO Dispute Settlement: Was the Appellate Body Wrong in Peru-Additional Duty (DS457)?

There is a serious imbalance between the sclerosis of the political system of the World Trade Organization (WTO) and the automatic adoption of WTO Appellate Body judicial reports. The question is whether the WTO Appellate Body will recognize bilateral political agreements (such as under Free Trade Agreements, FTAs) that modify WTO obligations between two parties. In addressing this question, the Appellate Body decision in Peru-Additional Duty on Imports of Certain Agricultural Products is important. The decision addressed the availability of defenses under FTAs in WTO disputes, as well as under public international law generally. After critically assessing the decision, we set forth a series of judicial and political choices for addressing the interaction of WTO and FTA rules going forward. In particular, we contend that clear modifications of WTO commitments under an FTA should be recognized by WTO panels as a defense, but subject to the FTA itself complying with WTO requirements under GATT Article XXIV. The case is important not only for trade specialists, but generally for policymakers and scholars of global governance in a world of fragmented international treaties.

A Short Note on Brexit: Telecommunications Issues after the Referendum

In a referendum on 23rd June 2016, the United Kingdom (UK) voted for ‘Brexit’, i.e., to leave the European Union (EU). After some delay the government will invoke Article 50 TEU, which would begin a two-year period of negotiation for a withdrawal agreement, after which the EU treaties would no longer apply. The ‘Norway Option’ would result in signing the European Economic Area (EEA) Treaty, re-imposing most of the obligations and costs of EU membership, while removing almost all democratic mechanisms, but ensuring access to the single market. The ‘Albania Option’ would fall back on World Trade Organisation commitments, allowing the government considerable freedom to develop new policies and laws, but with limited access to the single market. The ‘Switzerland Option’ lies between the two.The effects for telecommunications markets, legislation and policies are potentially considerable, but depend on how the government uses the freedom from no longer being bound by the EU acquis. While it might be innovative, it is unclear in which direction this might go, nor is it obvious where the benefits might lie.Withdrawal creates a number of legislative holes, with innumerable references to EU institutions and to its objectives (e.g., completion of the single market), which would need to be filled. Some legislation (e.g., state aid rules and the list of markets subject to ex ante regulation) would disappear, potentially requiring ‘transposition’ into domestic law. With these go significant risks of litigation, a well-known problem in the sector.While ministers have promised that rates for international mobile roaming would not rise, operators would almost certainly lose access to the regulated wholesale rates in the EU-27. Indeed, there would be strong commercial incentives on both sides to raise wholesale rates for those roaming from the United Kingdom to the EU and vice versa. While the operators might try to negotiate alternative deals, there seem only limited chances of success.The repatriation of policy-making and legislative scrutiny from the EU institutions would require ‘beefing up’ of governmental and parliamentary capabilities. It would also require a much deeper engagement with business users and consumer groups, not least to counter the expert lobbying of the operators. Additionally, it would be important to boost the provision of independent views, both from academic researchers and think tanks. Without a rich debate on policies for telecommunications, any potential benefits of Brexit could easily be lost, with the greatest risk being in a mishandled transition.Scotland is “highly likely” to have a second plebiscite, potentially becoming independent, perhaps inside the EU or left outside. In any event, it would need a ministry, regulatory authority, system of appeals and parliamentary oversight, for which no plans exist.

Legal But Costly: An Analysis of the EU GM Regulation in the Light of the WTO Trade Dispute Between the EU and the USA

AbstractIn this study, we investigate the new European Union (EU) regulations in the light of the ruling by the World Trade Organization (WTO) panel on the trade in genetically modified crops. To this end, we describe: the basic differences in approaches between the EU and the complaining parties with regard to genetically modified crops, what the main arguments were of the complaining parties as well as the defence of the EU, what the final judgement of the panel was and finally, we describe the current EU regulations. We then analyse to what extent, the arguments and conclusions of the panel still hold regarding the new EU legislation. We find that parts of the current EU legislation, that is, the safety bans as they are currently in place, are in breach of the WTO commitments. Moreover, the new approval procedures have the potential to also break these rules, although whether or not they will, depends on how the European Commission acts. Whether or not the EU will be challenged at the WTO remains an open question, as the decision to fight before the WTO may be more costly than working out new bilateral trade agreements.

The current EU/US–Russia conflict over Ukraine and the WTO: a preliminary note on (trade) restrictive measures

In 2012, the Russian Federation (RF) joined the World Trade Organization (WTO) as its 156th member. Two years later, an international conflict over the developments in Ukraine in general and the changing status of Crimea erupted, which henceforth saw the RF, the United States (US), and the European Union (EU) drawn into a circle of the unilateral imposition of trade and other restrictive measures. This article looks at the trade aspects of the ensuing conflict and provides a detailed survey of the restrictive measures imposed by the EU, the US, and the RF from the perspective of the national legal orders of the jurisdictions concerned, as well as from the international perspective of the applicable WTO trade rules. It includes a critical assessment of the compatibility of economic sanctions with the parties' WTO commitments, as well as the possibility of addressing the current divergences under the WTO dispute settlement mechanism.

EVOLUTION AND LEVEL OF AGRICULTURAL SUPPORT IN TURKEY AND IN THE EUROPEAN UNION

The developments of agricultural support policies in Turkey and in the European Union are different from each other. When the EU was applying protectionist policies, Turkey was on the way of liberalising its economy in 1980s. After Uruguay Round (1995), developed countries took steps for reducing protectionist policies in agriculture for the first time. As Turkey and European Union were signatories of the Uruguay Round Agreement on Agriculture, they reduced their support levels. Despite the successful reforms and WTO (World Trade Organization) commitments, support level in the European Union remained high. Only in the last years, producer support estimate had a decreasing trend. Instead, Turkey increased the support policy that requires production and so producer support estimate increased after 2000. While the support level is not as high as in the EU, producer support estimate is at EU and OECD levels in the last years. This paper, so as to contribute to the literature, examines the agricultural support policies and levels in Turkey and in the European Union for better understanding the differences between them. In this regard, the aim of the paper is to develop an approach to comment on the differences in agricultural policies by comparing them and on the protection levels between Turkey and European Union by using Producer Support Estimate of OECD.

The Renewed Hope of Multilateralism in South Asia: Applying the MFN Principle to Pakistan-India Trade

The multilateral trading principle of nondiscrimination and the World Trade Organization commitment of most-favoured nation (MFN) treatment have been missing in the Pakistan–India trading relationship. This practitioner commentary addresses recent moves toward multilateral principles between these two countries, namely Pakistan's decision to grant MFN status to India. It considers the political economy of Pakistan's ‘negative list’ in addressing ‘sensitive sectors’ in Pakistan and provides partial equilibrium estimates of the domestic output, consumer welfare and net welfare impacts in Pakistan of liberalizing trade in this negative list.

Agricultural policy in Russia and WTO accession

This article analyzes the implications of World Trade Organization (WTO) accession for Russian agricultural policy. Using Organisation for Economic Co-operation and Development (OECD) data on producer support from 2010, we identify two major characteristics of Russian agricultural and trade policy (a) reliance on sizeable differences between world and domestic prices to generate two-thirds of agricultural producer support and (b) highly distortionary budget support. We then consider whether the disciplines introduced by WTO accession will constrain or even roll back these distortionary policies, thereby substantially changing the nature of agricultural policies in Russia. Using data from OECD-FAO (Food and Agriculture Organization of the United Nations) and Russian Ministry of Agriculture projections, we conclude that the structure of OECD-type producer support in 2020 will be very similar to its current state. Market price support will continue to dominate the Producer Support Estimate, and the projected Current Total Aggregate Measure of Support (AMS) will approach the WTO Bound Total AMS (the ceiling on production-distorting support) only in 2018. For the reasons above, we conclude that although WTO accession provides opportunities for important changes in Russian sanitary, phytosanitary, food safety, trade, and tariff policies, membership is not a guarantee of systemic change. In fact, a serious look at Russian WTO commitments makes a minimum-change scenario quite possible and even likely.