World Trade Organization Regime Research Articles

Subsidies in the Renewable Energy Industry Under the World Trade Organization Regime and Suggestions for Vietnam

Subsidies in the Renewable Energy Industry Under the World Trade Organization Regime and Suggestions for Vietnam

The Necessity of a Harmonious Legal Integration between the Penal Policy and Ohada's Policy

The protection of trademarks is necessitated to safeguard the interests of businesspersons and consumers thereby contributing to the country’s overall economic growth and development. This, in turn, calls for a strong trademarks system capable of adjusting itself with the dynamic interests of all stakeholders. Ethiopia has adopted relatively comprehensive trademark protection legislations in 2006. The country is also negotiating for the accession to the World Trade Organization (WTO) since 2003 and this requires compliance with the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, among others. Accordingly, this article assesses the compatibility of the Ethiopian system of trademark protection with the TRIPS standard of protection and finds that there exists certain degree of inconsistency between the two legal regimes. It acknowledges Ethiopia’s move to harmonize its trademark protection standards with the TRIPS requirements but concludes that a lot remains to be done to strike the balance between the country’s regulatory interests and the WTO regime. Keywords: Ethiopia, Trademark Protection, Trademark Proclamation, Trade Related Aspects of Intellectual Property Rights, World Trade Organization DOI: 10.7176/JLPG/121-06 Publication date: June 30 th 2022

Estimating the Impact of Technical Barriers to Trade in WTO Regime: The Case of Pakistan

Technical Barriers to Trade (TBT) forwarded by World Trade Organisation (WTO) has obstructed world trade patterns; generally, it is conceptualized as non-tariff barrier which impedes trade. In this study, impact of TBT on imports of Pakistan has been estimated. This paper explores how TBT affects import of Pakistan from its trade partner using PPML estimation method to handle zero trade flows and overdispersion of data of Pakistan’s import, based on gravity model. The findings depict that GDP of Pakistan and partners, exchange rate, tariff, distance, and contiguity are vital factors; along with TBT cases initiated by Pakistan have also impacted import from WTO members. The results suggest that Pakistan-initiated TBT and tariff have experienced lower import volume, hence they can be used to administer its ever-increasing trade deficit. The study also presents comparative analysis of TBT and tariff impacts on imports from high income, upper middle, lower middle, and lower income countries as classified by the World Bank.

The United States, China and the WTO after Coronavirus

A hegemon can destroy its international regimes, but what happens when it does not possess the capacity to reconstitute a regime to its liking? Drawing on structural power theory, our article examines President Nixon’s historic attacks on the Bretton Woods international monetary regime to help illuminate President Trump’s attacks on the World Trade Organisation (WTO). In both cases regime destruction was driven to a large extent by a desire to contain rivals: Europe for Nixon, China for Trump. Drawing on original archival material, our case study analysis shows that while the United States possessed sufficient negative structural power to derail Bretton Woods, it lacked sufficient positive structural power to create the new monetary structure Nixon wanted. Trump faces a similar dilemma: he can block the WTO regime, but cannot necessarily replace it with one to the United States’ liking. China is too powerful and possesses too much structural power of its own to give up its WTO privileges without a fight. After the Coronavirus pandemic, it is unlikely that China can prevent the United States from wrecking the WTO trade regime, but very likely it can block US attempts to create a successor regime tailored exclusively to US requirements.

An analysis of Indonesia’s shrinking food security policy space under the WTO

Achieving food security remains a challenge for many low- and middle-income countries, including Indonesia. The aim of this study was to assess the policy space to implement food security policy in Indonesia under the World Trade Organization (WTO). The policy space for developing countries to implement administered prices for agricultural commodities is significantly circumscribed by the Agreement on Agriculture (AoA) under the WTO regime. In particular, the procurement of foodgrains at administered prices is considered “trade distorting support” and limited under the amber box. This study describes the food security policy context in Indonesia, compares existing food procurement expenditure to Indonesia’s commitments within the AoA, and evaluates the implications of different options proposed regarding public stockholding for food security purposes at the WTO. Administered prices and public procurement form part of Indonesia’s long-term commitment to food security policy, and aim to stabilize food prices for producers and consumers. Indonesia’s procurement of rice has been rising as a percentage of value of production (VoP). It is still under the de minimis limit (10%), but the applicable permissible limit on procurement has declined by nearly half, in terms of volume. This indicates that the policy space for providing product specific support is declining, as inflation is not accounted for under the AoA method of calculation. Of the different options that have been tabled to take into account inflation, using the Wholesale Price Index as a deflator increases the policy space the most. The peace clause deliberations at the WTO are of critical importance to the Government of Indonesia, as their policy space becomes increasingly constrained. In the near future, Indonesia may need to invoke the peace clause to restrain other countries from challenging its food security program.

Mercantalist Concerns in US GSP Law: Termination of GSP Benefits to India

As has been the case with many developed countries, the United States unilaterally grants trade preferences to developing countries under its Generalized System of Preferences (GSP) Programme. The US GSP Programme is granted on the basis of a few conditions, some of which are compulsory, while others are discretionary on part of the President of the US. In June 2018, the United States Trade Representative (USTR) conducted a review of India’s eligibility as a Beneficiary Developing Country on the grounds that India does not provide the US ‘equitable and reasonable access to its markets’. This is one of the discretionary conditions under the GSP Programme. On 31 May 2019, the US President, via Proclamation 9902, modified the list of Beneficiary Developing Countries withdrawing the GSP benefits that were granted to India, citing India’s failure to fulfil the said market access condition. In light of this, the article analyses the legality of grant and withdrawal of GSP benefits on this market access condition with respect to the World Trade Organization (WTO) law. The article begins with exploring the historical development of the Generalized System of Preferences from the GATT-era to the present WTO regime. It then examines the validity of the US GSP Programme in light of the relevant WTO framework, in particular, the 1979 Enabling Clause. It also analyses the US GSP Programme in light of the WTO Appellate Body Report in the EC – Tariff Preferences case. The article concludes by suggesting the possible arguments that India could make in a potential dispute and the larger political ramifications of challenging the US GSP Programme.

Outsourcing Regulatory Decision-making: “International” Epistemic Communities, Transnational Firms, and Pesticide Residue Standards in India

How do “international” epistemic communities shape regulatory contests between transnational firms and civil society organizations in the Global South? With the establishment of the World Trade Organization (WTO), member states committed to basing trade-restrictive national regulations on science-based “international” standards set by “international” standard-setting bodies. Yet we know little about how the WTO regime has shaped the operation of epistemic communities within standard-setting bodies and, in turn, how standard-setting bodies articulate with national policy-making processes in the Global South. Building on work in the new political sociology of science, I argue that neoliberal globalization and the establishment of the WTO have created incentives for Western epistemic communities to at once cast themselves as “international” under the WTO regime and orient their scientific agendas toward the priorities of transnational firms. Moreover, this transformation of epistemic communities has created opportunities for transnational firms facing contentious policy environments in the Global South to effectively outsource regulatory decision-making to “international” epistemic communities that can claim legal status under the WTO regime. Empirically, I focus on the case of one Western epistemic community—the Association of Analytical Communities International—and its claim to epistemic jurisdiction over pesticide residue standards for soft drinks in India.

India and WTO: Trade Performance

This paper makes an attempt to examine the performance of Indian agricultural trade in World Trade Organization regime with regards to the selected parameters, i.e. export growth rate and standardization in agriculture growth rate. It is found that under the WTO regime India share in world agricultural trade increased. The standardization of trade growth initially improved then from last few year's its dramatically fluctuating and deteriorated. In AoA regime the share of some important crop composition and trade reduced. In WTO regime, as a whole there is deterioration in agricultural trade.

Climate Change and the Trading System: Implications of the Trans-Pacific Partnership

This paper considers the implications of the shift of trade rule-making and liberalization from the World Trade Organization (WTO) to the mega-regional mode for the development of responses to climate change. We review developments at the interface between the trade system and climate change responses at the national, sub-national, corporate, and civil society levels, and evaluate the impact of the environmental provisions in the Trans Pacific Partnership (TPP) agreement. We find that the shift of the main action in trade negotiations into the mega-regional forums is not a positive development for action on climate change. Effective action will be multilateral in scope, collective in nature, and policy-activist in design. From the perspective of interaction with trade rules, the coordinated industrial policies required to deliver a sustainable economy will likely require sanction under a multilateral environmental agreement. Armed with such an agreement, the WTO’s dispute settlement mechanism could safeguard policy space while settling disputes. The mega-regionals will generate a system unfriendly to climate change policy, as they are plurilateral and exclusionary in scope, competitive in nature, and policy-restrictive in design. Moreover, they are leading in the development of investment and competition regimes that the WTO lacks. These latter regimes, which are increasingly important due to the high degree of trade and investment integration in the modern global economy, will be given teeth by investor-state dispute settlement mechanisms within the agreements. This militates against the evolution of a coherent and transparent body of climate-policy-friendly case law, which would be more likely under a WTO regime. Perhaps most importantly, as the weak outcome of the TPP shows, they are likely to use up trade negotiating coin without contributing to climate change responses.

Achieving Customer Satisfaction through Total Quality Management (TQM): A Case Study of Telecom Sector

In today's competitive scenario, achieving total quality is the key to success. Most of the organisations are emphasizing on Total Quality Management (TQM) in order to provide better quality products and services to customers delivering value for money. After LPG (Liberalization, Privatization and Globalization) one of the major challenges faced by the organizations is competition from MNC's.Challenges Faced by Organisations:Indian organizations are facing a challenge form the inflow of MNCs since the government of India has implemented the process of Liberalization, Privatization and Globalization. In the light of this, they are in dire need of new ideas, approaches & techniques for attaining a competitive edge. TQM is creating a revolution in manufacturing and service organisations throughout the world. Various companies like Motorola, Toyota, Hero Honda, Xerox Corp., Maruti Udyog Ltd., Ashok Leylend, TCS; Telco etc. have initiated radical changes through the implementation of TQM tools & techniques.Challenges under WTO Regime:World Trade Organisation (WTO) is the only international Organisation, which deals with the Global rule of Trade between the nations, and it ensures that the trade flows smoothly, predictably and as fully as possible. Opening up of economies is mainly backed by WTO.Under the WTO regime, tariffs among the member nations will get abolished in near future. India being one of the founder members will certainly face challenges since the products of MNC's and Indian Organisations will be at par and since MNC's provide better quality & variety there are most likely chances for customers to switch over to MNC's products & services.General Agreement on Trade in Services (GATS):By the year 2005, MNC's will be freely entering into service sector also. It will include establishment of foreign universities, colleges etc. in Indian boundaries. This will certainly pose a big challenge. To ensure the survival, Indian Universities & organisations need to be competitive. Measures have already been initiated.

Why Developing Countries are at a Disadvantageous Position in WTO Dispute Settlement Mechanism

The disputes settlement understanding (DSU) of the World Trade Organization (WTO) is a contentious issue. It is often argued that the DSU work more in favor of the richer members. This article argues firstly; how disputes are resolved under the WTO regime secondly; how the DSU adversely affects the interests of the developing countries, resulting into an utter discontent among the member states. The article after analysis of the existing scholarship highlights how and why the developing countries are at a disadvantageous position in the dispute settlement understanding. The article concludes that some legal reforms are essential in the DSU to ensure equality of all the members before the law.

The Impact of the World Trade Organization (WTO) on Foreign Trade: Case Study of Vietnam

Previous studies of empirical surveys that focus on WTO foreign trade effects on its country members have placed less attention on individual developing countries. This contrasts with the large body of studies that exist on the foreign trade effects of WTO on its entire country members. In this paper, two gravity models have been constructed using the Hausman–Taylor (1981) estimator, and applied to recent panel data that includes 17 of Vietnam’s major trade partners during the period from 1995 to 2011. This was for the purpose to examine the possible impact of the WTO regime on foreign trade (exports and imports) of Vietnam. The empirical results show that the WTO has stalwartly increased Vietnam’s imports. By contrast, there is no evidence that the WTO has expanded Vietnam’s exports. This is consistent with theoretical models of the WTO. JEL Classifications: F13, F15, C33 Original research Article Cuong et al.; BJEMT, 7(3): 200-217, 2015; Article no.BJEMT.2015.084 201

Sustainable development and international trade under WTO regime

The World Trade Organization (WTO) is an organisation that intends to supervise and liberalise international trade. However, not many people realise that trade is a powerful ally of sustainable development. The WTO's founding agreement recognises sustainable development as a central principle. The purpose of trade liberalisation and the WTO's key principles of non–discrimination is a more efficient allocation of resources. WTO recognises that relation in the field of trade and economic endeavour should be conducted with a view to raising standards of living and human welfare. Article XX GATT has introduced general exceptions for GATT regulations that might support the ideas of sustainable development in international trade under WTO regime. However, the implementation of sustainable development was not clearly defined and mostly considered as a barrier of international trade. This paper tries to find out, how far the implementation of sustainable development can be exercised at international trade under WTO regime.

Structural Changes in India's Exports under WTO Regime

India adopted the New Economic Policy, which has wider implications for the internal sectors. Liberalization, Privatization and Globalization are the three pillars on which the edifice of the new economic policy has been erected in India since 1991. The World Trade Organization (WTO) which came into existence on January 1, 1995 with a view to ensure global cooperative trade environment. Now, under the changing world economic scenario as well as global trade agreement and development of institutions like World Trade Organization, the emerging world trading system may claim to change.

Economic shocks and the geo-economics of world trade

As economic powers from the developing world, particularly China, have emerged in the past few decades, their weight has altered the balance in the global trading system. This has presented challenges in the World Trade Organisation (WTO), where the Doha Round of multilateral negotiations has dragged on for more than a dozen years. Frustrated by this stalemate, many countries have sought alternatives. Among these are ‘mega-regional’ trade agreements such as the proposed Transatlantic Trade and Investment Partnership (TTIP) between the US and EU, and a 16-member Trans-Pacific Partnership (TPP).In this volume, leading commentators – including two former heads of the WTO – examine the possible consequences of this shifting trade landscape. Is globalisation in reverse, and have countries been retreating from liberalisation since the world financial crisis of 2008– 09? Are the ‘mega-regional’ deals an existential threat to the WTO regime, or can they be used as building blocks towards wider multilateral agreement on a broad range of issues, from industrial standards to intellectual property rights. And what does it all mean for the balance of geopolitical power between the developed and developing world?

Ideas and power in contemporary trade development

As economic powers from the developing world, particularly China, have emerged in the past few decades, their weight has altered the balance in the global trading system. This has presented challenges in the World Trade Organisation (WTO), where the Doha Round of multilateral negotiations has dragged on for more than a dozen years. Frustrated by this stalemate, many countries have sought alternatives. Among these are ‘mega-regional’ trade agreements such as the proposed Transatlantic Trade and Investment Partnership (TTIP) between the US and EU, and a 16-member Trans-Pacific Partnership (TPP).In this volume, leading commentators – including two former heads of the WTO – examine the possible consequences of this shifting trade landscape. Is globalisation in reverse, and have countries been retreating from liberalisation since the world financial crisis of 2008– 09? Are the ‘mega-regional’ deals an existential threat to the WTO regime, or can they be used as building blocks towards wider multilateral agreement on a broad range of issues, from industrial standards to intellectual property rights. And what does it all mean for the balance of geopolitical power between the developed and developing world?

The geopolitics of the TTIP and the TPP

As economic powers from the developing world, particularly China, have emerged in the past few decades, their weight has altered the balance in the global trading system. This has presented challenges in the World Trade Organisation (WTO), where the Doha Round of multilateral negotiations has dragged on for more than a dozen years. Frustrated by this stalemate, many countries have sought alternatives. Among these are ‘mega-regional’ trade agreements such as the proposed Transatlantic Trade and Investment Partnership (TTIP) between the US and EU, and a 16-member Trans-Pacific Partnership (TPP).In this volume, leading commentators – including two former heads of the WTO – examine the possible consequences of this shifting trade landscape. Is globalisation in reverse, and have countries been retreating from liberalisation since the world financial crisis of 2008– 09? Are the ‘mega-regional’ deals an existential threat to the WTO regime, or can they be used as building blocks towards wider multilateral agreement on a broad range of issues, from industrial standards to intellectual property rights. And what does it all mean for the balance of geopolitical power between the developed and developing world?

Trade, development and developmental regionalism

As economic powers from the developing world, particularly China, have emerged in the past few decades, their weight has altered the balance in the global trading system. This has presented challenges in the World Trade Organisation (WTO), where the Doha Round of multilateral negotiations has dragged on for more than a dozen years. Frustrated by this stalemate, many countries have sought alternatives. Among these are ‘mega-regional’ trade agreements such as the proposed Transatlantic Trade and Investment Partnership (TTIP) between the US and EU, and a 16-member Trans-Pacific Partnership (TPP).In this volume, leading commentators – including two former heads of the WTO – examine the possible consequences of this shifting trade landscape. Is globalisation in reverse, and have countries been retreating from liberalisation since the world financial crisis of 2008– 09? Are the ‘mega-regional’ deals an existential threat to the WTO regime, or can they be used as building blocks towards wider multilateral agreement on a broad range of issues, from industrial standards to intellectual property rights. And what does it all mean for the balance of geopolitical power between the developed and developing world?

Power shifts and new blocs in global trade

As economic powers from the developing world, particularly China, have emerged in the past few decades, their weight has altered the balance in the global trading system. This has presented challenges in the World Trade Organisation (WTO), where the Doha Round of multilateral negotiations has dragged on for more than a dozen years. Frustrated by this stalemate, many countries have sought alternatives. Among these are ‘mega-regional’ trade agreements such as the proposed Transatlantic Trade and Investment Partnership (TTIP) between the US and EU, and a 16-member Trans-Pacific Partnership (TPP).In this volume, leading commentators – including two former heads of the WTO – examine the possible consequences of this shifting trade landscape. Is globalisation in reverse, and have countries been retreating from liberalisation since the world financial crisis of 2008– 09? Are the ‘mega-regional’ deals an existential threat to the WTO regime, or can they be used as building blocks towards wider multilateral agreement on a broad range of issues, from industrial standards to intellectual property rights. And what does it all mean for the balance of geopolitical power between the developed and developing world?

Is trade multilateralism being threatened by regionalism?

As economic powers from the developing world, particularly China, have emerged in the past few decades, their weight has altered the balance in the global trading system. This has presented challenges in the World Trade Organisation (WTO), where the Doha Round of multilateral negotiations has dragged on for more than a dozen years. Frustrated by this stalemate, many countries have sought alternatives. Among these are ‘mega-regional’ trade agreements such as the proposed Transatlantic Trade and Investment Partnership (TTIP) between the US and EU, and a 16-member Trans-Pacific Partnership (TPP).In this volume, leading commentators – including two former heads of the WTO – examine the possible consequences of this shifting trade landscape. Is globalisation in reverse, and have countries been retreating from liberalisation since the world financial crisis of 2008– 09? Are the ‘mega-regional’ deals an existential threat to the WTO regime, or can they be used as building blocks towards wider multilateral agreement on a broad range of issues, from industrial standards to intellectual property rights. And what does it all mean for the balance of geopolitical power between the developed and developing world?