WTO Member Countries Research Articles

WTO tariff commitments and temporary protection: Complements or substitutes?

There is a long-held notion in the trade policy literature that traditional tariff instruments and temporary protection (TP) measures are substitutes. Despite this prediction, there is only mixed empirical evidence for a link between tariff reductions and the usage pattern of antidumping, safeguard and countervailing duties. Based on recent theoretical advances, I argue in this paper that the relevant trade policy margin for implementing TP measures is instead tariff overhangs, the difference between WTO bound and applied tariffs. Lower tariff overhangs constrain countries to raise their MFN applied rates without legal repercussions, independent of past tariff changes. Using detailed sectoral data for a sample of 30 WTO member countries during the period 1996–2014, I find strong evidence for an inverse link between tariff overhangs and TP activity. This result implies that tariff overhangs and TP measures are substitutes, vindicating the importance of existing tariff commitments as a key determinant of alternative protection instruments.

Violation of the «right to» commercial secrecy and know-how

The article is devoted to separate problematic issues concerning the violation of the «right to», or rather, the «right of access» to commercial secrets and know-how, taking into ac­count the physical nature of «information as such».At present, the legal doctrine has developed two approaches to understanding the «right to» information. As for the first approach, the «right to» information is regarded as a subjective right. According to the second approach, the subjective right to information (confidential information) does not exist, and the term «right to» information is used only as conditional, since in reality it is a «right of access» to information (confidential information).The author comes from the position that the information is a message containing (in itself) the information, and for familiarization with them is not assigned the exclusive right, and especially the «property right», then, accordingly, there is no subjective right. Therefore, the term «right to» information (confidential information in the form of commercial secrets and know-how) is not an exact scientific formulation. More pre­cise scientific formulation, which more adequately reflects its essence, is the term «right of access» to information (confidential information in the form of commercial se­crets and know-how). Therefore, in the article the term «right to» commercial secret and know-how is used as conditional.The violation of the «right of access» to commercial secrets and know-how in gener­al and in the field of pharmacy, in particular, are illegal ways of obtaining such confi­dential information (commercial secrets and know-how), unlawful disclosure and other unlawful actions that violate the said right.Unlawful ways to obtain commercial secrecy and know-how include industrial es­pionage, bribery of an official (employee) who actually controls commercial secrets or know-how, unlawful penetration into the premises of his owner, listening to commu­nications, illicit acquaintance with the content of correspondence, containing commer­cial secrets or know-how, etc.Also, the commercial secret (know-how), is one way to protect against unfair competi­tion and is carried out in accordance with Art. 10bis («Unfair competition») and Art. 10ter («Trademarks, trade names, false indications, unfair competition, remedies, the right to go to court») of the Paris Convention for the Protection of Industrial Property. The na­tional legislation on unfair competition does not, as such, fulfill the function of protecting «rights», but rather the law-protected interests of a person who is in fact controlling com­mercial secrets or know-how, but gives way to general civil law. The main feature of the rules of such legislation is its legal and protective nature.So we can say that the protection of commercial secrets (know-how) is carried out in the framework of the fight against unfair competition, provided by article 10bis of the Paris Convention. Also, according to Art. 10ter in the process of ensuring effective protection against unfair competition, the participating countries undertake to pro­vide such nationals of other countries of the Union with the following protection: nat­ural and legal persons lawfully controlling confidential information shall be entitled to prevent the disclosure, receipt or use of such information without their consent other persons, if the latter have done so in ways that are contrary to honest commer­cial practice. In the notion of a method that is contrary to honest commercial practice, the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement) invests in breach of contract, breach of trust, in­citement to violation; the acquisition of closed information by third parties who knew or committed gross negligence without knowing that actions that contradict honest trading practices were allowed in the process of such acquisition.It can be stated that the TRIPS Agreement was the first time at the international level to identify the notions of protecting undisclosed information (commercial se­crets) as a means of information protection, the use of which is legally controlled by a legal entity. In general, in the past, many countries have addressed the issues of pro­tecting trade secrets or know-how no matter other than the issues of secrecy or indus­trial property protection. In order to meet the signs of the TRIPS Agreement, WTO member countries will have to protect all commercially valuable secrets.

The US Trade Regulation Policy and Korea’s Counter Plans

본 논문은 세계무역환경의 변화와 미국의 보호무역주의 정책에 따른 문제점과 시사점을 도출 하여 한국기업들에게 정책적 시사점을 제공하는데 그 목적이 있다. 이를 위해 최근 미국의 보호 주의적인 통상규제정책에 대하여 문제점을 이론적으로 분석하고, 이에 대한 실무적 대응방안을 제시하였다. 미국은 국가안전보장과 국가경제를 중시하는 통상정책, 미국경제의 강화, 미국에 이익이 되는 통상협정의 체결, 미국통상법의 공격적인 집행, 다국간 통상시스템의 개혁 등을 목표로 통상 전략을 새롭게 추진하고 있으며, 이를 위해 NAFTA재협상과 중국에 대한 통상정책을 강화하고 있다. 또한 반덤핑법, 상계관세, 긴급수입제한조치, 무역기술장벽(TBT)과 미국의 국내법인 미통 상법 301조, 1962년 통상확대법 232조를 역외 적용하여 통상규제정책을 강화하고 있다. 결론적으로 미국의 보호주의적 통상규제정책은 장기간 계속되고 있으며, 갈수록 강화되고 있으므로 부당한 통상규제정책에 대해서는 WTO분쟁해결절차에 제소하는 등 적극적인 통상정책을 추진하여야 하며, WTO회원국들과 공조체제를 구축하여 공동으로 대응하여야 할 것이다.Purpose : The purpose of this study is to examine how world trade environment has changed and draw problems and implications related to the US policy on protectionism and also provide political implications for Korean companies. Research design, data, methodology : This author has analyzed problems found in the US’ latest protectionist trade policy theoretically and suggested how to cope with them practically here. Results : The US is promoting new trade strategies with its goals to obtain national security, practice trade policy valuing state economy, enhance the US economy, conclude trade agreements beneficial to the US, enforce its trade act aggressively, and also reform multilateral trade systems, and to realize this, it is conducting NAFTA renegotiations and reinforcing its trade policy towards China. In addition, it is strengthening its trade policy by applying Anti-dumping duties, Countervailing duties, Safeguards, Technical Barriers to Trade(TBT), and also the parts of the US’ domestic laws such as Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962 to other countries, too. Conclusions : The US’ protectionist trade policy has continued for a long period and is becoming solidified with the lapse of time; therefore, trade policy should be promoted actively by doing such things as sending trade policy that is unfair to WTO Procedures Governing the Settlement of Disputes, and also, it is necessary to build up cooperative systems with WTO member countries and cope with them together.

An epidemic of tariffs? infectious disease and global trade in an era of change

Purpose: Purpose: To examine the current state of trade related embargoes and regimes and how they affect or are impacted by outbreaks of infectious diseases. Methods & Materials: Methods & Materials: Based on notifications to the World Trade Organization of urgent measures related to health concerns four historical case studies were reviewed: BSE (2000), Cholera in Lake Victoria (1998-2002), Cholera in Peru (1991) and Ebola (2014-2015). Subsequent notifications are also systematically reviewed. These observations are then placed in the context of IHR implementation and the shifting paradigms of the global multilateral trade regime. Results: Results: 1) Health is the major justification provided for urgent measures trade disruption by WTO member countries 2). Historically trade disruption is the major indirect cost of epidemics of infectious diseases 3) “Regionalization” as a national strategy by embargoed countries has mitigated costs of infections declared within nations. 4) In the era of IHR implementation the system remains vulnerable to non tariff trade restriction due to infectious disease outbreaks. This vulnerability may increase in this era of bilateral tariff restrictions. Conclusion: Conclusion: As the global multilateral trading system enters a period of unprecedented challenge through “security” related tariffs and reciprocal tariffs on goods, the potential costs of outbreaks require careful consideration to assure population health into the future.

Flexibilities under TRIPS-An analysis of Indian patent regime in respect of section 3 (d)

The policy environment has now changed that TRIPS agreement of WTO is binding on all member countries of WTO basically aims at establishing strong minimum standards for intellectual property rights. Under TRIPS, all the member countries will have to provide product patent protection in all products including pharmaceuticals, within the time specified. In order to gain the economic and political benefits of participation in the WTO’s trading system, India had no choice but to bring its patent laws into conformity with the WTO’s intellectual property rules as set forth in TRIPS. Compliance with TRIPS was not the sole driver for the transformation of India’s patents regime, however. Just as India made a deliberate choice in the 1970s to jump-start its indigenous generic drug manufacturing industry by prohibiting the grant of patents on pharmaceutical products, in 2005 it again made a deliberate choice to stimulate domestic innovation in new medicines and therapies. The famed section 3(d) of the Indian patent Act 1970 though amended by 2005 leads to so-called generic v/s innovators war. Its origin lies in generics-centered mind- set of the nation, as a whole; on the other hand, it has the ‘seeds of innovation’.

Modelling welfare effects under Pakistan–China free trade agreement

PurposeThis paper aims to empirically examine the trade creation and diversion impacts on merchandise imports of Pakistan under the Pakistan–China Free Trade Agreement (FTA). The analysis of Pakistan’s preferential treatment with its largest trade partner as well as the most substantial exporter of the world will help to shape trade policy, open windows for academic research and also gives an immense contribution in literature.Design/methodology/approachA disaggregated panel data on the imports of Pakistan from China and other WTO member countries and tariff concessions at Harmonized System (HS) two-digit level used for the agreement period of 2006-2012. The empirical analysis takes care of bias through robust and panel-corrected standard errors with time, industry-specific effects and controlling for multilateral trade resistance.FindingsEvidence found in support of trade creation under the Pakistan–China FTA. It means overall this agreement increased the welfare of Pakistani consumers.Practical implicationsFindings are in favour of negotiations and signing for the next round of this agreement and with other major trade partners like the US and Saudi Arabia.Originality/valueIt is worth investigating empirically the impact of preferential trade liberalization between Pakistan – a developing country – and China – the largest importer of the world – explicitly, in the form of trade creation or diversion. The empirical assessment of this FTA signed with the world’s largest exporter will not only contribute immensely to the literature but also help in trade policy formulation and open windows for academic research. Another unique aspect of this study is the use of disaggregated data consisting of all goods imports along with tariff concessions at two-digit Harmonized System (HS) code.

TRIPS FLEXIBILITIES AND INDIA’S PLANT VARIETY PROTECTION REGIME: THE WAY FORWARD

Article 27.3(b) of the TRIPS Agreement provides that members shall provide for protection of plant varieties either by patents or by an effective sui generis protection or both. While WTO member countries can choose from among intellectual property strategies to protect plant varieties, they may not choose to exclude plant varieties from IP rights protection without facing trade sanctions from the WTO dispute resolution body. The open-ended language of the article creates a flexible standard of protection sympathetic to developing nations’ socio-economic priorities, provided that the effectiveness requirement is satisfied. This flexibility presents a range of possibilities from systems like the plant patent regime of the United States or specific variety protection systems of the European Union to the possibility of customized plant protection regimes suited to the needs of developing nations. India, while complying with the requirements of the TRIPS Agreement for the protection of plant varieties, enacted the Protection of Plant Varieties and Farmers’ Rights Act. The fundamental ideology of the PPVFR Act is to address India’s concerns about protecting the rights of small and marginal farming communities, while at the same time promoting plant breeding by vesting adequate IP rights protection which will boost further research and innovation in this field. This paper argues that as it is necessary to recognize and protect the rights of farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties, the PPVFR Act has maintained a balance between breeders’ rights and farmers’ rights. The PPVFR Act protects farmers’ rights to save, use, exchange and share all farm produce, including seeds that fall within the purview of the Act, and it provides protection of indigenous knowledge against unwary monetization.

A Panel Data Analysis of Chinas Trade Pattern with OPEC Members: Gravity Model Approach

In this study, we have endeavoured to explain China’s trade pattern with OPEC member countries by employing gravity model over the period 1990-2016. The estimation results demonstrate that the gravity equation fits the data pragmatically. China was the first biggest oil importer worldwide with about 73 per cent of her oil coming from OPEC member countries. In fact, energy can be considered as the most traded commodity and also the core reason for the trade volume growth between China and the OPEC member countries in last two decades. We have confirmed that China’s bilateral trade with OPEC members positively impacts on GDP, income (GDP per capita), trade openness in China and the WTO member countries in OPEC. While negatively influence on distance (trade cost) and supports Linder hypothesis. Depreciation in bilateral exchange rates also negatively influence on China’s bilateral trade with OPEC.

World Trading Signals for Indian Agriculture during WTO Regime: Multi-Stakeholders Decision Making

Globally, any country in the world either exporting or importing country need to look at international market signals. Agriculture is one of the most contorted sectors in international trade. The study is basically based on estimation and identification of various international trading signals to advocate their usefulness in decision making to multi-stake holders. Study period is 1990-91 to 2015-16 and the study employed is the Foreign Trade Philosophy to analyze the international market signals, trends, growth rates, elasticity’s, instability index, AOI, meta-analysis and the vision. It was observed that the export and import price elasticity’s for all the crops shown are positive except the wheat export price elasticity (-0.3%) and import price elasticity of soybean (-0.45%). Among cereals, pulses, oilseeds and fiber crops, rice (1.24%), peas (2.36%), mustard (0.97%) and cotton (0.75%) have high export elasticity’s respectively. These trade price elasticity’s are the important signals for the policy makers to layout the future trade. Study observed that the domestic support offered in the agricultural sector in Russia, India, China and New Zealand is more compared to other WTO member countries. Technical Barriers to Trade, Sanitary and Phytosanitary and Anti-dumping were found to be the most prominent in world and the highest imposed in Asia, Europe and North America. Study concluded, India has a comparative advantage in pulses, oilseeds and wheat and terms of trade of India’s cereals (except rice, maize), pulses (except pigeon pea, peas), cotton and jute which were found to be increased. The poor treatment towards the agriculture sector by the governments and World Bank Funding was observed. India’s import basket majorly consists of oilseeds and rice is the major exported product. Present study adds to the research directed at the impacts of domestic support and measures policies for WTO negotiations.

Promotion Strategy and Economic Effect of an Inter-Korean CEPA

This study examines the necessity and possibility of an inter-Korean FTA in order to expand inter-Korean economic cooperation and economic integration between the two Koreas. In the meantime, inter-Korean economic cooperation has been free of tariffs (zero tariffs) since 1992 in accordance with the principle of domestic transaction, and has been tolerated by the international community. However, as the scale of inter-Korean economic cooperation increases and economic integration is discussed in a fuller context, it is expected to become inevitable for the international community to raise the issue of trade practices. Also in the long run, if North Korea joins the WTO, there is the possibility of a complaint being lodged against South Korea, a member of the WTO, by WTO member countries. In this paper, we propose a Closer Economic Partnership Arrangement (CEPA) as a new development model of inter-Korean economic cooperation that will secure international legal legitimacy and contribute to economic change in North Korea. According to this study, it would be desirable to conclude the CEPA between the two Koreas in the form of an inter-agency arrangement rather than an intergovernmental agreement. Also, given the dynamics of the relationship between North and South Korea, it is important for the two Koreas to secure the irreversibility of agreements reached by defining as much detail as possible during the initial negotiations.

МОДЕЛЬ ІМПОРТОЗАМІЩЕННЯ НА ВІТЧИЗНЯНОМУ РИНКУ СВІТЛИХ НАФТОПРОДУКТІВ

У статті систематизовано проблеми, закономірності та фактори формування середовища конкуренції на українському ринку бензину та дизельного пального, виявлено особливості його взаємодії з іншими ринками та галузями національної економіки. Встановлено, що одним з головних дестабілізуючих чинників розвитку вітчизняного ринку автомобільного пального є надмірна імпортна залежність в умовах нестабільності валютного курсу. З урахування світового досвіду державного регулювання ринку автомобільного пального, обґрунтовано модель імпортозаміщення на вітчизняному ринку світлих нафтопродуктів, запропоновано використання кооперативних механізмів розвитку ринку бензину та дизельного пального. Запропоновано алгоритм встановлення імпортного мита на світлі нафтопродукти, який базується на використанні диференційованого географічного підходу і синхронізації з процесами модернізації вітчизняних нафтопереробних підприємств.

Sanctions by the WTO Member Countries as a Catalyst for the Development of a Competitive Import Substitution by Domestic Enterprises

The article analyzes the economic and geopolitical situation prevailing in the world at the present stage of development. Imposition of sanctions by the European Union member states against the Russian Federation, which are in total disregard of the norms of the World Trade Organization, is nothing other than a sign of weakness in the face of a rapidly developing country aspiring to dominate and become the undisputed reference point for the entire international community. The authors conclude that a violation of the established norms by the World Trade Organization member countries did not result in the negative effects for the economy of our country expected by Western partners; on the contrary, it was an incentive to activate the latent reserves of domestic business entities to implement competitive import substitution.

Did Anti-Dumping Duties Really Restrict Import?: Empirical Evidence from the US, the EU, China, and India

This paper studied the effects of anti-dumping measures on the imports to investigate whether the trade restriction effect of an anti-dumping duty is dominant. Our results indicate that a 1% increase in the anti-dumping duties decreases the import of the targeted product by about 0.43~0.51%. The actual statistics, however, show that the total import of the targeted products increased by about 30 percent while an anti-dumping duty was in force. That indicates that an anti-dumping duty is just a temporary import relief. This paper also investigated whether an anti-dumping duty is terminated in the case that the injury would not be likely to continue or recur if the duty were removed. The hazards model estimates show that increase in market share, MFN tariff rate, and dumping margin decrease the hazard of termination of an anti-dumping duty, but the increase in value added increases the hazard of termination. Generally speaking, this result indicates that the WTO member countries have regulated the overuse of an anti-dumping measure. The findings of this paper show that there is a country- and industry-wise heterogeneous characteristic in the effect as well as termination of an anti-dumping duty.

Economic Effects of Anti-Dumping Duties: Protectionist Measures or Trade Remedies?

This paper studied the effects of anti-dumping measures on the imports to investigate whether the trade restriction effect of an anti-dumping duty is dominant in the US, the EU, China, and India from 1996 to 2015. Our results indicate that a 1% increase in the anti-dumping duties decreases the import of the targeted product by about 0.43~0.51%. The actual statistics, however, show that the total import of the targeted products increased by about 30 percent while an anti-dumping duty was in force. That indicates that an anti-dumping duty is just a temporary import relief. This paper also investigated whether an anti-dumping duty is terminated in the case that the injury would not be likely to continue or recur if the duty were removed. The increase in market share, MFN tariff rate, and dumping margin turns out to decrease the hazard of termination of an anti-dumping duty, but the increase in value added increases the hazard of termination. Generally speaking, this result indicates that the WTO member countries have regulated the overuse of an anti-dumping measure. It also implies that anti-dumping duties have been used as a tool for trade remedy. The findings of this paper show that there is a country- and industry-wise heterogeneous characteristic in the effect as well as termination of an anti-dumping duty. To conclude, an anti-dumping duty is not necessarily a protectionist measure if it is effectively controlled by the WTO rules. In this sense, the WTO member countries need to introduce a more transparent mechanism and due process.

Optimal Trade Policy, Equilibrium Unemployment and Labor Market Inefficiency

Why do politicians advocate trade protections to save domestic jobs when neoclassical trade models suggest that small open economies should implement free trade? The novel insight of this paper is that trade protections can be rationalized as a second-best policy that improves the domestic welfare when the equilibrium unemployment is different from the constrain-efficient unemployment. To understand the puzzle, we incorporate a Diamond-Mortensen-Pissarides frictional labor market into the standard Heckscher-Ohlin model of international trade. The model offers various findings. First, when the relative price of the labor (capital)-intensive good increases, equilibrium unemployment decreases (increases). Second, the labor market in a competitive equilibrium is constrained-efficient when the Hosios condition is satisfied. Third, a capital-abundant country with inefficiently high unemployment may experience welfare losses from trade. Conditional on having the same observed trade share, a labor-abundant country with inefficiently high unemployment have an extra welfare gain from international trade that is not present in traditional models without equilibrium unemployment. Finally, when the la- bor market in a small open economy generates inefficiently high equilibrium unemployment, the optimal trade policy is to raise the domestic price of its labor-intensive goods (an import tariff in a capital-abundant country and an export subsidy in a labor-abundant country). Free trade is optimal only when a labor market is initially efficient. The model predictions are sup- ported by patterns of tariffs in WTO member countries.

Domestic Manufacturing Trends within Developing Nations Following WTO Accession

The shift in the new members of the World Trade Organization from developed countries to underdeveloped countries has resulted in vastly increased access to new export markets for these underdeveloped countries. As such, the process of accession into the WTO has been increasingly coveted by underdeveloped countries, and numerous studies highlighted increased trade in the years after WTO accession for a new member. Underdeveloped WTO member countries, in particular China, have received a unprecedented scrutiny in international trade, as their overall economies have greatly benefited, prompting anti-dumping grievances from developed countries due to their massive success in the export of manufactured goods. This has changed the purview of the WTO from trade dispute resolution to trade protection. Nevertheless, the economic success accruing in China after WTO membership in 2001 has been so substantial that other countries are devoting vast resources to seeking and navigating through the accession process, provoking coinciding outcries from developed countries for a more stringent WTO accession process because of protectionist concerns about the dumping of products from underdeveloped countries into their domestic markets. This study will assess manufacturing-related GDP in developing countries after WTO accession in order to determine the validity of these recent complaints directed at the WTO.

Post Bali Doha Round and MC10: Korea's Perspective

The July deadline for the Doha Round “work program” was missed. The WTO DG urged delegations to come prepare this autumn to redouble their efforts toward reaching “substantive outcomes” ahead of their December ministerial conference in Nairobi, Kenya. However, it seems hardly likely that WTO members will reach a compromise on the work program any time soon, as the Doha negotiations themselves remain deadlocked. In order to settle on even a small package at the Nairobi ministerial conference, major players such as the U.S., EU, China, India, and Brazil should establish a compromise on the following several key issues through strong political will. First, in domestic support of agricultural negotiations, the OTDS is likely to be a key determinant of possible outcomes as a whole. First attempt to reach an agreement in this area will consist of mutual concession based on self-reflection and mutual recognition. In many ways the significance of this item is small compared to the gains from better market access and the removal of export subsidies. Second, the most important item on the DDA agricultural and NAMA agenda is market access, particularly tariff reduction methods. In order to reach an agreement on tariff reduction formulas in both agriculture and NAMA, additional flexibilities with very strong conditions need to be incorporated into the average tariff cut method. Instead, both the average reduction rate and the minimum reduction rate need to be raised properly in the average tariff cuts. This idea is a kind of trade-off between flexibilities and reduction rates within the average tariff cut approach. Third, the MC10 is the first WTO ministerial to be held in sub-Saharan Africa. Thus, advanced countries should concede the priority demands of developing countries, in particular the African and least-developed countries, with respect to the Development Agenda such as LDC issues. Fourth, WTO members need to pay attention to high costs incurred by delayed implementation of the Trade Facilitation Agreement. WTO member countries should seek to assure that the TFA enters into force before or just after the Nairobi Ministerial in December 2015. Finally, Developing members need to realize that developed countries are leading mega-regional FTA such as TPP and TTIP and engaged in plurilateral negotiations such as TiSA and EWG, which will occupy center stage in world trade policy as a consequence of the DDA’s failure. If developed countries create their own league of trade liberalization based on mega FTAs or plurilateral negotiations, then the WTO could fall into a small league composed only of developing countries.

Intellectual property protection in India and implications for health innovation: emerging perspectives

With the advent of TRIPS, the IP regimes have changed in most WTO member countries. India also came up with its own version of TRIPS compatible IP regime which has been hailed by some as a „model‟ regime for developing countries, while others are not convinced that it will provide the right incentives for medical innovation and enhance access to healthcare. This paper undertakes a review of available studies to provide a perspective on the role of IP protection in developing healthcare innovations. Broadly, the relevant literature in the context of India has followed two strands: some studies focus on the implications of the new IP regime on access to healthcare, while others explore the implications of IP on innovation in general and medical innovation, in particular. Interestingly, the two strands do not converge. Moreover, many studies view IP driven innovations as a constraint on access, as these are expected to be monopolized by the IP owner. We argue that there is merit in viewing healthcare access and innovation as complementary processes. This is particularly the case when one defines „health innovation‟ more broadly to include:(a) Product innovations in drugs; (b) Process innovations in pharmaceutical industry; (c) New drug delivery mechanisms , bio-enhancers and dosage forms; (d) Product innovations in medical equipment and devices; (e) Innovations in the delivery of health services; and (f) Policy innovations to enhance access to healthcare.

WTO, Quality & Quality Improvements: Pros & Cons and Actions Needed in Pakistan

Two of the WTO agreements, SPS & TBT, deal with sanitary and phytosanitary (SP from diseases carried by animals, plants or products thereof; and from risks and damages arising from the entry, establishment or spread of pests, diseases, disease-carrying organisms or diseasecausing organisms. These agreements also make it obligatory on WTO member countries to ensure that such SP Pakistan, being a country belonging to the latter category, has faced threats of rejection of her exports on several occasions during the recent past. To remedy the situation, Pakistani experts responsible for quality need to consult United Nation’s Codex Alimentarious Commision (CAC), International Plant Protection Convention (IPPC) and International Office of Epizootics (OIE), which establish standards, guidelines and recommendations for plant and animal health. These international organizations are there to assist in provision of information on food products’ standards, pesticides and veterinary drugs MRLs, ADIs prescribed for food additives, methods of analysis and sampling, codes and guidelines of hygienic practices and packaging & labeling requirements. For quality conc erns other than ones covered by the above stated organizations, other international organizations, which are open to all WTO member countries, may be approached. Similarly, the US, EU, Japan and a number of other developed OECD member countries have developed and adopted some more sophisticated measures to deal with quality concerns; such measure will have to be taken care of while adopting and improving quality standards in Pakistan. Packing and labelling also need special attention, and individual developed countries may have their own packaging and labelling requirements, which need to be studied and adopted while doing trade with such countries.

PARTICULAR ASPECTS OF THE WTO MECHANISMS APPLICATION TO PROTECT THE NATIONAL ECONOMIC INTERESTS OF UKRAINE

The purpose of the paper is to analyze the issue of applying by Ukraine of mechanisms developed in the legal framework by the World Trade Organization to protect the internal market in order to prepare appropriate recommendations to state power authorities empowered to carry out trade policy. Methodology. The study is based on studying the experience of Ukraine to revise its commitments on tariff lines for the first three-year period after the accession to the WTO, as well as on the analysis of the most resonant steps to protect the internal market taken by Ukraine and the consequences of these steps. Result. The issue of applying by Ukraine of tools developed by the World Trade Organization to protect the interests of national producers has been described in this article. The situation of the use by Ukraine of a right to review the conditions of membership in the WTO has been reviewed step by step starting from the studying of this issue within the country and to the statements by the Government not to use this feature. All the stages of the process of using the possibility to revise the conditions of membership in the WTO have been analyzed as well as the mistakes that led to the absence of the desired result in the end. Also, the basic tools of protection of the domestic market in the WTO system, such as anti-dumping investigation and the investigation concerning the subsidized imports has been considered The dynamics of the use of such investigations by all WTO member countries since the establishment of the WTO, with particular emphasis on the period of the financial and economic crisis of 2008-2010 has been reviewed. The number of successful investigations led to the application of certain protective measures also has been determined. The risks that arise in the absence of the Government of Ukraine steps to improve the efficiency of representation of interests in the WTO have been analyzed. Recommendations improving the use of WTO mechanisms to protect domestic producers have been offered. Changes in the legislative framework of Ukraine, which will help to improve the practice of defending the interests of national producers in compliance with WTO rules, have been proposed. Special attention is paid to the issues under discussion by WTO committees and the impact that will have the decisions taken in these committees on the WTO member countries. The main objectives of participation of WTO member countries in the work of these committees have been systemized and the main benefits of active participation in their work have been indicated. The practical significance. The data obtained can be used by public authorities of both Ukraine and other countries that have recently acceded to the WTO in order to improve the use of institutions and mechanisms created by this organization for the realization of their national economic interests. The same analysis of the experience of the first attempts to revise by Ukraine of its commitments to the WTO will be useful during the second revision of the conditions which, according to the rules of the WTO, occurs every three years.