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WTO Rules Research Articles

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652 Articles

Published in last 50 years

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  • World Trade Organization Agreements
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Articles published on WTO Rules

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Mission Impossible? Promoting Global Sustainable Development in Times of National Industrial Policies

ABSTRACTThis paper argues that the growing space for industrial policies, at least in its present form and shape, is unlikely to promote sustainable development in most Global South countries, especially in the smaller economies. This claim builds on those who have thought about structural transformations for and from the Global South throughout history. This vision contrasts with the policy recommendations of Rodrik, Mazzucato, and others who promote industrial policies as essentially national policies. They regard international cooperation and coordination in trade and investment with skepticism because it may erode the national policy space to implement these policies. My argument ultimately is not against industrial policies or a more active role of the state. Instead, a critical insight is that WTO rules were never the only reason against industrial policies or economic experimentation in the Global South, and that cooperation and coordination remain necessary to promote sustainable development on a global scale.

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  • Journal IconGlobal Policy
  • Publication Date IconJun 3, 2025
  • Author Icon Nicolás M Perrone
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From Paralysis to Renewal:

The increasing complexity of international disputes and the significant shifts in political and economic relations underscore the imperative for reforming the current WTO dispute settlement mechanism. The paralysis of the Appellate Body and the diminishing authority and credibility of the mechanism, exacerbated by the United States' trend toward de-judicialization, reveal fundamental flaws in WTO rules and the fragility of the multilateral trading system. Key factors contributing to the crisis include the challenges of adapting traditional rules to the new environment, the encroachment of sovereign interests, the risks of politicization, and the inadequacies of institutional design and effectiveness. At the core of the crisis is the clash between the inherent deficiencies of the system and the proactive judicialization trend, which necessitates centering reform efforts on rehabilitating the Appellate Body's judicial functions. Systemic reforms should follow a two-pronged approach: modernizing the rules while improving institutional mechanisms. Additionally, reform efforts should focus on redefining the boundaries of judicialization and adjusting the dispute settlement models within the framework of regional trade agreements, thereby enhancing the resilience of the system and establishing a more inclusive and diverse dispute settlement mechanism.

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  • Journal IconRevista de Direito Internacional e Globalização Econômica
  • Publication Date IconMay 15, 2025
  • Author Icon Xiaoqian Hao
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Analysis of the WTO Compliance of the European Union's Carbon Border Adjustment Mechanism

The European Union's Carbon Border Adjustment Mechanism (CBAM), as the world's first cross-border carbon tariff regime, aims to balance climate policies and international trade rules through carbon cost equalization. However, its unilateral nature has sparked significant controversy regarding its compatibility with the WTO's multilateral framework. This article focuses on the potential conflicts between CBAM and WTO rules, highlighting that its differentiated carbon pricing mechanism may violate non-discrimination principles, its transitional policies implicitly favor domestic industries, and its stringent data requirements create technical barriers for developing countries. The controversy surrounding CBAM fundamentally reflects the inherent tension between global climate governance and the existing trade system: while unilateral measures might temporarily mitigate carbon leakage risks, they risk exacerbating trade protectionism and undermining multilateral cooperation. To address these challenges, this study proposes a multilateral approach centered on harmonizing international standards, fostering technical capacity-building, and reforming WTO rules. It advocates for inclusive institutional design to reconcile environmental objectives with trade equity, thereby offering a governance framework that balances efficiency and fairness for global low-carbon transitions.

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  • Journal IconAdvances in Economics, Management and Political Sciences
  • Publication Date IconMay 6, 2025
  • Author Icon Lingyi Lin
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Navigating the Intersection of Trade and Human Rights: A Critical Analysis of the Impact of US-Canada Trade Tensions on Indigenous Communities.

Purpose: The ongoing US-Canada trade tensions have sparked concerns about the potential human rights implications, particularly for Indigenous communities. This article critically examines the intersection of trade and human rights, analyzing the impact of tariffs and trade restrictions on the rights of Indigenous peoples. Through a review of international human rights law, trade agreements, and case studies, this article highlights the vulnerabilities of Indigenous communities in the face of trade tensions. It argues that governments, businesses, and Indigenous communities must work together to promote human rights and mitigate the negative impacts of trade tensions. Methodology: This study adopts a case study approach to examine the specific ways in which US-Canada trade tensions have affected Indigenous communities, particularly in relation to economic rights, land sovereignty, and cultural sustainability. It integrates legal analysis, policy review, and qualitative data collection to assess the broader human rights implications. A detailed review of trade agreements, including CUSMA (USMCA), WTO rulings, and domestic policies affecting Indigenous trade and resource rights. Findings: The ongoing trade tensions between the United States and Canada have had significant and often overlooked consequences for Indigenous communities whose economies, cultural practices, and sovereignty are deeply interconnected with cross-border trade. Unique contributions to theory, practice and Policy: While the broader economic implications of tariffs, resource disputes, and trade agreements such as the Canada-United States-Mexico Agreement (CUSMA) have been widely analyzed, the specific impact on Indigenous nations remains understudied. This paper critically examines how trade restrictions, tariffs, and border enforcement measures disproportionately affect Indigenous economic stability, self-governance, and treaty rights.

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  • Journal IconJournal of Modern Law and Policy
  • Publication Date IconMar 28, 2025
  • Author Icon Clement Appiah-Kubi
Open Access Icon Open Access
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Implikasi Sengketa Impor Daging Ayam antara Indonesia-Brazil yang diputus oleh Dispute Settelment Body (DSB) di WTO

The World Trade Organization, hereinafter referred to as the WTO, is an international organization part of the Economic and Social Council as an important component in international trade. In carrying out international trade activities, a legal instrument is needed to ensure the sustainability of trade and facilitate the resolution of disputes that will be experienced by the international community. The trade dispute between Indonesia and Brazil was caused by Indonesia's policy of stopping chicken meat imports from Brazil since 2009, causing Brazil to suffer huge losses because it could not export chicken meat to Indonesia. From the chicken meat import policy in Indonesia, Brazil demanded that Indonesia had carried out trade protection which violated various WTO rules. Indonesia's defeat in the DSB-WTO Panel was due to the many Indonesian policies that violated the WTO agreement and the inability of Indonesian representative diplomacy to resolve the dispute.

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  • Journal IconJurnal Hukum, Administrasi Publik dan Negara
  • Publication Date IconFeb 12, 2025
  • Author Icon Egi Fauzan Fikri
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Plurilateral Agreements, Multilateralism and Economic Development

Abstract Plurilateral agreements among sub-sets of economies have a long history within the multilateral trading system. Plurilaterals may appear superficially less attractive than a set of non-discriminatory multilateral rules that apply to all WTO members but may, both in theory and in practice, be better suited to accommodate diversity across countries in the desire and ability to regulate certain aspects of economic activity. As long as such differences between countries do not lead to discrimination or encroachment on other countries’ rights under WTO rules, it is potentially beneficial for the trading system to permit groups of countries to pursue regulatory cooperation, even if other countries do not wish to follow suit. The alternatives to greater accommodation of plurilateral cooperation in the WTO are more preferential (discriminatory) trade agreements and club-based initiatives outside the WTO. Both options are arguably worse for non-participating developing countries than incorporating open, transparent plurilateral agreements into the WTO. Opponents of plurilateral initiatives operating under WTO auspices run the risk of inducing further erosion of the multilateral trading system.

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  • Journal IconThe Journal of World Investment & Trade
  • Publication Date IconJan 3, 2025
  • Author Icon Bernard M Hoekman + 1
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Can WTO Rules Support the Dissemination of the EU-Style CBAM in HIDCs?

Can WTO Rules Support the Dissemination of the EU-Style CBAM in HIDCs?

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  • Journal IconSSRN Electronic Journal
  • Publication Date IconJan 1, 2025
  • Author Icon Xinyan Zhao
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Укоренение неопротекционизма в мировой экономике XXI века

By the early 2020s in the context of the combined effects of intensifying global competition for technological leadership, tightening trade protectionism and slowing global economic growth there has been emerging a new aggressive form of protectionism – neo-protectionism. The article analyzes the stages of neo-protectionism formation at the turn of the century. Actually, protectionism as an instrument of foreign trade policy has been used in world practice for almost 3 thousand years. Its forms have evolved over time as a response to the need to maintain or intercept global economic initiative in the face of the emergence of new innovative cycles. Classical protectionism (in the format of tariff restrictions for competitors) emerged in the era of the first industrial revolution. Hidden protectionism, which has been spreading since the 17th century as an instrument of non-economic coercion of competitors, finally took root in the foreign trade practices of countries by the 1950–1960s. At the turn of the 1980s and 1990s, hidden protectionism transformed into “protectionism 2.0”, which is characterized by increasing legalization of unilateral measures that restrict trade and act in the interests of sanctioning states outside the perimeter of regulation of GATT–WTO rules. In the 2020s neo-protectionism is taking root as an aggressive trade-force form of competitors’ coercion and “out of line” allies pressure. In the process of their transformation the instruments of each form of protectionism are not abolished but are given new content and, if necessary, are used in a complementary manner. The paper identifies three key factors for the increasing spread of neo-protectionism: a sharp increase in competition for economic and technological leadership between the countries of the Global North and the Global South, the insufficiency of the Western countries’ own raw material base to ensure an innovative transition and new reindustrialization, and the emerging fragmentation of the global economy according to a block type. It is concluded that the rooting of neo-protectionism policies may lead to a new round of global recession and exacerbate the overall fragility of the global economy. The hypothesis is supported that the confrontation between new version of protectionism and mercantilism will continue in the coming years.

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  • Journal IconWorld Economy and International Relations
  • Publication Date IconJan 1, 2025
  • Author Icon A Mal'Tsev + 1
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Palm Oil Smallholders in Peril: Indonesia Urgency in Aiding Smallholders to Compete Fairly in their Playing Field

This research is conducted to express the urgency for the Government of Indonesia to adopt a regulation concerning the protection of palm oil smallholders. Such adoption is necessary since the partnership agreement between this minor group with the non-plantation enterprise is ineffective due to the conflicting interests between the Minister of Agriculture and the Minister of Industry. To achieve this purpose, this article is written based on doctrinal research by gathering rules under the MSMEs Law, the Competition Law, the Capital Investment Law, the Job Creation Law, and the SCM Agreement. This article is also supported by the justice fairness theory by Rawls. The first discussion of this article discusses the urgency to adopt this government regulation based on the MSMEs Law and the Competition Law which is to enforce the partnership agreement. Furthermore, the second discussion analyzes the Capital Investment Law and the Job Creation Law so that this aspired law shall balance the rights and obligations of the smallholders and the non-plantation enterprise. Last but not least, the third discussion discusses what to anticipate according to the WTO rules on subsidies. In the aftermath, this article suggested next research discussing the distribution of authorities between the MOA and the MOI.

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  • Journal IconSIGn Jurnal Hukum
  • Publication Date IconDec 12, 2024
  • Author Icon Oktavani Yenny + 1
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WTO Legality Analysis of the European Union's Carbon Border Adjustment Mechanism and China's Response

Now that the EU Carbon Border Adjustment Mechanism (CBAM) has entered into force and is entering a transition period, its compliance with WTO trade rules has been controversial. CBAM's differential treatment of goods from different origins based on their carbon content violates the GATT principle of non-discrimination and may result in WTO members being denied fair, just and equal treatment in international trade. CBAM is a tax on the carbon emissions of some specific imported goods, requiring high-carbon products imported into or exported from the EU to pay the corresponding amount of tax or refund the corresponding carbon emission quotas, thus affecting China's export trade. This study mainly utilizes literature research method and comparative research method. At the international level, analyze whether CBAM can meet the WTO legal requirements to construct international carbon tariff rules separately from the existing WTO rules, affecting the global environment and climate change issues. At the domestic level, the impact of CBAM on China's foreign trade is explored. China should adhere to multilateralism, strengthen international cooperation, continuously develop low-carbon technologies and improve the carbon trading market to cope with the impacts of CBAM. Thus, to the effect of safeguarding international interests and contributing to global development.

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  • Journal IconLecture Notes in Education Psychology and Public Media
  • Publication Date IconDec 9, 2024
  • Author Icon Yantong Chen
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Collateral damage: China's anti‐dumping case against Canadian canola

Abstract In September 2024, China launched a dumping investigation against imports of Canadian canola. The announcement is the latest move in a series of trade disputes between the two countries and is widely seen as retaliation for Canadian tariffs on Chinese electric vehicles. This paper examines the institutions that govern the dumping investigation and the likely price effects stemming from China's announcement. The investigation will be conducted exclusively within China and appeals to the WTO can only be made on the basis that the Chinese investigation violated WTO rules. Such investigations typically sustain the finding of dumping. Given that Chinese imports of canola seed accounted for 23% of Canadian production in 2023, anti‐dumping duties could significantly disrupt trade flows. However, the impact of anti‐dumping measures on Canadian canola prices may be mitigated through trade diversion, increased domestic processing, and the pass‐through of duties to Chinese importers.

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  • Journal IconCanadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie
  • Publication Date IconDec 3, 2024
  • Author Icon Peter Slade + 1
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Sustainable Trade and the WTO: The Compliance Dilemma

International trade, often prioritizing competitiveness, clashes with the need for climate action, particularly impacting developing countries reliant on trade. This paper examines the "compliance dilemma" - the struggle to implement climate-mitigating policies without harming these economies. While the WTO aims to incorporate sustainable development, the paper argues that current provisions within the WTO and GATT Agreements are insufficient and often lead to negative economic consequences for developing nations. For example, the EU's Carbon Border Adjustment Mechanism (CBAM), designed to reduce emissions, could harm exports from developing countries. The paper proposes establishing a WTO International Law Compliance Commission (WILCC) to align WTO rules with international law, address exploitable loopholes in trade agreements, and harmonize trade and environmental policies in collaboration with the UNFCCC. This framework seeks to ensure trade supports both climate action and sustainable economic growth for all stakeholders.

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  • Journal IconInternational Journal of Law and Policy
  • Publication Date IconNov 29, 2024
  • Author Icon Ethan Biji
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Membership in the World Trade Organisation – Institutional ImlicationsAnd Impact on Domestic Trade Policies

The paper concerns implications of the WTO rules on domestic regulations and trade policy measures and analises trade policy options available for a WTO member-state under the WTO rules that may maintain benefiting from the WTO membership. It describes effects of the WTO disciplines on institutional structure of the member-states and analyses issues relating to the formulation of the WTO compatible trade policy measures and mechanisms of their application, examines possibilities for the utilisation of contingency protection measures available under the WTO law. Issues of institution building, trade regime formation and creation of an adequate normative basis of the trade policy formulation is also touched upon based on such analysis, given that the mentioned aspects of the WTO membership is a necessary condition for a successful WTO compliant trade policy. At the same time, it also becomes important to ensure achievment of the development and welfare interests and avoid of subjecting foreign trade measures to private interests by way of establishment of the appropriate procedures and legal environment. Therefore, shaping trade regime and legal procedures in a way enabling formulation and implementation of measures serving the community interests and excluding or minimising utilisation therof in the interests of the private interest groups aquire utmost importance. Based on this, the paper analyses interactions between the rules, practices and institutions comprising the WTO law and the trade regimes of the member­states and explores possibilities of establishing, conducting and adaptation of the WTO complaint trade policies capable of ensuring acievement of social and econimic development goals. Therefore, the paper explores the trade policy regulation mechanisms of the states within the normative and institutional framework established by the WTO law, as well as the possibilities of introducing economic and social development-oriented trade policies by the member-states and candidates for membership in accordance with the WTO law. For these purpose, the legal and institutional aspects of the WTO affecting formation of trade policies and the application of trade measures by the member states and consequencies of mutual institutional influences between the WTO law and the trade policies of the member states are highlighted, principal legal and institutional effects arising from the WTO agreements have been analysed, experience of the WTO members in trade policy formulation and implementation have been summarized, deficiencies and shortfalls in the internal legal systems and institutional structures that may arise in connection with the membership in the WTO identified based on analysis of the experience of the WTO members, recommendations and proposals regarding legal adaptation and institutional changes that may be considered necessary or appropriate in connection with WTO membership have been formulated. It is shown that membership in the WTO results in long-term effects on the country’s economy, and these effects concern primarily the legal regulation of trade relations. WTO membership, creates the need to constantly adapt the application of trade policy measures to the WTO requirements. The paper asserts that specific times, durations and purposes of trade measures applicable in accordance with the WTO law depend on the specifics of the objectives and the issues to be resolved in a specific political and economic conditions and, therefore, must be determined individually in each case. The trade policy in such case needs to be purposefully and organically reconciled with general macroeconomic measures such as tax policy, labor market regulations, investment environment, currency policy, etc., in order to be able to maintain economic efficience and social welfare under the WTO rules, otherwise it is possible that membership in the WTO can become a source of economic and social tensions. WTO membership may vreate serious economic and social risks. Mitigation of such risks requires adaptation of the legal regulation, as well as institutional and power structures. Solutions should accomodate specific political, economic and social situations, institutional structure and would require involvement of adequate fianacial and intellectual resources. The paper also toches upon the issues of transparency, market competition, good governance methods, market inadequacy and market protection possibilities. As an overall conclusion, it is asserted that adherence to the WTO rules does not ensure the increase in the level of well-being, economic and social development, but only creates the basis for it. Achieving these goals may not be possible through membership in the WTO, but through appropriate organizational structure taking into account the membership requirements, as well as thoughtful decisions on the use of opportunities provided by the WTO. Although the requirements are numerous, the freedom to decide about these requirements is not small. This last aspect is a key issue to consider in terms of the impact of the WTO on trade policy and market access conditions.

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  • Journal IconAnalytical and Comparative Jurisprudence
  • Publication Date IconSep 11, 2024
  • Author Icon Kanan Safarli
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UK Policy Instruments for Aviation Decarbonisation: The Sustainable Aviation Fuel Mandate and Policymaking Approach Underlying the Future UK Framework

The UK’s fuel decarbonisation toolbox is expanding to include more policy support for developing sustainable aviation fuel (SAF). This support framework will grow out of the UK experience with the Renewable Transport Fuel Obligation by including a sector-specific mandate. Westminster is also working on a future revenue certainty mechanism for SAF, that is yet to be legislated. In doing so, the UK government proposes to deliver a continued support to low-carbon fuel innovation. The government also intends to address the Climate Change Committee’s persistent calls for a swifter decarbonisation across transport modes. This SAF policy should help speed up aviation decarbonisation by serving multiple purposes and targets, a policymaking approach typically associated with renewable energy support programmes. The SAF policy’s consultations, government documentation, and expert opinions, help recognize several policy traits, coming out as critical design characteristics when structuring policy programmes supporting renewable energy sources. Such policy characteristics include providing certainty, clarity, continuity, and adaptability when structuring instruments and government interventions. Policy programmes should also prove capable of adapting to market and trade conditions. Instruments should equally factor in WTO rules and rulings on subsidies, renewable support schemes, sustainable fuels, or export markets, as and when applicable.

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  • Journal IconGlobal Energy Law and Sustainability
  • Publication Date IconAug 1, 2024
  • Author Icon Nicolas Maulet
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The Impact of Trade Openness, Tariff, and Globalization on Food Security in the ASEAN Region

In 2023, many crises hit the world due to heated geopolitical conditions resulting from the war in Russia and Ukraine; the world situation was fragmented because of competition between the USA and PRC blocs, economic recovery due to COVID-19 was shaken again, and food inflation was soaring high. The leading cause of food insecurity in ASEAN, which consists of most developing countries, is the lack of distribution access due to the affordability of logistics and food supplies. Most investors shift their investment preferences from the primary sector to manufacturing due to the volatility and high risk of assets. In 2020, in Asia, there were 78.7 million toddlers who were stunted, with the second majority in Southeast Asia (27.40%). Although most of the ASEAN member countries are connected geographically, the market share of ASEAN member countries in world trade is only 8.8%, so intra-trade relations are considered not optimal enough. This study aims to analyze the effect of three different trade openness indicators (trade openness, tariffs, and globalization) on the food security of Southeast Asian people in 2000–2021. The method used in this research is panel data, which combines pool least squares (PLS) and fixed effect models (FEM) by developing Beck and Katz’s two panels corrected standard errors (PCSE): cross-section weights and SUR. Trade openness significantly affects the two pillars of food security: stability and utilization, with U-shaped results. Ad-valorem tariffs are significant and positive for the two pillars of food security: availability and utilization. Increasing taxes in Southeast Asia can improve the average dietary energy supply’s adequacy; however, this can also increase the prevalence of stunting in children under five. It happens because the availability of abundant food in terms of quantity differs from the quality and safety of its consumption. The increase in globalization from an economic, political, and social perspective in Southeast Asia is significant for the four pillars of food security; if globalization is increased, then this can positively impact reducing cases of stunting and malnutrition; on the other hand, increasing globalization has harmed food availability and stability. Increasing one policy has a different impact. In the first stage, policy improvements can positively impact a pillar of food security. However, after reaching a turning point, there is a possibility that the increased policy will harm the other pillars. Therefore, it is necessary to choose an integrative policy trade-off and be able to solve problems better. This study suggests several main policy implications, namely building a more assertive trade policy based on the WTO and food safety technical rules that comply with WHO rules, increasing intra-trade within the ASEAN group, maintaining food price stability, encouraging investment in agriculture, promoting governance reforms, and strengthening the regional food security system in terms of production, consumption, and distribution. Support policies are also needed regarding solid prevention efforts against stunting and malnutrition and digitalization (Agritech 4.0), which supports food availability. In addition, this research also suggests that ASEAN can continue to increase domestic food production for resilience to the global crisis. Keywords: trade openness, tariff, globalization, food security, ASEAN, dynamic panel

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  • Journal IconKnE Social Sciences
  • Publication Date IconMay 3, 2024
  • Author Icon Fahmi Alamil Huda
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Enforcement of Multilateral Trade Regulation by Non-State Actors – Desirable and Feasible?

Abstract Since its inception, the inter-state dispute settlement system of the World Trade Organisation has generally been praised for effectively protecting the rule of law in international trade relations. While the relatively recent dismantling of this system does not necessarily mean the end of the WTO nor of the binding nature of its rules, the current crisis may be a good opportunity to reconsider the role of the rule of law in international trade relations and the ways in which it could further be accommodated. One suggestion, occasionally raised in the past, would be strengthening the enforcement of WTO rules by opening it to private action, either before national courts or through international adjudication. After all, the latter has been widely available to foreign investors covered by thousands of international investment agreements in force for decades. This contribution recalls the reasons behind the current lack of private enforcement of WTO law and argues that developments in international trade relations and experiences with investor-state dispute settlement are likely to work against rather than in favor of its introduction in the foreseeable future. Increased transparency and institutionalisation of non-state actors’ role in trade enforcement is therefore recommended instead.

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  • Journal IconEuropean Journal of Risk Regulation
  • Publication Date IconApr 22, 2024
  • Author Icon Iveta Alexovičová
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The Influence Research of Sino-US Trade Friction on the Development Pattern of Shandong Manufacturing Industry Based on the Improved Trade Gravity Model

Under the current background of globalization, a series of measures taken by the United States against China are bound to have a certain negative impact on domestic trade-sensitive industries and the transformation of old and new drivers of manufacturing industry in Shandong Province. We use the second industry in Shandong province from 2008 to 2019, U.S. gross domestic product, GDP in Shandong province exports to the United States trade, RMB exchange rate against the dollar, such as data, with the introduction of TBT notification number (trade friction variable T), multiple linear regression, in Shandong province under the background of building trade friction improved manufacturing kinetic energy conversion between the old and the new trade gravity model, Based on this model, the influence of trade friction on the transformation of old and new driving forces in the garment, mechanical and electrical export manufacturing industries in Shandong Province in the next 10 years (2021-2030) is predicted and analyzed. The predicted development trend is in line with the statistical law. The results show that the Sino-US trade friction has a serious impact on the transformation of the old and new kinetic energy, increases the production cost and reduces the scale of foreign investment in the manufacturing industry in Shandong province. Finally, from four aspects of improving the ecological chain of export manufacturing industry, vigorously developing the green environmental protection industry, establishing and perfecting the trade early warning mechanism, and rationally utilizing WTO rules, the measures and suggestions for Shandong’s manufacturing industry to deal with the Sino-US trade frictions are put forward.

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  • Journal IconJournal of Statistics and Economics
  • Publication Date IconMar 1, 2024
  • Author Icon Mingrui Ma + 4
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Article: Critical Allies and Core Geopolitics in Minerals Trade: Devising a Strategy for India

The shifting geopolitical landscape and the increased demand for critical minerals in the efforts towards green transition have underscored the need to build predictable and resilient mineral supply chains. With the fundamental idea of strengthening economic resilience and ensuring security of supply, countries are increasingly resorting to reshoring, friend-shoring and nearshoring policies in critical minerals trade. Against this backdrop, this article summarizes WTO rules governing international trade in critical minerals and examines emerging international legal trends shaping trade and supply chains in critical minerals. It offers recommendations for devising India’s strategy for critical minerals taking into account the security of supply, international trade rules and other commercial considerations. critical minerals, supply chains, international trade, WTO, India

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  • Journal IconGlobal Trade and Customs Journal
  • Publication Date IconMar 1, 2024
  • Author Icon Sparsha Janardhan + 1
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Is South Asia the missing bloc in world trade? An analysis of South Asian FTAs’ compatibility with WTO rules

PurposeSouth Asia is a region urgently seeking development, although it has failed in regional integration. It is the second least integrated region regarding the number of Free Trade Agreements (FTAs) and can thus be recognised as a missing bloc in the global multilateral system. This study aims to focus on South Asian FTAs and explores the problems of the inter-relations and compatibility between the systemic and regional trade systems.Design/methodology/approachThe study proposes a framework to benchmark the compatibility of South Asian FTAs with WTO rules. Primary data from 2000 to 2020, including descriptive analyses of reports, legal text of the FTAs, official documents and factual presentations, have been collected and analysed through thematic analysis using the proposed framework.FindingsThe study finds that, although South Asian FTAs meet most of the WTO requirements, they are not progressing toward facilitating and promoting trade. Data from 2000 to 2020 show us that South Asian FTAs have not significantly impacted trade between themselves. The study argues that, although South Asian FTAs fulfil some benchmarks, they show only a lukewarm interest in contributing to the international trading system as building blocs. It is therefore recommended that the case of South Asian trade liberalisation must be understood contextually and be given careful and exclusive attention by the WTO.Originality/valueAs such, this study is the first to claim that South Asian FTAs are not fully compatible with the WTO rules. They remain a missing regional bloc in the multilateral system, rather than a building bloc or a stumbling bloc, delaying the region’s opportunity to develop as a region and within the larger system.

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  • Journal IconJournal of International Trade Law and Policy
  • Publication Date IconJan 23, 2024
  • Author Icon Edirimuni Nadeesh Rangana De Silva
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A Proposal to Address Problem of Non-Compliance With The World Trade Organization Dispute Settlement Body Rulings

Objective: This study aims to analyze the problems of non-compliance with several of the rulings of the Dispute Settlement Body of the World Trade Organization and how to overcome the problem to increase the effectiveness of the WTO Law. Methods: This research is normative legal research. The study uses secondary data consisting of primary and secondary legal materials. The data were analyzed by using qualitative method, and conclusions are drawn by deductive method. Result: Some of the WTO DSB rulings have status the compliance proceedings is completed with findings of non-compliance. It meant that some of the WTO DSB rulings were not implemented. This could result in decreased the compliance with the WTO Law and further to hamper the achievement of the WTO objectives. Conclusion: The weakness of the enforcement measures led to non-compliance with some of the DSB WTO rulings. This paper proposes to strengthen the enforcement mechanism to overcome the problem of non-compliance with the WTO DSB rulings through the application of monetary compensation sanctions, temporary prohibition to make complaints and the establishment of WTO DSB rulings enforcement body. An effective WTO law enforcement mechanism was needed to increase international trade and World economic growth, so it was important in achieving the development program goals, including the Sustainable Development Goals.

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  • Journal IconJournal of Law and Sustainable Development
  • Publication Date IconJan 22, 2024
  • Author Icon Triyana Yohanes + 1
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