This diploma thesis is concerned with developing countries in the multilateral trading system. Its goal is to analyze how the position of this group of countries changed from the moment GATT was signed up to the present and what their role and importance were in the forming of this system. The thesis also uncovers major sticking points in the current round of negotiations along with demands of developing countries and therefore analyses why no consensus has been reached yet.

The Aim of this master thesis named Consequences of WTO accession on China's trade policy is to provide a complex insight into the circumstances of accession of People's Republic of China to World Trade Organization (WTO), to map China's commitments and the real changes which were made. Subsequent prediction of future development of China's foreign trade policy and China itself was based on the analysis mentioned above.

Submitted by Elesbão Santiago Neto (neto10uepb@cche.uepb.edu.br) on 2016-09-13T19:52:03Z No. of bitstreams: 1 PDF - Hamana Karlla Gomes Dias.pdf: 1355111 bytes, checksum: f28369379557e5717eab669569a90e36 (MD5) / Made available in DSpace on 2016-09-13T19:52:03Z (GMT). No. of bitstreams: 1 PDF - Hamana Karlla Gomes Dias.pdf: 1355111 bytes, checksum: f28369379557e5717eab669569a90e36 (MD5) Previous issue date: 2014-04-30 / CAPES / This study aims to analyze the formation of the panel, under the WTO framework, driven by the United States, European Union and Japan against China, having as its main subject China's policy of restrictions on exports of rare earths, a fact that undermines technological development of these countries, because China holds the monopoly on the production of these minerals. This research also aims to understand the importance and application of rare earths in the contemporary world and whether the rules of the WTO will be able to resolve the conflict of economic and strategic interests of the parts involved in the dispute. With this aim, we are going to make a case study, presenting the question and we will analyze, from the perspective of WTO, its ability to resolve the conflict. This is a qualitative academic work, based on analysis of the process in the WTO, statements and official reports of the Organization, the U.S., European Union, Japan and China, as well as papers that address the issue. We conclude that the controversy not only covers the purely economic aspects, but starts a relevant discussion on the geopolitical world that leaves the question about conflict resolution beyond the scope of the WTO. / O presente trabalho tem como principal objetivo analisar a formação do Painel, no âmbito da OMC, movido pelos Estados Unidos, União Europeia e Japão contra a China, tendo como matéria principal a política chinesa de restrições de exportação de terras raras, fato este que compromete o desenvolvimento tecnológico desses países, pois a China detém o monopólio da produção desses minerais. O trabalho visa ainda compreender a importância e aplicação das terras raras no mundo contemporâneo e saber se as regras estabelecidas no âmbito da OMC serão capazes de resolver o conflito de interesses econômicos e estratégicos das partes envolvidas no diferendo. Para esse fim, faremos um estudo de caso, apresentando a questão e analisaremos, sob o prisma da OMC, a sua capacidade de solucionar o conflito. Trata-se de um trabalho acadêmico qualitativo, pautado na análise do processo na OMC, de declarações e relatórios oficiais da Organização, dos EUA, União Europeia, Japão e China, assim como artigos científicos que abordam a questão. Conclui-se que a controvérsia não abrange apenas os aspectos puramente econômicos, mas que dá início a uma relevante discussão no âmbito da geopolítica mundial que deixa a questão além das possibilidades da OMC quanto à solução do conflito.

The law of the World Trade Organization (WTO) both explicitly and implicitly requires that a determination of causation be made at a number of points. In several of the WTO covered agreements, an important part of making a determination about causation involves separating those factors that are causative from those that are immaterial to the outcome in question (this process of separation is known as a 'non-attribution analysis'). This thesis argues that there are six parts of the law of the WTO that require, either explicitly or implicitly, that a causation and non-attribution analysis be undertaken. These are: (1) Safeguard Measures (Articles 2.1 and 4.2(a) and (b) of the Agreement on Safeguards ); (2) Anti-Dumping measures (Articles 3.1 and 3.5 of the Anti-Dumping Agreement ); (3) Countervailing Duties (Article 15.5 of the Subsidies and Countervailing Measures Agreement (SCM Agreement)); (4) Serious prejudice (Articles 5(c) and 6.3 of the SCM Agreement); (5) the relationship between a measure and its policy objective (Article XX of the General Agreement on Tariffs and Trade and Article XIV of the General Agreement on Trade in Services ); and (6) the relationship between a responding Member's failure to comply with a DSB ruling and the complainant Member's level of nullification and impairment (Articles 22.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes and 4.10 of the SCM Agreement). This thesis will first examine the current approach in the jurisprudence to analysing causation and non-attribution in these parts of the law of the WTO. To that end, it will suggest that there is a trend in the current jurisprudence to attempt to make an a priori inference about the effects of a cause from the nature of the cause itself. This thesis will suggest that this approach reflects a misconception of causation, and it will propose an alternative, three-part methodology for interrogating causation based on the use of econometric analysis, which has been developed from guidance given by the Appellate Body in US-Wheat Gluten.

A presente Tese de Doutorado tem como objetivo analisar os mecanismos de implementação das decisões do Sistema de Solução de Controvérsias da OMC, consideradas como decisões adjudicatórias internacionais, na busca pelo incremento de efetividade desse sistema, e com a finalidade de proposição de um modelo para tal implementação no sistema jurídico brasileiro. O estudo adota uma abordagem dialética entre a dimensão teórica e a dimensão empírica de seu objeto, na investigação acerca das condições nas quais o Sistema de Solução de Controvérsias gera seus efeitos nos membros da OMC, bem como dos sujeitos e processos envolvidos nessa dinâmica transnormativa. A partir da análise empírica dos casos nos quais o Brasil atuou como demandante, demandado e terceira parte no Sistema de Solução de Controvérsias da OMC, e do exame da implementação por parte de seus principais usuários, a pesquisa desenvolve constatações sobre a diversidade dos mecanismos de implementação e dos efeitos jurídicos das decisões desse sistema de resolução de litígios nos diferentes ordenamentos. O trabalho procura enfrentar as complexidades de seu objeto no contexto normativo-institucional brasileiro, avaliando o tratamento casuístico, difuso e informal conferido à temática da implementação das decisões do Sistema de Solução de Controvérsias da OMC no Brasil, e confirmando a hipótese da necessidade e conveniência do estabelecimento de um marco normativo geral que institucionalize e legitime a escolha relacionada ao meio de implementação dessa decisão. / This Thesis aims to analyze the mechanisms for implementing the decisions of WTOs Dispute Settlement System, considered as international adjudicatory decisions, in the search for increasing effectiveness of this system, and in order to propose a model for implementation in the Brazilian legal system. The study adopts a dialectical approach between the theoretical dimension and the empirical dimension of its object, in the investigation of the conditions in which the Dispute Settlement System generates its effects on members of the WTO, as well as the subjects and processes involved in this transnormative dynamic. From the empirical analysis of cases in which Brazil served as plaintiff, defendant and third party in the WTOs Dispute Settlement System, and the review of the implementation by their main users, this research reveals findings about the diversity of implementation mechanisms and of legal effects of the decisions of this dispute resolution system in various jurisdictions. The thesis seeks to address the complexities of its object in the brazilian legal-institutional context, evaluating the casuistic, diffuse and informal treatment given to the implementation of the decisions of the WTOs Dispute Settlement System decisions, and confirming the hypothesis of necessity and advisability of establishing a general normative framework that institutionalizes and legitimizes the choices related to the measures for implementing these decisions.

No description available.

The liberalisation of domestic telecommunication (telecom) markets has become a worldwide trend. As a result, the General Agreement on Trade in Services (GATS), evolving from deliberations within the World Trade Organisation (WTO), has been heralded as the mechanism with which to effect telecom liberalisation domestically. For countries in Africa, the GATS instruments have been translated as a means to establish the principles required for an effective telecom industry supported by key institutions in policy, regulation and implementation. However, the analysis of relevant literature on telecom in Africa has tended to focus on technological developments based on current observable outcomes. This methodology is inadequate because it fails to account for the context-specific nature of the policy arena and framework shaping telecom outcomes. I argue that we must consider telecom outcomes by understanding the nature of political institutions domestically and their interaction with the international arena. To explicate this intersection of ideas, I draw on two seemingly independent theories, Neopatrimonialism and New Institutional Economics (NIE) with reference to the works of van de Walle (2001) and North (1990) respectively, to shed light on the nature of the Kenyan political context and the value of the GATS as an instrument that facilitates credibility and reduces opportunistic ex-post behaviour. It is contended in this study, that for the Kenyan Government, the value of the GATS accession lies in the legitimising role that it facilitates in accessing funds from the international community. This study thus highlights the inevitable tension that arises when domestic policy-reform goals are juxtaposed with international trade obligations undertaken through treaty accession and informed by a liberalisation agenda. A qualitative approach was used to collect the data and involved interviews and documentary analysis. The findings suggest that Kenya is partially in compliance with its GATS telecom commitments. However, this partial reform results from patrimonial tendencies in Kenya and is exacerbated by the need to attract hard currency through aid packages that dictate the nature of the policy process and the relationship between Kenya and the international community. In conclusion, even with policy reforms, state agents always find ways to maintain or create clientelist practises. Unless such reform is accompanied by political changes that provide checks and balances on institutions and state agents, reform policies on their own will not create an effective telecom sector. To truly evaluate telecom reform therefore, we must appreciate the context-specific nature of policy making.

Thesis (doctoral)--Universität, Heidelberg, 2007. / Includes bibliographical references and sources (p. 463-500).

<p>Departing from the case of textile and clothing trade dispute between the EU and China in 2005, it has been noticed that the EU’s policy in textile trade to a large extent has been situated in a position of dilemma. On the one hand, the growing global impetus of liberalization in the sector forces the EU to open up its market to cheap textile imports from the developing countries; on the other hand, the fierce protectionist pressures come from the domestic producers and slow down the paces towards liberalization, or sometimes even take setback towards more conservative performances. By placing this case in a broader context, the EU’s external trade policy is confronted with the similar dilemma, swaying between the trade liberalization and trade protection. Consequently, does the EU emerge in the current multilateral trading system of the WTO as a force for trade liberalization or a force for trade protectionism?</p><p>Bearing this question in mind, the general climate of global trade under the GATT/WTO and the EU’s external trade policy will firstly be examined. Then, the EU’s trade protectionism is about to be explained by strategic trade theory, the high political content of the EU’s external trade policy and the fragmentation in the EU’s policy networks; while the EU’s inclination towards trade liberalization will be explained by the implications from the conventional trade theory and new institutionalism, and as well as the impacts from the general climate of global trade.</p><p>The results shows that the EU’s external trade policy under the global trade liberalization is a mixture, neither pure liberalization nor pure protectionism. With regard to the trade issues concerning to the vital interests, the Union without exception inclines to conservative protectionism; whereas concerning the issues of less importance, compromises and concessions always lead the outcomes of the policy to the inspiring liberalization.</p>

After joining WTO (World Trade Organization) in 2001, the China government started to adjust its laws, regulations and the limitation of foreign direct invest. As the result, it helps the economic to grow and the foreign direct invest ratio to increase, and finally derive the demand of air cargo delivery. This research focuses on the foreign direct invest on air cargo in China, such as investigate the development of air cargo industry after the globalization in China, discuss the development of transnational air cargo industry in China, and find out how did the foreign air cargo companies enter China and figure out how did they invest. According to the research result, the international trade industry is liberlization than before, especially the distribution service industry, after China joined WTO. In addition, when the foreign direct invest is increasing, the demand of air cargo delivery is also increasing. However, the local air cargo companies could not meet the demand; therefore, the transnational air cargo companies invest the air cargo industry in China. In fact, the transnational air cargo companies and local industry had cooperated with each other by joint venture and win the market share. On the other hand, in order to meet the globalization, the local air cargo companies should cooperate with foreign companies in some ways, such as joint venture or strategic alliance, and than create mutual benefit.