07 July 2008
Trade facilitating is a necessary trend for economic globalization. With the raising degree of global free trade, the needs for reducing and eliminating barriers of goods and factors, simplified trade procedure, and efficiency are becoming more notable. Establishing a high-performance trade system is the most important factor to the trade regime and the increase of international trade. Therefore, the studying of reinforcing trade facilitating is becoming increasingly important. This studying focusing on interests brought by trade facilitating to China and the Chinese custom`s policy and mechanism to improve it. Besides, this essay is trying to describe the situation from both theoretical and practical levels. The research finds out that trade facilitating is not only chances but also challenges to Mainland China. Chinese custom learns from developed countries and intensifies reform and abilities, to combine risk manage and custom clearance and to apply modern information technique for improving efficiency, so that Chinese custom can reach the requirements of trade facilitating. Out of reasons, like, small economic basis, relatively weak infrastructure, shortage of capital, and primitive, low manage thought and technique, China has its achievements only in the first stage. There is a gap between China and West countries. The reform and mechanism adopted by custom of People Republic of China is a kind of reference to custom of Republic of China. Further, this essay suggests that customs in cross-strait should set up a channel or reach a administrative arrangement to share custom information, to improve trade facilitating, and, in the end, to realize the goal of global free trade.
On reconciling rules, markets and power : responding to private voluntary standards through safeguarding the rule of law in international food tradeChikura, Cynthia Chipo 23 July 2013 (has links)
The proliferation of private voluntary standards (private standards) in international food trade has precipitated a surge of inter-disciplinary discourse on the topic. Conceptual premises have been diverse, but a common thread through the discourse has been their practical impact on developing-country producers (particularly small to medium scale ones). The present paper contributes to legal analyses of private standards. It builds upon existing discourse on rules-based responses to private standards, from the conceptual premise of the rule of law. The perspective of the paper is that private standards are creating conditions wherein the rule of law in international food trade is being placed under strain. With that, the utility of the rules-based system of international food governance has begun to diminish. The viewpoint in this paper is that, from the perspective of the WTO, responses to private standards should be underlain by considerations of safeguarding the rule of law. Underscoring this is that a rule of law approach is the most ideal, in the long-term, for the WTO system and for low income Members themselves. The paper concludes that this will entail a necessarily multipronged strategy towards the challenges presented by private standards – one which incorporates rules-based responses, other interventions from within the WTO, and responses from outside of the WTO. / Dissertation (LLM)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted
African countries and the World Trade Organisation dispute settlement mechanism : underlying constraints, concerns and proposals for reformMuheki, Stella 04 October 2010 (has links)
At the inception of the World trade organization (WTO) in 1995, the organization's provisions for a formal dispute settlement mechanism under the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) stood out as state of the “art”, “crown” and “jewels” of the WTO. Fifteen years later on, an assessment of the Dispute Settlement Body (DSB)’s judicial records shows that the system has indeed reduced the role of international diplomacy, while strengthening the rule of law in dispute settlement. The WTO-DSU’s independent Appellate Body, strict deadlines within which to settle disputes and binding panel recommendations certainly supersede the 1947 General Agreement on Tariffs and Trade (GATT) dispute settlement system. To date, 400 disputes have been lodged before the Dispute Settlement Body leading to establishment of over 140 panels and adoption of 218 panel/Appellate Body reports. However, what these statistics fail to show is the fact that the DSM is dominated by leading industrialized countries, notably the European Communities and the United States, at the expense of developing countries. The European communities and the United States in particular are said to be employing the DSU to achieve their aspirations in international trade. This arises from their retaliatory capacity to threaten weaker respondents from pursuing disputes against them among other reasons. It follows that despite of the uniqueness and widely recognized efficacy, the WTO Dispute Settlement Mechanism has largely failed to address the needs of developing/ least developed countries, especially in Africa. The system’s lack of meaningful remedies, lack of transparency and general insensitivity to the development concerns of African countries have worked to alienate African states from the dispute settlement process. The said shortcomings in the pattern and structure of the DSU have also been noted from all corners of WTO membership including the original architects of the System like India, Brazil and Australia. In light of the above, this research paper analyzes the process of dispute settlement at the WTO, with special emphasis on the nature of remedies available to parties under the DSU. The research identifies pertinent areas for reform in the DSU and the DSB as a whole. The research arrives at practical measures/alternatives that African countries could adopt in order to enhance participation in dispute settlement at the WTO. The research points out that WTO law is tailored through interpretation of covered agreements and precedents and that participation in the WTO dispute settlement system is therefore crucial to the shaping of WTO law in the long run. In the end, African countries (forming a large percentage of WTO Membership) have not made use of the dispute settlement mechanism despite their trade being affected by the protectionist trade policies of their developed counterparts. If the majority of WTO membership cannot access the DSM, then the WTO objective of enhancing security and predictability of the multilateral trading system remains fictitious. This research therefore adds to the voice of many that the amendment of the DSU is long overdue. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted
02 August 2010
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.
Implementação das decisões do sistema de solução de controvérsias da OMC e mecanismos de efetivação no direito brasileiro / Implementation of the decisions of the WTOs dispute settlement system and enforcement mechanisms in Brazilian law.Capucio, Camilla 10 November 2014 (has links)
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.
The WTO dispute settlement understanding : how can Africa make better use of the system? using Egypt as a case studyEl Taweel, Khaled Mohamed Soliman 04 October 2010 (has links)
The Dispute Settlement Understanding (DSU) established under the World Trade Organisation, is one of the most notable achievements of the multilateral trading system. African countries need to engage more in this emerging system to defend their trade and economic interests, especially in this time of increasing integration in the world trading system. It is submitted that the weak participation of African countries in the DSU can have negative economic and trade implications on Africa, as it minimises the influence these countries could exert on the development of the DSU legal system at this stage of particular importance to the evolution of international trade law in addition to its direct economic and trade costs. All complaints about impediments in the DSU cannot be rightly claimed to be the core reasons for weak African participation in the system, as the system still stand out as a rule-based with equal treatment to Developed and Developing countries. Additionally, the low participation of African countries cannot be justified by the degree of development basis only, as other developing counties have been very successful in this regard and some African countries managed to make use of the system in a very positive way. Moreover, this dissertation states that the effect of other internal constraints that are reported to hinder African participation, such as lack of sufficient financial resources, limited technical expertise and political factors, could be minimised through joint African cooperation, and by developing national strategies to deal with DSU. Egypt is a good example in this regard; despite its limited financial and technical expertise, it managed to gain accumulated experience through its various forms of engaging in the DSU, and consequently managed to defend its trade and economic interests. The establishment of a national organisational framework to deal with the DSU assisted in the preparation of national expertise that is gaining increasing experience. Egypt’s incorporation of national legislations on Anti-Dumping, Investment Protection, Intellectual Property Rights and other WTO agreements definitely supports the Egyptian position in the DSU. African countries are called to work within the African Union and on the national levels to make the best use of the system to serve their developmental goals. National strategies should be formulated regarding WTO dispute settlement engagement. These should include sound legislations and clear rules of engagement between different departments and the private sector to enable African countries to overcome the major constraints currently limiting their participation. African countries can depend partially on the support system offered by organisations like ACWL, UNCTAD and pro bone assistance from international law firms and NGO’s to overcome the financial and lack of experience constraints. / Dissertation (LLM)--University of Pretoria, 2010. / Public Law / unrestricted
Diskriminierende Gleichbehandlung von Entwicklungsländern in der WTO? enabling clause und die allgemeinen Präferenzsysteme auf dem PrüfstandEberhard, Torsten January 2008 (has links)
Zugl.: Münster (Westfalen), Univ., Diss., 2008
[en] THE LIMITS OF COOPERATION: BRAZIL AND THE G-20 IN THE WORLD TRADE ORGANIZATION AGRICULTURAL NEGOTIATIONS / [pt] OS LIMITES DA COOPERAÇÃO: O BRASIL E O G-20 NAS NEGOCIAÇÕES AGRÍCOLAS DA ORGANIZAÇÃO MUNDIAL DE COMÉRCIOANA CAROLINA AREIAS F DA SILVA 16 May 2011 (has links)
[pt] Esta dissertação analisa a participação brasileira no G-20, uma coalizão de países em desenvolvimento (PEDs) criada pelo Brasil e a Índia durante a reunião Ministerial da Organização Mundial de Comércio (OMC), em Cancún, no México, em 2003. A coalizão tinha o objetivo de avançar a agenda de liberalização agrícola na Rodada Doha. Na época, analistas de política comercial se mostraram céticos sobre as chances de sobrevivência da coalizão, devido ao fato de que esta reunia países com interesses comerciais divergentes em agricultura. A despeito disto, o G-20 se estabeleceu como membro sine qua non das negociações e modificou o processo decisório da OMC, com a inclusão do Brasil e da Índia ao núcleo duro das negociações ao lado dos Estados Unidos e da União Européia. Porém, semelhante aumento de influência não se traduziu em uma conclusão da Rodada Doha, o que seria de sumo interesse para o Brasil. Argumento que esta dificuldade está relacionada ao fato de o G-20 ser uma coalizão com baixa coerência interna, cujas características estruturais constrangem as possíveis estratégias negociadoras ao alcance da coalizão, dificultando assim a adoção de uma estratégia distributiva que aumente as chances de que a negociação seja concluída com sucesso. O Brasil desempenhou um papel importante nessa coalizão pagando os custos da ação coletiva para garantir a coesão desta, mesmo quando isto significou abrir mão dos seus interesses comerciais. Contudo, a análise mostra que esta atitude teve limites, como ficou aparente durante a reunião da OMC realizada em Genebra em julho de 2008, quando o Brasil decidiu defender os seus próprios interesses em detrimento da cooperação com os membros do G-20. / [en] This dissertation analyzes the Brazilian participation in the G-20, a coalition of developing countries created by Brazil and India during the World Trade Organization (WTO) Ministerial Conference held in Cancún, Mexico, in 2003. The goal of the coalition was advancing an agenda of agricultural liberalization in the Doha Round. At the time, trade policy experts were skeptical as to the chances of survival of the coalition, due to the fact that it brought together countries with divergent commercial interests in agriculture. In spite of this, the G-20 established itself as a sine qua non member of the negotiations and changed the decisionmaking process of the WTO, with the inclusion of Brazil and India in the core of the negotiations together with the United States and the European Union. However, this increase in influence has not translated into a conclusion of the Doha Round, of extreme interest for Brazil. We argue that this difficulty is related to the fact that the G-20 is a coalition with low internal coherence and that its structural characteristics constrain its negotiating strategies, making it difficult for the coalition to adopt a distributive strategy that increases the probability that the negotiation is concluded successfully. Brazil played an important role paying the collective action costs in order to maintain the cohesion of the coalition, even when this meant going against its own commercial interests. However, this attitude had its limits, as was made apparent during the WTO meeting in Geneva, in July 2008, when Brazil decided to defend its own interests in detriment of cooperating with the members of the G-20.
Os Estados Unidos e o Órgão de Solução de Controvérsias (OSC) da OMC: Um estudo da participação dos EUA na criação e no uso do mecanismo / The United States and the WTO's Dispute Settlement Body (DSB): A study of the US' participation in the creation and use of the mechanismPreto, Carolina Cristina [UNESP] 25 February 2016 (has links)
Submitted by CAROLINA CRISTINA LOUÇÃO PRETO null (firstname.lastname@example.org) on 2016-03-22T17:07:09Z No. of bitstreams: 1 Doutorado - Tese v. final.pdf: 1477120 bytes, checksum: aff51927b87770b79c5a986a21f71db8 (MD5) / Approved for entry into archive by Ana Paula Grisoto (email@example.com) on 2016-03-23T12:16:35Z (GMT) No. of bitstreams: 1 preto_ccl_dr_mar.pdf: 1477120 bytes, checksum: aff51927b87770b79c5a986a21f71db8 (MD5) / Made available in DSpace on 2016-03-23T12:16:35Z (GMT). No. of bitstreams: 1 preto_ccl_dr_mar.pdf: 1477120 bytes, checksum: aff51927b87770b79c5a986a21f71db8 (MD5) Previous issue date: 2016-02-25 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) / Este trabalho tem como objetivos a) entender o contexto histórico e as motivações que levaram os Estados Unidos a propor uma reforma ambiciosa do mecanismo de solução de disputas comerciais do GATT e a apoiar a criação da OMC durante a Rodada Uruguai (1986-1994); e b) investigar a participação norte-americana no uso do sistema de resolução de disputas reformado que resultou das referidas negociações. Embora tenha sido fortemente advogada pelos EUA, a reforma do mecanismo foi descrita por alguns estudiosos como uma inovação institucional que reduziu a influência norte-americana sobre os processos de resolução de controvérsias, introduzindo maior igualdade às relações comerciais entre Estados com poderes assimétricos. Ao examinar o desempenho dos EUA em casos levados à OMC entre 1995 e 2013 e compará-lo com o de outros membros da instituição, tentamos avaliar a validade do argumento acima mencionado, como também, as posições de perspectivas teóricas opostas. Identificamos um padrão na participação dos EUA nos casos do OSC da OMC que é significativamente distinto do de outros membros da instituição, sugerindo que o país teve um desempenho mais favorável, principalmente nas fases iniciais das ações. A principal evidência encontrada nessa direção diz respeito à proporção de divergências que são solucionadas por meio de acordos entre as partes. Em comparação à média geral dos demais membros da instituição, os EUA se destacaram por obter um número elevado de acordos quando eram os reclamantes. Por outro lado, na condição de parte denunciada, o país se diferenciou por firmar uma porcentagem muito menor de acordos. Nesse sentido, os resultados obtidos em nosso estudo sugerem que, como era a situação no GATT, de forma geral, os EUA continuam mais capazes que outros atores de contestar com sucesso as políticas de seus parceiros comerciais pela via multilateral e, ao mesmo tempo, de minimizar alterações das suas próprias práticas. / This study aims a) to understand the historical context and the motivations that led the United States to propose an ambitious reform of the GATT trade dispute settlement mechanism and to support the establishment of the WTO during the Uruguay Round (1986-1994); and b) to investigate the US participation in the use of the reformed dispute settlement system that resulted from these negotiations. Despite being strongly advocated by the US, the reform of the mechanism has been described by some scholars as an institutional innovation that has significantly reduced the American influence on the process of resolving disputes, introducing greater equality in the trade relations between states with asymmetric powers. By examining the US performance in cases brought to the WTO between 1995 and 2013 and comparing it with that of other members of the institution, we try to assess the validity of the argument mentioned above as well as the positions of opposing theoretical perspectives. We identified a pattern in US participation in the WTO’s DSB cases that is significantly different from that of other members of the organization, suggesting that it had a more favorable performance, especially in the early stages of an action. The main evidence found in this direction regards the proportion of disputes that are resolved by an agreement between the parties involved. When compared to the general average of other members of the institution, the United States stood out for obtaining a large number of agreements when acting as plaintiffs. By contrast, in the position of the demanded party, it further differentiated itself by reaching a much smaller percentage of agreements. In this sense, the results obtained in our study suggest that, as was the situation in the GATT, the US remains generally more capable than other actors to successfully challenge the policies of its trading partners through the multilateral via and, at the same time, to minimize changes to its own practices.
EU-ACP economic agreements and WTO/GATT compatibility : options for ACP countries under Cotonou AgreementOjiambo, Colbert 04 October 2010 (has links)
The member states of European Union (EU) and a group of African, Caribbean and Pacific (ACP) states are currently negotiating for new trading agreements compatible with World Trade Organization‘s (WTO) rules. Whereas both the EU and the ACP states are in agreement that the new trading arrangements must be WTO compatible, there is no consensus on the format of the new trading agreements. The EU has insisted that the new trading arrangements should be in the form of free trade agreements, established under Article XXIV of General Agreement on Tariffs and Trade (GATT). Unlike the previous EU – ACP trade agreements which were non – reciprocal, Article XXIV requires that the new trading agreements should be reciprocal. Consequently the EU has gone ahead to negotiate for reciprocal Economic Partnership Agreements (EPAs) with some of the ACP states. Some ACP countries which are opposed to reciprocity have proposed that the new trading arrangements should be established under the provisions of Enabling Clause. Others have suggested that EU should attempt to apply for a WTO waiver. The Cotonou Agreement, under which the new trading agreements are being negotiated, provides that in case of those countries which are not ready to negotiate for EPAs, the EU should examine alternative possibilities, in order to provide these countries with a new framework for trade which is equivalent to their existing situation and in conformity with WTO rules. So far no alternative trading arrangements have been proposed. Although some ACP countries have agreed to negotiate for Economic Partnership Agreements under article XXIV of GAAT, there is no consensus on the interpretation of key provisions of Article XXIV. Under Article XXIV, the parties are required to remove substantially all trade barriers between themselves within reasonable time. The meaning of the phrases 'substantially all' and 'reasonable time‘ has remained controversial with each party giving an interpretation that favours its interests. Lack of consensus on the meaning of these phrases has hindered the conclusion of negotiations for EPAs. In a nutshell, the question of WTO compatibility presents the biggest hurdle to the conclusion of the new trading arrangements between the EU and the ACP group. This paper is an evaluation of the options available to the ACP countries to conclude WTO compatible trading arrangements with the EU. Chapter one of this paper is an introductory chapter which offers an overview of the entire paper. Chapter two sets out in details the historical background of the economic relationship between the EU and the ACP states. This chapter illustrates the historical background from which the new trading agreements have evolved to help the reader understand certain key features of the current economic partnership agreements. Chapter three looks at the GATT/WTO provisions relevant to the establishment of WTO compatible trading arrangements between EU and ACP countries. Particular emphasis is placed on Article XXIV, the Enabling Clause and the WTO waiver. Chapter four is the main chapter in which the paper explores the possibilities of concluding WTO compatible trading agreements under Article XXIV, Enabling clause and the WTO waiver. Chapter five draws the conclusions of this paper. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted
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