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.

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

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

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.

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.

Zugl.: Münster (Westfalen), Univ., Diss., 2008

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

Submitted by CAROLINA CRISTINA LOUÇÃO PRETO null (carolina_loupre@hotmail.com) 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 (grisotoana@reitoria.unesp.br) 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.

[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.

The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body was forced to suspend its activities after the second terms of two of the remaining three members expired. While the WTO dispute settlement system continues to function at the panel stage, the Appellate Body is currently unable to review appeals because it lacks the minimum number of three members required to establish a division. In addition, the collapse of the Appellate Body means that any party to a dispute can block the adoption of a panel report by filing a notice to appeal which is likely to remain in limbo for an indefinite period. Numerous studies have discussed the Appellate Body crisis and its implications for the WTO dispute settlement system. Few, however, have critically analysed the validity of the concerns that the US has raised about the Appellate Body's work over the past few years. Therefore, the purpose of this research is to discuss and critically analyse these concerns to determine whether the Appellate Body has indeed strayed from its limited mandate. In addition, the research will provide recommendations on how to save the appellate stage and ensure that appeals are resolved while WTO members attempt to find permanent solutions to this unprecedented crisis.