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1
Gagliani, Gabriele. "Intellectual Property-Related Local Content Requirements in International Trade Law: An Evolving Concept Amid Persisting Questions". Global Trade and Customs Journal 16, Issue 4 (1 de abril de 2021): 149–57. http://dx.doi.org/10.54648/gtcj2021016.
Texto completo da fonteResumo:
Despite the challenges they pose under international trade law, recent discussions and cases at the World Trade Organization (WTO) demonstrate that local content requirements (LCRs) have enjoyed continued success among both developed and developing countries. This article focuses on a specific type of LCRs, intellectual property-related LCRs (IP-related LCRs). The article argues that the concept and related regulation of LCRs concerning IP rights have undergone a remarkable evolution under international trade law. The notion and regulation of IP-related LCRs, in particular, have changed from the 1883 Paris Convention on the Protection of Industrial Property (Paris Convention) and the 1886 Berne Convention on the Protection of Literary and Artistic Works (Berne Convention) to the General Agreement on Tariffs and Trade of 1947 and, later, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and other Agreements at the WTO. Indeed, while the Paris Convention and the Berne Convention are still in force, the General Agreement on Tariffs and Trade (GATT) 1947 and the WTO Agreements have reframed the debate and implications of IP-related LCRs. Nevertheless, some questions on what is permissible under international trade law remain open at the WTO. Given LCRs continued success, some clarifications on their consistency with WTO law may be further needed. Local Content Requirements (LCRs), Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), General Agreement on Tariffs and Trade of 1994 (GATT 1994), World Trade Organization (WTO), Intellectual Property Rights
2
Mitchell, AndrewD, e Tania Voon. "Tariff Negotiations and Renegotiations under the GATT and the WTO: Procedures and Practices. By Anwarul Hoda. [Cambridge: Cambridge University Press. 2001, 137, (Appendices) 136 and (Index) 36 pp. Hardback £45.00 net. ISBN 0–521–80449–3.]". Cambridge Law Journal 61, n.º 2 (24 de junho de 2002): 463–92. http://dx.doi.org/10.1017/s0008197302501690.
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Oneof the most important achievements of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) to date has been a substantial reduction in the level of tariffs applied in international trade. The average tariff on industrial products has diminished from more than 40 per cent. in 1947 to less than 5 per cent. today. As a result of this success, multilateral negotiations within the WTO have begun to place more emphasis on non-tariff barriers. Nevertheless, tariffs remain an important issue. Many OECD countries, for example, continue to impose high tariffs on agricultural products and other products of particular interest to developing countries. The work programme adopted at the Fourth WTO Ministerial Conference held in Doha late last year provides for negotiations to improve market access for agricultural products and to reduce or eliminate tariffs on non-agricultural products and environmental goods.
3
Pangestu, Yudha, Bernard Sipahutar e Budi Ardianto. "Harmonisasi Prinsip Perdagangan Internasional pada GATT dalam Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan". Uti Possidetis: Journal of International Law 2, n.º 1 (10 de junho de 2021): 81–105. http://dx.doi.org/10.22437/up.v2i1.10352.
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Tujuan penelitian ini adalah untuk mengetahui bagaimanakah implementasi prinsip-prinsip perdagangan internasional pada General Agreement on Tariffs and Trade (GATT) dan Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan dan untuk mengetahui bagaimanakah harmonisasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan. Tipe penelitian ini adalah penelitian hukum normatif. Adapun hasil penelitian yang telah dilakukan adalah implementasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dan Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan, berdasarkan Undang-Undang Nomor 7 Tahun 1994 Tentang Pengesahan Agreement Establishing The World Trade Organization (Persetujuan Pembentukan Organisasi Perdagangan Dunia) terdapat isi atau materi yang memuat pengaturan prinsip GATT/WTO, yakni pada huruf A, B, dan C, serta harmonisasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan, bahwa dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan terdapat beberapa prinsip-prinsip hukum dalam pengaturan perdagangan internasional. Kesimpulan penelitian ini adalah berdasarkan Undang-Undang Nomor 7 Tahun 1994 Tentang Pengesahan Agreement Establishing The World Trade Organization (Persetujuan Pembentukan Organisasi Perdagangan Dunia) terdapat isi atau materi yang memuat pengaturan prinsip GATT/WTO, yakni pada huruf A, B, dan C, serta harmonisasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan, bahwa dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan terdapat beberapa prinsip-prinsip hukum dalam pengaturan perdagangan internasional.
4
Cameron, James, e Kevin R. Gray. "Principles of International Law in The WTO Dispute Settlement Body". International and Comparative Law Quarterly 50, n.º 2 (abril de 2001): 248–98. http://dx.doi.org/10.1093/iclq/50.2.248.
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Unlike the original 1947 General Agreement on Tariffs and trade (GATT), the 1994 Agreement establishing the World Trade Organization (WTO Agreement)1 covers a much wider range of trade. It extends beyond goods and now embraces services, intellectual property, procurement, investment and agriculture. Moreover, the new trade regime is no longer a collection of ad hoc agreements, Panel reports and understandings of the parties. All trade obligations are subsumed under the umbrella of the WTO, of which all parties are members. Member States have to accept the obligations contained in all the WTO covered agreements: they cannot pick and choose.
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JOERGES, CHRISTIAN, e CHRISTINE GODT. "5 Free trade: the erosion of national, and the birth of transnational governance". European Review 13, S1 (março de 2005): 93–117. http://dx.doi.org/10.1017/s1062798705000219.
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Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition and removal of non-tariff barriers that reflected a wide range of domestic concerns about the protection of health, safety, and the environment have since come to dominate trade agreements and their implementation. The expanding scope of these international treaties, and their effect on domestic regulatory objectives, has created new challenges for the nation-state, and for the international trade system as a whole. Domestic regulatory objectives that are generally embedded in a nation state's legal system or even in its constitution, are now negotiable and are susceptible to adjudication at the international level where they may, or may not, be used to camouflage unrelated economic interests. The international trade system adapted to this situation in 1994 by transforming the GATT into the World Trade Organization (WTO), which has more effective means for dispute resolution and includes a number of special agreements – such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) – with rules for balancing the economic concerns of free trade with the social concerns of regulatory objectives. These developments have generated legal queries about the general legitimacy of transnational governance arrangements and their ‘constitutionalization’, i.e. the quest for transnational governance that is mediated by law and not only accepted de facto but considered deserving of acceptance.
6
Baldwin, Richard. "The World Trade Organization and the Future of Multilateralism". Journal of Economic Perspectives 30, n.º 1 (1 de fevereiro de 2016): 95–116. http://dx.doi.org/10.1257/jep.30.1.95.
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When the General Agreement on Tariffs and Trade was signed by 23 nations in 1947, the goal was to establish a rules-based world trading system and to facilitate mutually advantageous trade liberalization. As the GATT evolved over time and morphed into the World Trade Organization in 1993, both goals have largely been achieved. The WTO presides over a rule-based trading system based on norms that are almost universally accepted and respected by its 163 members. Tariffs today are below 5 percent on most trade, and zero for a very large share of imports. Despite its manifest success, the WTO is widely regarded as suffering from a deep malaise. The main reason is that the latest WTO negotiation, the Doha Round, has staggered between failures, flops, and false dawns since it was launched in 2001. But the Doha logjam has not inhibited tariff liberalization—far from it. During the last 15 years, most WTO members have massively lowered barriers to trade, investment, and services bilaterally, regionally, and unilaterally—indeed, everywhere except through the WTO. For today's offshoring-linked international commerce, the trade rules that matter are less about tariffs and more about protection of investments and intellectual property, along with legal and regulatory steps to assure that the two-way flows of goods, services, investment, and people will not be impeded. It’s possible to imagine a hypothetical WTO that would incorporate these rules. But the most likely outcome for the future governance of international trade is a two-pillar structure in which the WTO continues to govern with its 1994-era rules while the new rules for international production networks are set by a decentralized process of sometimes overlapping and inconsistent mega-regional agreements.
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Reinhardt, Eric, e Marc L. Busch. "Developing Countries and General Agreement on Tariffs and Trade/World Trade Organization Dispute Settlement". Journal of World Trade 37, Issue 4 (1 de agosto de 2003): 719–35. http://dx.doi.org/10.54648/trad2003034.
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Kucik, Jeffrey, e Eric Reinhardt. "Does Flexibility Promote Cooperation? An Application to the Global Trade Regime". International Organization 62, n.º 3 (julho de 2008): 477–505. http://dx.doi.org/10.1017/s0020818308080168.
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Do flexibility provisions in international agreements—clauses allowing for legal suspension of concessions without abrogating the treaty—promote cooperation? Recent work emphasizes that provisions for relaxing treaty commitments can ironically make states more likely to form agreements and make deeper concessions when doing so. This argument has particularly been applied to the global trade regime, the General Agreement on Tariffs and Trade (GATT) and its successor, the World Trade Organization (WTO). Yet the field has not produced much evidence bearing on this claim. Our article applies this claim to the global trade regime and its chief flexibility provision, antidumping. In contrast to prior work, this article explicitly models the endogeneity and selection processes envisioned by the theory. We find that states joining the WTO are more likely to adopt domestic antidumping mechanisms. Likewise, corrected for endogeneity, states able to take advantage of the regime's principal flexibility provision, by having a domestic antidumping mechanism in place, are significantly more likely to (1) join the WTO, (2) agree to more tightly binding tariff commitments, and (3) implement lower applied tariffs as well.
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Bartels, Lorand. "The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction". American Journal of International Law 109, n.º 1 (janeiro de 2015): 95–125. http://dx.doi.org/10.5305/amerjintelaw.109.1.0095.
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One of the most important issues in the law of the World Trade Organization is the right of WTO members to adopt measures for nontrade purposes. In the WTO’s General Agreement. on Tariffs and Trade (GATT 1994) and General Agreement on Trade in Services (GATS), this right is secured in general exceptions provisions, which permit WTO members to adopt measures to achieve certain objectives, notwithstanding any other provisions of these agreements and also, in some cases, other WTO agreements. These objectives include, most importantly, the protection of public morals, the maintenance of public order, the protection of human, animal, or plant life or health, the enforcement of certain domestic laws, and the conservation of exhaustible natural resources.
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Heliskoski, Joni. "Joint Competence of the European Community and its Member States and the Dispute Settlement Practice of the World Trade Organization". Cambridge Yearbook of European Legal Studies 2 (1999): 61–85. http://dx.doi.org/10.5235/152888712802815743.
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One of the principal achievements of the 1994 Agreement establishing the World Trade Organization was the new mechanism for dispute settlement, embodied in the Understanding on Rules and Procedures Governing the Settlement of Disputes. While its predecessor, the General Agreement on Tariffs and Trade of 1947 (and the 1979 Agreements resulting from the Tokyo Round of Multilateral Trade Negotiations) had already evolved, to a considerable degree, from a negotiating forum for the conduct of world trade diplomacy to a “judicial” system properly so called, the WTO Dispute Settlement Understanding nevertheless marked a decisive step forward.
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Heliskoski, Joni. "Joint Competence of the European Community and its Member States and the Dispute Settlement Practice of the World Trade Organization". Cambridge Yearbook of European Legal Studies 2 (1999): 61–85. http://dx.doi.org/10.1017/s1528887000003311.
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One of the principal achievements of the 1994 Agreement establishing the World Trade Organization was the new mechanism for dispute settlement, embodied in the Understanding on Rules and Procedures Governing the Settlement of Disputes. While its predecessor, the General Agreement on Tariffs and Trade of 1947 (and the 1979 Agreements resulting from the Tokyo Round of Multilateral Trade Negotiations) had already evolved, to a considerable degree, from a negotiating forum for the conduct of world trade diplomacy to a “judicial” system properly so called, the WTO Dispute Settlement Understanding nevertheless marked a decisive step forward.
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Rovetta, Davide, Davide Rovetta e Davide Rovetta. "WTO Dispute Settlement with Respect to Customs Matters". Global Trade and Customs Journal 4, Issue 4 (1 de abril de 2009): 99–111. http://dx.doi.org/10.54648/gtcj2009013.
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Finding Belgian chocolates in Papua New Guinea is perhaps the perfect example of globalization and trade liberalization, but the whole web of trade issues behind the curtains is what puts to test the trading order established under the World Trade Organization(WTO). The General Agreement on Trade and Tariffs 1994 (hereinafter ‘GATT 1994’) inherited the detailed framework for trade in goods based on the tripod of bound tariffs and the non–discriminatory application of tariff protection by way of the most favoured nation (MFN) principle and national treatment obligations. The only GATT–permissible protection is customs duties although there are other ‘business’, ‘non–business’, and ‘institutional’ exceptions to GATT.2 The complicated schematics of the application of customs duties have been the source of several disputes between the WTO members. This article examines certain customs issues and related disputes as also the tariff classification disputes that have arisen before the WTO dispute settlement body.
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Voon, Tania. "The Security Exception In WTO Law: Entering a New Era". AJIL Unbound 113 (2019): 45–50. http://dx.doi.org/10.1017/aju.2019.3.
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For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.
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Mollaian, Saba L. "Does Trade Equal Peace? The Role of the WTO in International Peace". Legal Issues of Economic Integration 46, Issue 1 (1 de fevereiro de 2019): 77–99. http://dx.doi.org/10.54648/leie2019005.
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This article contends that the World Trade Organization (‘WTO’) plays a vital role in the maintenance of international peace through continued international trade. In exploring this argument, the article looks to the history of the General Agreement on Tariffs and Trade (‘GATT 1947’) and the WTO. After doing so, the article analyses the other side of the coin: when trade is weaponized through the use of the General Agreement on Tariffs and Trade (‘GATT 1994’) security exception Article XXI. Lastly, the article discusses the effectiveness of trade sanctions and whether the security exception is in need of reform in order for the WTO to better engage in the pursuit of international peace through international trade.
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Moore, Patrick M. "The Decisions Bridging the GATT 1947 and the WTO Agreement". American Journal of International Law 90, n.º 2 (abril de 1996): 317–28. http://dx.doi.org/10.2307/2203695.
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On September 20, 1986, the contracting parties to the General Agreement on Tariffs and Trade of 1947 (GATT 1947) agreed to launch an eighth round of multilateral trade negotiations known as the Uruguay Round. More than seven years later they concluded the round, not with an amended version of the GATT 1947, but with an entirely new treaty, the Agreement Establishing the World Trade Organization.
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Suri, Jessica Priscilla. "SUBSTANTIVE V EXCEPTION PROVISION DALAM GATT: STUDI KASUS INDONESIA DI WTO". Collegium Studiosum Journal 6, n.º 2 (12 de dezembro de 2023): 360–71. http://dx.doi.org/10.56301/csj.v6i2.1093.
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This research delves into the dynamic interplay between substantive provisions and exception clauses within the General Agreement on Tariffs and Trade (GATT). Focusing on the case of Indonesia in the World Trade Organization (WTO), the study employs a comprehensive methodology involving legal analysis and a case study approach. Through this investigation, the research aims to unravel the intricate implications of substantive versus exception provisions in the context of international trade agreements.
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Sagio, Ibrahim. "Sustainable Natural Resources and Environmental Issues about Free Trade in the World Trade Organization (WTO) System". Daengku: Journal of Humanities and Social Sciences Innovation 4, n.º 2 (13 de março de 2024): 296–302. http://dx.doi.org/10.35877/454ri.daengku2464.
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The aims of this research is the influence of free trade within the framework of the World Trade Organization-General Agreement on Tariffs and Trade on the environment and natural resources. Nowadays, there are almost no tariff barriers in trade. The research methods used a normative research or library research using qualitative research methods, which does not use statistical measuring instruments. The research results show that the development of globalized trade is due to free trade regulated according to the principles of the General Agreement on Tariff and Trade (GATT)-World Trade Organization (WTO), which encourages free trade aspects with a focus on eliminating barriers to trade, while environmental policy is not as a priority. However, environmental policies are formulated to guarantee the sustainability of trade itself. Typically, environmental pollution stems from the production processes involved in manufacturing goods, the transportation of goods utilizing public infrastructure, and the disposal of waste arising from product packaging or substances that are challenging to decompose naturally. Despite the issuance of environmental policies, these issues often persist without effective resolution.There are only a few countries that have good environmental regulations that can make environmental policies can be effective, which are developed countries that already have Eco-friendly technologies used for environmental control. The efforts that have been made by countries to create a balance between the profits obtained from trade itself and environmental conservation and natural resources are focused on environmental policy at the national level. Countries create environmental standards that are adapted to environmental standards and have been agreed at the international level. Furthermore, various approaches are being implemented to achieve higher environmental standards, through international organizations and multilateral agreements related to preserving the environment and natural resources.
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Duque, Gustavo Adolfo Guarin. "Interpreting WTO Rules in Times of Contestation (Part 1): Trump Tariffs on Imported Steel and Aluminium in the Light of the GATT 1994". Global Trade and Customs Journal 13, Issue 10 (1 de outubro de 2018): 420–34. http://dx.doi.org/10.54648/gtcj2018046.
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This article is a research written under the legal framework of the World Trade Organization. It focuses on the compatibility of the Trump administration’s tariffs, quotas and waivers on imported steel and aluminium with the General Agreement on Tariffs and Trade of 1994 and the Agreement on Safeguards. In the research, the author made a general description of the measures enacted by the US on aluminium and steel and made a legal assessment of the measures in the light of the principal obligations provided in the GATT 1994 and the Agreement on Safeguards of the WTO.
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Baena-Rojas, Jose Jaime, e Susana Herrero-Olarte. "From Preferential Trade Arrangements to Free Trade Agreements: One of the Downturns of Cooperation in International Relations?" Social Sciences 9, n.º 8 (6 de agosto de 2020): 139. http://dx.doi.org/10.3390/socsci9080139.
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Since the signing of the General Agreement on Tariffs and Trade (GATT) and the creation of the World Trade Organization (WTO), preferential trade agreements (PTAs) have been an interesting tool to promote international cooperation through the granting of non-reciprocal and/or unilateral tariff preferences by developed countries to developing countries. These international agreements have tended to generate critical trade dependencies for the receiving countries. Due to the circumstances of world trade and due to the lack of interest of the grantors to maintain this type of tariff preference, these developing countries are forced to renegotiate their PTAs into to free trade agreements (FTAs). To demonstrate this, we conducted a qualitative analysis to characterize the behavior of PTAs and their impact on the configuration of FTAs and to obtain indicators and trends. The results suggested a predominance of FTAs and a decline in PTAs. This was done to maintain access to the markets within those granting countries, which also became the main trading partners of these PTA recipient countries.
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Amin, Ruzita Mohd. "A Decade of the World Trade Organization and the Trade Performance of Muslim Countries". American Journal of Islam and Society 27, n.º 4 (1 de outubro de 2010): 23–44. http://dx.doi.org/10.35632/ajis.v27i4.369.
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The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.
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Puspita, Natalia Yeti, Karen Yohana e Fadhil Arkaan Katili. "World Trade Organization: Penyelesaian Sengketa Dagang Impor Ayam (Brazil V. Indonesia)". Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma 23, n.º 2 (15 de novembro de 2021): 16–21. http://dx.doi.org/10.51921/chk.v23i2.169.
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The world trade regime began in 1948 which began with the General Agreement on Tariffs and Trade (GATT). After experiencing several developments, a forum was formed namely the World Trade Organization (WTO). By ratifying the agreement on the WTO, Indonesia must adjust the existing regulations to the provisions or decisions made by the trade organization. In 2009, Indonesia was having a dispute about chicken importation with Brazil. This case arises when Indonesia implements policies that inhibit chicken export activities from Brazil to Indonesia. Indonesia claims that Indonesia only ensures that the chicken is healthy and halal for consumption. This dispute was then brought to the WTO Dispute Settlement Body with case number DS 484: Indonesia - Measures Meat Chicken Meat and Chicken Products.
Keyword: Dispute Settlement Body, World Trade Organization, Impor Ayam, Brazil, Indonesia.
Abstrak. Rezim perdagangan dunia sudah dimulai sejak tahun 1948 yang diawali dengan adanya General Agreement on Tariffs and Trade (GATT). Setelah mengalami beberapa perkembangan, dibentuklah sebuah wadah yaitu World Trade Organization (WTO) yang merupakan organisasi perdagangan dunia. Dengan meratifikasi agreement tentang WTO, Indoensia harus menyesuaikan peraturan dan regulasi yang ada dengan ketentuan atau hasil keputusan organisasi perdagangan tersebut. Pada 2009, Indonesia terkena sengketa impor ayam dengan Brazil. Kasus ini timbul ketika Indonesia diduga memberlakukan kebijakan yang menghambat kegiatan ekspor ayam dari Brazil ke Indonesia. Sengketa ini kemudian dibawa ke Badan Penyelesaian Sengketa WTO dengan nomor kasus DS 484: Indonesia - Measures Meat Chiken Meat and Chiken Products.
Kata Kunci: Dispute Settlement Body, World Trade Organization, Impor Ayam, Brazil, Indonesia.
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Weerth, Carsten. "Survey on Free Trade Agreements and Customs Unions". Global Trade and Customs Journal 4, Issue 4 (1 de abril de 2009): 113–23. http://dx.doi.org/10.54648/gtcj2009014.
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From 1948 to 1994, the General Agreement on Tariffs and Trade (GATT) Secretariat received 124 indications of Regional Trade Agreements (RTAs) relating to the trade in goods, and since the creation of the World Trade Organization (WTO) in 1995, more than 240 additional RTAs (covering trade in goods and services) have been notified to the WTO. Since 1990, the number of RTAs indicated to the GATT/WTO Secretariat concerning the trade in goods has risen strongly. A World Customs Organization (WCO) survey on the existing Free Trade Agreements (FTAs) and Customs Unions (CUs) in the trade of goods has been published in September 2008. This paper shows the major findings of the WCO survey and puts them into a wider WTO/GATT picture.
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Rose, Andrew K. "Do We Really Know That the WTO Increases Trade?" American Economic Review 94, n.º 1 (1 de fevereiro de 2004): 98–114. http://dx.doi.org/10.1257/000282804322970724.
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This paper estimates the effect on international trade of multilateral trade agreements—the World Trade Organization (WTO), its predecessor the General Agreement on Tariffs and Trade (GATT), and the Generalized System of Preferences (GSP) extended from rich countries to developing countries. I use a standard “gravity” model of bilateral merchandise trade and a large panel data set covering over 50 years and 175 countries. An extensive search reveals little evidence that countries joining or belonging to the GATT/WTO have different trade patterns from outsiders, though the GSP seems to have a strong effect.
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Finger, Joseph Michael. "The WTO Trade Facilitation Agreement: Form without Substance Again?" Journal of World Trade 48, Issue 6 (1 de dezembro de 2014): 1279–87. http://dx.doi.org/10.54648/trad2014045.
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The WTO Trade Facilitation Agreement provides flexibility for Developing Members by allowing them to accept only the legal obligations they attach as "schedules"- as the schedules attached to a tariff agreement. The possibility that Developed Members can induce broad acceptance by Developing Members through reciprocal negotiation is compromised by Developed Members not having the flexibility of attaching schedules-they must accept all of the disciplines of the agreement. Inducing broad acceptance by Developing Members through the provision of assistance (i.e., paying Developing Members to do so) is compromised by the agreement not bringing the provision of assistance within its legal obligations. The agreement thus fails to bring reciprocity to bear on the acceptance of discipline over trade controls and fails to give operational content within the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO) legal system to the provision of assistance to developing countries. I conclude that it is another example of the "form without substance" (Robert Hudec's earlier conclusion) that has characterized the GATT/WTO system's relations with developing countries since its beginning.
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Davies, Arwel. "Interpreting the Chapeau of GATT Article XX in Light of the ‘New’ Approach in Brazil-Tyres". Journal of World Trade 43, Issue 3 (1 de junho de 2009): 507–39. http://dx.doi.org/10.54648/trad2009021.
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Non-discrimination obligations in the World Trade Organization (WTO) Agreements continue to be intensely debated in terms of how to characterize what is prohibited and what legal tests and methodologies should be applied. This article engages with various aspects of this debate with reference to the different conceptions of the chapeau of General Agreement on Tariffs and Trade (GATT) Article XX evident in the panel and Appellate Body reports in Brazil-Tyres.
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Putra, Akbar Kurnia. "Agreement on Agriculture Dalam World Trade Organizations". Jurnal Hukum & Pembangunan 46, n.º 1 (31 de março de 2016): 90. http://dx.doi.org/10.21143/jhp.vol46.no1.37.
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Kerangka liberalisasi perdagangan komoditi pertanian dalam konteks World Trade Organization (WTO) tertuang dalam Perjanjian Umum Bidang Pertanian atau Agreement on Agriculture (AOA). AOA adalah salah satu perjanjian internasional WTO yang dihasilkan melalui serangkaian perundingan dalam Putaran Uruguay dari General Agreement on Tariffs and Trade (GATT). Perjanjian ini diberlakukan bersamaan dengan berdirinya WTO pada tanggal 1 Januari 1995 yang terdiri atas 13 bagian dengan 21 Pasal yang dilengkapi dengan 5 Pasal Tambahan (Annex) dan satu lampiran untuk Annex ke-5. Adapun AoA memiliki tiga pilar utama yaitu perluasan akses pasar, dukungan domestik serta subsidi ekspor. Melalui Undang-Undang Nomor 7 Tahun 1994 Indonesia telah meratifikasi ketentuan-ketentuan WTO dimana WTO mewajibkan negara-negara anggotanya untuk menyesuaikan aturan-aturan yang termuat dalam Annex WTO. Salah satunya adalah aturan-aturan kebijakan pangan Indonesia yaitu melalui Undang-undang Nomor 7 Tahun 1996 tentang Pangan dan Peraturan Pemerintah Nomor 68 Tahun 2002 tentang Ketahanan Pangan.
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Amin, Ruzita Mohd. "A Decade of the World Trade Organization and the Trade Performance of Muslim Countries". American Journal of Islamic Social Sciences 27, n.º 4 (1 de outubro de 2010): 23–44. http://dx.doi.org/10.35632/ajiss.v27i4.369.
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The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.
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Siegel, Deborah E. "Legal Aspects of the IMF/WTO Relationship: The Fund’s Articles of Agreement and the Wto Agreements". American Journal of International Law 96, n.º 3 (julho de 2002): 561–99. http://dx.doi.org/10.2307/3062162.
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The relationship between the International Monetary Fund (Fund) and the World Trade Organization (WTO) is a continuation of the long-standing relationship between the Fund and the Contracting Parties to the General Agreement on Tariffs and Trade (GATT), as modified by new developments associated with the establishment of the WTO. The two organizations generally act in a complementary and cooperative fashion. Discussions about the legal aspects of the relationship, however, including recent WTO dispute settlement cases concerning the Fund, reflect misunderstandings about the legal nature of Fund activities and how they relate to the WTO provisions on this relationship. In addition, certain issues about the Fund/WTO relationship are not clearly resolved in the text of the WTO Agreements. This article discusses key legal provisions of the WTO Agreements that concern the Fund and explains the legal nature of the Fund’s activities relevant to these provisions.
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Vranes, Erich. "The Overlap between GATT and GATS: A Methodological Mate". Legal Issues of Economic Integration 36, Issue 3 (1 de agosto de 2009): 215–38. http://dx.doi.org/10.54648/leie2009015.
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This article examines an issue of systemic and economic importance in World Trade Organization (WTO) law, namely, the fact that the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) agreements overlap to some extent, possibly giving rise to unexpected obligations and even conflicts of norms. The purpose of the article is twofold: it first analyzes the – very few – positions that have so far been taken on this issue, arguing that they have tended to deal with singular aspects of a problem that actually has a considerable number of facets. It then explains these different layers of the problem and sets out a more comprehensive doctrinal approach to these issues.
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Chen, Shumei. "Fight or Flight: A Study on Strategic Approaches Adopted by Chinese Lighter Manufacturers Facing EU CR Standard and Regulation". Global Trade and Customs Journal 3, Issue 2 (1 de fevereiro de 2008): 69–76. http://dx.doi.org/10.54648/gtcj2008008.
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Partly due to the taking down of the barriers from tariffs by the General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO), technical barriers to trade (TBT) have become something crucial for developing countries’ exportation. This article studies the strategic approaches taken by Chinese lighter manufacturers when they were confronted with EU’s barriers from its lighter standardization. After a brief survey on shortcomings of WTO/TBT agreement and the manifestation of proliferation of TBT worldwide, this article studies the approaches taken by different Chinese lighter manufacturers, borrowing the terms voice, compliance and exit from World Bank chief economist Jaffe and his team. Finally, a model of approaches is generalized for relative exporters’ reference.
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KELEMEN, R. DANIEL. "The Limits of Judicial Power". Comparative Political Studies 34, n.º 6 (agosto de 2001): 622–50. http://dx.doi.org/10.1177/0010414001034006002.
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This article analyzes the politics of supranational dispute resolution, focusing on trade-environment disputes in the context of the European Union (EU) and General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO). The author analyzes how the interaction of political and legal pressures has influenced decision making by the European Court of Justice (ECJ) and by GATT/WTO panels in trade-environment disputes.
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Swaak-Goldman, Olivia Q. "Who Defines Members' Security Interest in the WTO?" Leiden Journal of International Law 9, n.º 2 (junho de 1996): 361–71. http://dx.doi.org/10.1017/s0922156596000246.
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The European Community (EC) has recently announced its decision to begin dispute-resolution procedures in the World Trade Organization (WTO) against the United States (US) because of the latter's passage of the so-called ‘Helms-Burton’ law, which tightens the sanctions against Cuba by means of extraterritorial application. This will, in all probability, offer the WTO an ideal opportunity to define the limits of the General Agreement on Tariffs and Trade's (GATT) security exception. The security exception, contained in GATT Article XXI, is also included in other agreements annexed to the Agreement establishing the World Trade Organization (WTO Agreement), such as the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). It provides an exception from all GATT (as well as GATS and TRIPs) obligations, including the all-important ‘most-favoured-nation’ non-discrimination rule. The security interests at issue must be those of a political, rather than an economic, nature. It should be noted that because there is no human rights and democracy exception to the GATT or other agreements annexed to the WTO Agreement, trade restrictions that are based either in whole or in part on these concerns, such as the measures against Cuba, are usually justified on the basis of the security exception.
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Bagwell, Kyle, e Robert W. Staiger. "Enforcement, Private Political Pressure, and the General Agreement on Tariffs and Trade/World Trade Organization Escape Clause". Journal of Legal Studies 34, n.º 2 (junho de 2005): 471–513. http://dx.doi.org/10.1086/431782.
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Moon, William J., e Alec Stone Sweet. "Consensus Analysis, State Practice, and Majoritarian Activism in the WTO". AJIL Unbound 108 (2014): 295–99. http://dx.doi.org/10.1017/s2398772300009442.
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World Trade Organization (WTO) judges regularly assess aggregate state practice and international standardswhen they adjudicate claims under Article XX of the General Agreement on Tariffs and Trade (GATT) and Art. XIV of the General Agreement on Trade inServices (GATS). How they do so has helped to determine the institutional evolution of the WTO, given the paralysis of its legislative organs. In this comment, we con-sider the reports in the EC—Seal Products dispute in light of this view, as well as theory and evidence of a comparative nature.
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Shadikhodjaev, Sherzod. "The Russian Trade-Remedy System: Peculiarities and Future Prospects". Review of Central and East European Law 35, n.º 2 (2010): 159–89. http://dx.doi.org/10.1163/157303510x12650378240197.
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AbstractSince its 1993 application for membership in the General Agreement on Tariffs and Trade (GATT, now the World Trade Organization, or WTO), Russia has enacted several legal instruments to adapt to WTO trade-remedy rules. Russia's 2003 Trade-Remedy Law largely reiterates WTO rules; it also, however, contains certain provisions that clarify ambiguous language used in the WTO agreements, that set forth either stricter or looser standards, or that introduce new elements that do not exist in the current multilateral trade agreements. In addition, some peculiarities can also be found with respect to institutional and practical aspects of the Russian trade-remedy system. Furthermore, it is expected that this system will undergo certain transformations under a planned customs union involving Russia, Belarus, and Kazakhstan.
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Yilmaz, Müslüm. "Article: What Is (Not) a WTO Safeguard Measure?" Journal of World Trade 58, Issue 3 (1 de abril de 2024): 335–60. http://dx.doi.org/10.54648/trad2024022.
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The World Trade Organization (WTO) Agreement does not contain a definition for a safeguard measure, nor does it prescribe the particular form that such a measure has to take. Recent dispute settlement reports have explored some aspects of this issue. Two conclusions reached in those reports are explained in this article. First, a WTO safeguard measure is one that is adopted following WTO and/or domestic rules and procedures on safeguard measures. A measure adopted pursuant to a provision of the General Agreement on Tariffs and Trade 1994 (GATT 1994) other than its Article XIX or pursuant to a WTO Agreement other than the Agreement on Safeguards (SG Agreement) may not be considered a WTO safeguard measure. Second, a WTO safeguard measure withdraws or modifies a tariff concession or suspends another GATT obligation. A measure that lacks these constitutive elements of a safeguard measure may not be considered a WTO safeguard measure.
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Nantawaroprai, Dolnapa. "Principles of Non-Discrimination against Trading State Party of Powerful Country on the basis of World Trade Organization “Case Study Banning Thai Coconut Products”". Psychology and Education Journal 58, n.º 1 (29 de janeiro de 2021): 1364–68. http://dx.doi.org/10.17762/pae.v58i1.913.
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The principle of Non-discrimination of the World Trade Organization (WT0) aims to provide fairness to all member countries by means of the Most Favored Nations Treatment and National Treatment under the General Agreement of Trade and Tariffs (GATT). Accordingly, the free trade has been promoted in all regions of the world. However, many WTO members resort to take advantage of general exceptions to the non-discriminatory practice by invoking Article XX of WTO in disguise, thus affecting the free trade principle of WTO.
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Hartmann, Stephanie. "Russia – Measures Concerning Traffic in Transit (WTO)". International Legal Materials 58, n.º 5 (outubro de 2019): 899–1027. http://dx.doi.org/10.1017/ilm.2019.40.
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On April 5, 2019, a World Trade Organization (WTO) panel (Panel) issued its decision in the dispute Russia – Measures Concerning Traffic in Transit. This decision is notable because it is the first instance in which a WTO panel has been called on to interpret the national security provision of the General Agreement on Tariffs and Trade (GATT 1994), Article XXI.
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Richards, Cameron, e Farrokh Farrokhnia. "E-Commerce Products Under the World Trade Organization Agreements: Goods, Services, Both or Neither?" Journal of World Trade 50, Issue 5 (1 de outubro de 2016): 793–817. http://dx.doi.org/10.54648/trad2016032.
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E-commerce is becoming an increasingly important focus of the international trade. Dealing with the virtual nature of e-commerce to create a borderless global economy requires the involvement of the World Trade Organization (WTO) as the only international organization regulating global trade between nations. However, the WTO has struggled in its efforts to address the various uncertainties of classification applied to e-commerce products (hereinafter ‘Classification’) under its existing Agreements (e.g. General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS)). This article investigates how a comprehensive approach is needed to address foundational Classification challenges. Using the key tools of the grounded theory method, this article analyses all the WTO Members’ discussions (1998–2014) related to the Classification issue. It does so as a basis for critiquing the WTO’s approach to addressing this challenge. It argues e-commerce products are both or neither goods or services. Extending the territorial and geographical notions created for traditional trade to the virtual nature of digital world is simply inadequate and fails to appropriately draw a certain line between traditional trade and existing as well as emerging e-commerce products. On this basis this article provides an outline of the distinct and more integrated approach needed.
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Palmeter, David. "The WTO Appellate Body's First Decision". Leiden Journal of International Law 9, n.º 2 (junho de 1996): 337–60. http://dx.doi.org/10.1017/s0922156596000234.
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The General Agreement on Tariffs and Trade (GATT) began more as a diplomatic forum where parties compromised disagreements than a court that settled them. The term ‘conciliation’ was used more frequently to describe the process than the term ‘dispute settlement’. However, over nearly half a century as the focal point of international trade law and diplomacy, GATT's dispute settlement procedures moved decidedly, if not steadily, from the diplomatic to the juridical. With the adoption of the Marrakesh Agreement Establishing the World Trade Organization (WTO), the juridical model clearly has prevailed.
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Ranjan, Prabhash. "National Security Exception in the General Agreement on Tariffs and Trade (GATT) and India–Pakistan Trade". Journal of World Trade 54, Issue 4 (1 de agosto de 2020): 643–65. http://dx.doi.org/10.54648/trad2020028.
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India and Pakistan, two nuclear-armed South Asian neighbours who have shared a turbulent relationship for last seventy years, recently came close to almost fighting a war with each other. The recent terror attack in Pulwama in Kashmir by a terror group based in Pakistan, led India to revoke Pakistan’s most favoured nation (MFN) status under the World Trade Organization (WTO) by imposing 200%tariff rates on all Pakistani imports. This decision was followed by a limited military confrontation between the two countries. Such unilateral increase in the customs tariff rates violate India’s MFN obligation towards Pakistan. This article discusses whether India can justify this measure under Article XXI of GATT – the national security exception. The paper, in light of the scholarly commentary and the recent WTO Panel’s decision in the Russia – Transit case, discusses the key concepts of Article XXI and applies them to the India–Pakistan situation. The paper finds that while a situation of international emergency did exist between the two countries, the Indian measure cannot be justified under Article XXI of GATT. India, Pakistan, National Security, Article XXI, GATT
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Nwoke, Uchechukwu. "Imposition of trade tariffs by the USA on China: implications for the WTO and international trade law". Journal of International Trade Law and Policy 19, n.º 2 (18 de abril de 2020): 69–84. http://dx.doi.org/10.1108/jitlp-01-2019-0003.
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Purpose The increased integration of national economies and the belief that international trade is beneficial to societies has led to the formation of the World Trade Organization (WTO), to regulate the conduct of international trade by national governments. Using US domestic legislation and case laws, as well as the provisions of the General Agreement on Tariffs and Trade (GATT) 1994, the purpose of this paper is to analyze the legality or otherwise of the recent imposition of unilateral trade tariffs by the USA on China. Design/methodology/approach This paper adopts a doctrinal approach through a critical review of extant legislation and case laws. Drawing from existing literature in the area of WTO and international trade law, the paper argues that the imposition of tariffs by the Trump administration is outside the scope provided for by the WTO rules. Findings The paper finds that the imposition of unilateral tariffs by the Trump Government, while in breach of US domestic legislation and case laws, as well as the country’s obligations under the GATT 1994, portends a clear danger to the continued existence of the WTO and to international trade in general. Originality/value This paper is an original study of the author, which extends the body of knowledge in the area of international trade law, by analyzing the possible implications of the imposition of trade tariffs by the USA on China and offering suggestions on how the impasse can be resolved.
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Novi Ambar, Moh Asman. "Mekanisme Kepatuhan Hukum Dalam World Trade Organization (WTO): Implementasi The General Agreement on Tariffs and Trade (GATT) 1994". MARAS: Jurnal Penelitian Multidisiplin 2, n.º 2 (8 de abril de 2024): 618–24. http://dx.doi.org/10.60126/maras.v2i2.235.
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Kemajuan globalisasi mendorong pembentukan World Trade Organization (WTO) sebagai regulator perdagangan internasional. Namun, pelanggaran aturan dagang global masih kerap terjadi. Penelitian ini menggunakan metode yuridis normatif untuk menjelaskan prinsip-prinsip hukum dalam menganalisis kepatuhan Amerika Serikat dan Kanada terhadap aturan General Agreement on Tariffs and Trade (GATT) dari perspektif Hobbesian, Durkheimian, dan Habermasian. Hasil analisis menunjukkan bahwa kepatuhan dapat diwujudkan melalui tiga faktor yaitu penegakan otoritas WTO, tekanan kolektif anggota WTO, serta komunikasi rasional dalam pengambilan keputusan. Penegakan otoritas WTO diperlukan untuk mengawasi dan menindak pelanggaran aturan. Tekanan kolektif dari anggota WTO lainnya mendorong kepatuhan negara pelanggar. Komunikasi rasional penting untuk mencapai kesepakatan yang menguntungkan semua pihak terkait perdagangan global. Pemahaman menyeluruh tentang urgensi kepatuhan pada aturan GATT penting untuk implementasi kebijakan perdagangan internasional yang optimal, adil, dan menguntungkan semua pihak. Kepatuhan menciptakan lingkungan perdagangan yang stabil, terbuka, dan saling menguntungkan.
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Irwin, Douglas A. "The Bank, the Fund, and the GATT: Which Institution Most Supported Developing-Country Trade Reform?" World Trade Review 22, n.º 3-4 (5 de setembro de 2023): 370–81. http://dx.doi.org/10.1017/s1474745623000198.
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AbstractThe 1980s and 1990s saw a policy revolution in developing countries in which many highly protected (if not closed) economies were opened to world trade. These reforms were largely undertaken unilaterally, but international economic institutions such as the World Bank, the International Monetary Fund, and the General Agreement on Tariffs and Trade/World Trade Organization supported these efforts. This paper examines the ways in which these institutions promoted, or failed to promote, trade policy reform during this pivotal period.
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Ostrihansky, Rudolf. "The Future of Dispute Settlement Within GATT: Conciliation V. Adjudication". Leiden Journal of International Law 3, n.º 3 (dezembro de 1990): 125–37. http://dx.doi.org/10.1017/s0922156500002223.
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A system for the settlement of disputes has developed within the General Agreement on Tariffs and Trade (GATT), originally through the practice of this organization, later on embodied in several decisions of Contracting Parties. This system presents a unique set of rules and practices for the settlement of interstate economic conflicts. It is the only comprehensive system, established within multicultural context, that is comparable with the bilateral procedure incorporated in the Free Trade Agreement between the United States and Canada.
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Cunha, Raphael, Norma Breda dos Santos e Rogério de Souza Farias. "Generalized System of Preferences in General Agreement on Tariffs and Trade/World Trade Organization: History and Current Issues". Journal of World Trade 39, Issue 4 (1 de agosto de 2005): 637–70. http://dx.doi.org/10.54648/trad2005039.
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The present study investigates the history of the General System of Preferences within the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) systems with a particular view to define how developed and developing countries adapted their market policies to the demands of the multilateral trading system (MTS). It analyses the role of the most-favoured-nation (MFN) clause and its consequences to developing countries’ interests, within its parameters of differential market access. The study tries to explain the treatment of preferences in an objective light, presenting two current case studies: the formulation of the American GSP scheme and the dispute of India and the European Union in the WTO about the European Union’s GSP scheme. In addition to this, the study focuses on the conflict among developing countries on the issue of special and differential treatment. This focus will lead to a renewed reading of the history of MTS that takes into consideration the frailty of developing countries’ unity and that tries to understand why and to what extent this unity shattered along the way.
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Kennedy, Matthew. "Blurred Lines: Reading TRIPS with GATT Glasses". Journal of World Trade 49, Issue 5 (1 de outubro de 2015): 735–55. http://dx.doi.org/10.54648/trad2015029.
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There is a need to clarify when jurisprudence developed under the General Agreement on Tariffs and Trade (GATT) and under World Trade Organization (WTO) agreements on trade in goods and services is applicable in disputes concerning the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Through the application of the general rule of treaty interpretation, this article identifies two main areas in which such jurisprudence can be applicable in TRIPS disputes. These comprise procedural issues arising under the DSU and substantive issues surrounding basic GATT principles as adapted in Part I of TRIPS. The author makes a case study of the panel report in US – Section 110(5) Copyright Act to explore the consequences of resorting to GATT concepts in the interpretation and application of a minimum standard for intellectual property protection in Part II of TRIPS, and cautions against use of such an approach in future TRIPS disputes.
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GOLDSTEIN, JUDITH, e JOANNE GOWA. "US national power and the post-war trading regime". World Trade Review 1, n.º 2 (julho de 2002): 153–70. http://dx.doi.org/10.1017/s1474745602001131.
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This essay examines the effect of power asymmetries and imperfect markets on US trade policy, two issues often neglected in the conventional literature. We suggest that when the distribution of power is skewed and markets do not conform to the world of standard trade theory, open international markets will not exist unless the disproportionately most powerful state can make a credible commitment to free trade. We suggest that these two conditions characterized the post-World War II trade environment and partially explain why the United States encouraged the formation of the postwar international trade regime. To demonstrate this argument, we examine the voting rules, dispute settlement procedures, and regional trading arrangements that characterized the three postwar trade organizations: the stillborn International Trade Organization, the General Agreement on Tariffs and Trade, and the World Trade Organization. We argue that the rules of these institutions empowered their member states to punish any US attempts to ‘cheat’. In so doing, it made free trade their welfare-maximizing strategy choice.
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Yilmaz, Müslüm. "The Legal Relationship between Special Safeguard Measures on Agricultural Products and General Safeguard Measures". Global Trade and Customs Journal 4, Issue 3 (1 de março de 2009): 87–96. http://dx.doi.org/10.54648/gtcj2009011.
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The article addresses the question of whether a World Trade Organization (WTO) Member is permitted to simultaneously apply a special safeguard measure under Article 5 of the WTO Agreement on Agriculture (AGA) and a general safeguard measure under Article XIX of the General Agreement on Tariffs and Trade (GATT) 1994 and the WTO Agreement on Safeguards on the same agricultural product. The author argues that such simultaneous application is possible as a matter of law and proposes that the text of Article 5.8 be amended in order to refl ect this. That said, the author also acknowledges that in practice it would be difficult, if not impossible, to demonstrate that the conditions for the simultaneous application of these two measures on the same agricultural product are met.
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Ahn, Dukgeun. "Third Country Dumping: Origin, Evolution and Prospect". Journal of World Trade 46, Issue 3 (1 de junho de 2012): 635–55. http://dx.doi.org/10.54648/trad2012020.
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Third country anti-dumping actions were envisioned at the very inception of the General Agreement on Tariffs and Trade (GATT) and yet almost completely neglected by most governments throughout the GATT/World Trade Organization (WTO) history. The requirement for prior approval by multilateral trade institutions became a formidable procedural obstacle for any country seeking third country anti-dumping duty (AD) actions. Despite such difficulties, there were only few attempts to effectively employ such actions and several legal arrangements to refine the rules for third country AD actions. This article investigates the origin and historical development concerning third country AD actions and examines their implications for the current WTO system that is congested with numerous Free Trade Agreements (FTAs).