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1
Watson, James Kenneth Ryder. "The World Trade Organisation : development of competence beyond trade?" Thesis, University of Leeds, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530814.
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2
Barfield, Scott. "Development, the World Trade Organisation and the 'Banana Trade War'". Thesis, University of Sheffield, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.289662.
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3
Greyling, Minette Ilse. "The World Trade Organisation : international trade, dispute settlement & the environment". Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53695.
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Thesis (MA)--Stellenbosch University, 2003.ENGLISH ABSTRACT: The norms governing international trade on the one hand, and sustainable development on the other, have both different origins and objectives. This is the central problem that will be addressed in this research assignment, by analysing the structure, functioning and future of the World Trade Organisation Dispute Settlement Mechanism (DSM). Though there has been a significant shift from politics to legality, the dispute settlement system is still far from perfect. When looking at recent environmental trade disputes, the stress placed on the system is revealed. •• The focus is on the impact of environmental disputes on the nature and functioning of the DSM, and how these disputes have contributed to the development of international trade law, and the concept of sustainable development. These will all contribute to a greater understanding of the interaction of the World Trade Organisation and the multilateral trading system, and the future role the WTO should play on the agenda for sustainable development.
AFRIKAANSE OPSOMMING: Die norme wat enersyds internasionale handel, en andersyds volhoubare ontwikkeling beheer, het uiteenlopende oorspronge en doelstellings. Hierdie is die sentrale probleem wat deur hierdie navorsingsverslag aangespreek word, te wete deur die struktuur, funksionering en toekoms van die Wereldhandelsorganisasie (WHO) Dispute Settlement Mechanism (DSM) te analiseer. Hierdie dispuutskikkingstelsel is nog steeds nie volmaak nie, ten spyte daarvan dat daar reeds 'n betekenisvolle verskuiwing van politiek tot wetlikheid plaasgevind het. As daar na onlangse omgewingshandelsdispute gekyk word, kom die druk wat op die stelsel geplaas word, duidelik na vore. Die fokus word dus met hierdie navorsingsverslag geplaas op die impak wat omgewingsdispute op die aard en funksionering van die DSM het, en hoe die dispute bygedra het tot die ontwikkeling van internasional handelswette asook op die konsep van volhoubare ontwikkeling. Hierdie fokus behoort by te dra tot 'n groter begrip tot die interaksie tussen die Wereldhandelsorganisasie (WHO) en die multilaterale handelstelsels, asook op die toekomstige rol wat die WHO behoort te speel met betrekking tot die agenda vir volhoubare ontwikkeling.
4
Maruyama, Takao. "The EU-Japan relationship in the World Trade Organisation". Thesis, University of Newcastle Upon Tyne, 2012. http://hdl.handle.net/10443/1400.
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At the time when Japan was experiencing robust economic growth and Europe was accelerating its integration, a number of researchers noticed the importance of investing in their bilateral economic relationship, which was formerly obscured by their respective „special‟ relationships with the United States. When their trade frictions came to the surface, their trade relationship began to attract more attention. In the meantime, world trade entered a new phase with the creation of the World Trade Organisation (WTO) in 1995. As the successor of the General Agreement on Tariffs and Trade (GATT), the WTO became a new arena for member countries to make trade agreements and solve trade frictions with their trade partners. In this thesis, we will investigate the relationship between the EU and Japan in the WTO. The thesis will look closely at social forces and investigate how various social forces have influenced the position of the EU and Japan, as well as the WTO. On top of that, we will also analyse how the function of the WTO has influenced the EU and Japan, and their relationship in the multilateral trading system. Trade conflicts have often been seen as trade tensions between national states. In fact, the WTO deals only with member countries (with the exception of the EU). However, trade tensions may well break out not between national states but between individual sectors, such as agriculture and steel, which sectoral interests then turn to their national states for support. This indicates that even trade friction is not simply antagonism between national states, but between national and transnational fractions of classes. States have been utilised by transnationally oriented dominant groups which intend to integrate their countries into emergent global capitalist structures. This thesis therefore raises questions about liberal trade theory concerning its serious gap between theory and actual practices, and suggests an alternative approach to structural issues of the state-centric approach to world politics. While we consult neo-liberal institutionalist theory to investigate the role of the WTO and its influence upon the EU-Japan relationship, we will analyse the interaction of various social forces within the EU and Japan from a neo-Gramscian perspective. In this way, we will try to direct attention to relations between social interests in the struggle for consensual leadership rather than concentrating solely on state dominance. Focusing on the role of international organisations and social forces, the aim of this thesis is to investigate how the EU and Japan have developed „coordinated action‟ and „joint negotiating stances‟ on particular trade issues, notably on agriculture and steel trade. Furthermore, as our central research iii questions, this thesis investigates what has been the overall effect of the WTO on the development of the EU-Japan trade relationship, as well as how the WTO has provided an impetus to promote certain patterns in EU-Japan relations. Through this thesis, I aim to contribute to the understanding of the roles of social forces in the interaction in international organisations.
5
Walters, Zeph. "Evaluating the enforcement of World Trade Organisation dispute settlement decisions". University of Western Cape, 2019. http://hdl.handle.net/11394/7563.
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Magister Legum - LLMThe World Trade Organisation (WTO) deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements.1 Furthermore, it has implemented a dispute resolution process aimed at enforcing participants' adherence to WTO agreements. Ideally, all WTO member states have ‘a level playing field’ in terms of access and equal rights under the dispute settlement mechanism. Disputes should be resolved in a fair and impartial manner. However, the WTO’s DSS has been criticised for being undemocratic, non-transparent and accountable to none. 2
6
Davies, Arwel. "The prospects for the World Trade Organisation Agreement on Government Procurement". Thesis, University of Nottingham, 2000. http://eprints.nottingham.ac.uk/14004/.
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This thesis questions the prospects for the World Trade Organisation, Agreement on Government Procurement. This is the most important international agreement seeking to promote cross-border trade in hitherto closed national procurement markets. For the above threshold goods, services and construction services contracts which it covers, the Agreement's principal objective is to require the non-discriminatory treatment of foreign suppliers. It is because of this general insistence on non-discriminatory treatment that the Agreement's membership is limited to 27 of the 134 World Trade Organisation Members. The first theme of this thesis is therefore devoted to explaining this problem of limited membership, and to proposing possible solutions. While the Agreement's limited membership means that it is not yet capable of liberalising international procurement markets among the general WTO membership, the thesis also considers the Agreement's prospects among the major trading partners which have acceded to date. Our second theme therefore explores two of the problematic areas presenting very different difficulties and challenges, which will impact on the Agreement's success among its present and prospective Members. These distinct areas are, firstly, the use of information technology in public contract awards, and, secondly, the need for an effective system of remedies and enforcement.
7
Abida, Saleh Rajab. "The impact of the World Trade Organisation on Libyan banking sector". Thesis, Liverpool John Moores University, 2011. http://researchonline.ljmu.ac.uk/6023/.
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The main aim of this study is to identify and analyse, both qualitatively and quantitatively, the potential effects of the World Trade Organization (WTO) on the Libyan Banking sector using DEA and Panel data regression methods. Libya has not gained its full membership of the WTO yet. However, Libya has gained observer status since 2004. Since Libya has not yet joined the WTO, it is not possible to know its impact by addressing the period pre and post joining the WTO. Therefore, to know the final expected impact of the WTO on the Libyan banking sector, two ways are selected. The first one is by assessing the rules of the WTO and review the existing literature regarding the impact of the WTO on banking sector to draw some conclusions on the Libyan banking sector. The other one is by using the efficiency of banks as a means to know the impact of the WTO on the Libyan banking sector. The efficiency was empirically measured using DEA method and two types of comparison: Common Efficient Frontier (CEF) and National Specific Frontier (NSF). The using of DEA method allows the comparison of efficiency of Libyan banks to those in existence in countries similar to Libya (Gulf countries) that have already gained membership of the WTO .Also, to check whether there have been any changes in the general trend of efficiency since these countries have joined the WTO. Finally, in order to find out how to improve the bank efficiency, the determinants of bank efficiency were investigated using panel data regression and the WTO was used as one of the determinants of bank efficiency. The main finding from a sample inclusive of GCCs banks with Iwithout Libyan banks under CEF comparison, reveal that the mean efficiency score of the Libyan banking industry is not dissimilar to the GCC country's mean. Since these results are different to those obtained in the existing literature and also to know the implication of WTO on GCC countries as more homogeneous countries, the analysis was repeated without Libya using the CEF comparison. However, the type of comparison (NSF) produced significantly different results, in particular the ranking of the countries. Overall, The results of DEA which were supported and complemented by using the Panel data regression method show that there is no clear evidence that the efficiency of Gulf countries has been improving since joining of the WTO. The reason behind this might be the decreasing level of efficiency in these countries relative to developed countries When the Gulf countries joined the WTO. Furthermore, the Gulf countries have not yet completely opened their banking sectors and still discriminate against foreign banks. Also, they still enjoy the exemption given to developing countries. Therefore, Libya's joining the WTO as a full member- at the present time -might affect the banking sector negatively. Regarding to the impact of banking reform on Libyan banks efficiency, although the results were ambiguous and depending on using CEF or NSF type, the results of NSF which is supported by previous literature showed that there was progress, therefore, efficiency was improved after the reform had started.
8
Van, Rooyen Annelize. "Speculating WTO coverage and classification of emmission allowances created and generated by the Kyoto Protocol". Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6593_1255613854.
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The study is based on the views of different world authorities on the Kyoto protocol. The current legal status regarding the different opinions and arguments are also considered. This study is limited to defining what allocation of allowances, units and credits as created by the Kyoto protocol can be defined as goods, products, services or subsidies under WTO body of rules .
9
Marsden, Philip. "A competition policy for the WTO". Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.251483.
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Sumer, Vakur. "An Analysis Of The Actorness Of The Eu In The World Trade Organisation". Master's thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/2/12605314/index.pdf.
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This thesis analyzes the European Union as an international actor in the context of World Trade Organisation. This thesis discusses the interaction between the EU and the WTO from several important dimensions. This thesis also examines different theoretical perspectives about concepts of actors and actorness, the evolution of trade policy of the EU, and the history of world multilateral trade system as well.
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Oliver, Bakadi Sannah. "Accession of least developed countries into the world trade organisation: the perspective of south Sudan". University of Western Cape, 2013. http://hdl.handle.net/11394/3908.
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Serwadda, Muhsin. "An Assessment of the application of the Sanitary and phytosanitary agreement of the WTO and its impact on International Trade: A Sub-Saharan perspective". Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5280_1255011225.
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A lot of work has been done regart=ding the SPS agreement and its impact on iternational trade, though not so connclusive. The study, however, is going to deal specifically with an impact of the SPS agreement to the SSA countries, by analysing the balance beween protection of human, animal and plant life or health on the one hand and promotion of international trade in this region.
13
Hawthorne, Helen. "The least developed countries, the World Trade Organisation and the norm of special treatment". Thesis, City University London, 2011. http://openaccess.city.ac.uk/1120/.
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This thesis examines the special treatment of the Least Developed Countries (LDCs) in the World Trade Organisation (WTO). The categorisation of the LDCs by the United Nations in 1971 not only created a new classification of counties, but also created an international norm of special treatment for these countries. The norm of special treatment for LDCs has, since then, slowly spread throughout the international system and has been institutionalised in many international organisations, including the WTO. Evidence of the institutionalisation of the norm within the WTO can be found in its founding documents and agreements, as well as in the Doha Development Agenda. This institutionalisation of the norm has meant that LDCs have been provided with special treatment in the trade regime, which is not provided to other categories of member. This thesis will trace the development and institutionalisation of the international norm of special treatment for LDCs and will focus specifically on its institutionalisation within the GATT/WTO. The thesis uses the concept of the norm lifecycle to demonstrate how the norm of special treatment for LDCs has grown in strength over time and become institutionalised, but has yet to be fully internalised. Through the use of case studies looking at accession, market access and cotton, it argues that the recent agency of the LDCs means that they can be seen as norm entrepreneurs helping to further the norm of special treatment by their appeals to it.
14
Grimett, Leticia Anthea. "An analysis of selected World Trade Organisation agreements to determine whether they discriminate unfairly against developing economices". Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1008368.
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The focus of this thesis is the question whether or not the WTO discriminates unfairly against developing economies. In the absence of a test of guidelines for detennining unfairness or fairness of WTO provisions or Agreements has been drawn up using welfare economic and constitutional law principles as a foundation. Unfairness is therefore determined by asking whether the provisions of each Agreement are rational, proportional, efficient and whether they prevent the abuse of power amongst states. In addition, the economic effects of the provisions of the selected Agreements have been analysed to determine whether the relevant provisions are welfare enhancing and conclusive to promoting growth and development within developing economies. The Agreements chosed for analysis are the Agreements on Trade-related Investment Measures (TRIMS), Trade-related Intellectual Property (TRIPS), Agriculture and Services (GATS). The dispute settlement and negotiating process, labour standards and the impact of decreasing most-favoured nation rates on developing economy competitiveness is also discussed. Application of the test has shown that the WTO provisions do not reflect the interests of all members. Even though most member states are developing economies, the3 Agreements constantly cater foe developed country concerns and interests. Where provision is made for developing country interests, it is the LDC's who are favoured, with nonnal developing economies being bound by the same provisions as the developed economies. A fonnal, as opposed to a substantive, defmition has been adopted by the WTO, with a result that the process of equality is placed above the outcomes. While concessions have been made to development, members have not gone for enough. A main reason for the imbalance can be attributed to the negotiating process, which is based upon concessionary bargaining and trade-off. Those states with greater economic power are therefore at an advantage as they have the leverage needed to influence the outcomes of negotiations and hence the provisions of the various Agreements. Even with the LDC's, the WTO has been found to discriminate unfairly against developing economies because it does not adequately address developing country concerns.KMBT_363
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Mohammed, Anass. "An assessment of Ghana's anti-dumping regime in line with the World Trade Organisation Anti-Dumping Agreement". University of the Western Cape, 2017. http://hdl.handle.net/11394/6386.
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Magister Legum - LLM (Mercantile and Labour Law)The establishment of an anti-dumping regime has become commonplace for many a government that seeks to protect and promote its local industries. One reason which appears to be dominant by its proponents is the need to curb predatory pricing. Another reason given by the proponents of anti-dumping is the need to maintain a level playing field for players in any particular industry. With these reasons and probably many others, anti-dumping legislation began to find its way into present-day trade. Canada, with its anti-dumping statute of 1904 [An Act to Amend the Customs Tariff 1897, 4 Edw VIII, 1 Canada Statutes 111 (1904)] is credited with the first modern anti-dumping legislation. New Zealand followed in 1905 with the Agricultural Implement Manufacture, Importation and Sale Act 1905, which was primarily meant to protect New Zealand's manufacturers of agricultural implements. The Industries Preservation Act 1906 which Australia enacted was to deal with market monopoly by manufacturers but it also contained provisions on anti-dumping. The first decade of the 20th century will thus qualify to be called the introductory decade of anti-dumping legislation.
16
Somerset, Kerry. "The European Commission in the World Trade Organisation : a question of roles, responsibilities and interests". Thesis, Loughborough University, 2008. https://dspace.lboro.ac.uk/2134/35819.
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This thesis sets out to answer the question: What roles and responsibilities have accrued to the European Commission in relation to its operations within global trade negotiations, how have these been interpreted and pursued, and how have they been affected by changing patterns of interests and institutions in the world trading system? The thesis has as its central empirical focus the activities of the European Commission in the World Trade Organisation (WTO) from 1995 to 2003-that is to say, from the foundation of the Organisation to the failure of the Cancun Ministerial. It focuses on the roles and responsibilities of the Commission within trade negotiations and identifies the ways in which it has been affected both by the interests that it serves, or confronts, and by changes in the broader context of the negotiations themselves. The thesis argues that the need to maintain this complex balance of roles, responsibilities and interests in a changing environment creates patterns of path dependency and a search for consistency that reduces the possibility of creative adaptation on the part of the Commission.
17
Oloko, Temitope O. "Impact of the World Trade Organisation TRIPS Agreement on the Intellectual Property Laws of Nigeria". Thesis, University of Pretoria, 2014. http://hdl.handle.net/2263/53216.
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The primary purpose of this study is to determine the consequence of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on the intellectual property laws in Nigeria. The discussion centers on the examination for compliance of the three main laws on intellectual property in Nigeria, as well as the enforcement mechanism for these laws. As the field of intellectual property continues to expand and impact on vital spheres, such as health care, foreign direct investment, technology transfer and access to information, there is a need to safeguard and sustain a beneficial response to concerns about the impact of the relevant provisions of the TRIPS Agreement and its application to intellectual property in Nigeria. The impact of the TRIPS Agreement on developing countries has been a subject of extensive and intense debate, however very little has been focused on Nigeria.
The thesis demonstrates, despite the fact that the Nigerian intellectual property laws have not been reviewed since Nigeria s adoption of the TRIPS Agreement, that the laws are mostly compliant and capable of being adapted to encourage the vital spheres. However, it is noted in this study that the flexibilities provided in the TRIPS Agreement are glaringly absent but are needed to tolerate and sustain a beneficial response to the queries on the impact of the TRIPS Agreement and its implication for intellectual property in Nigeria.
The challenges facing intellectual property from a legal, educational and developmental perspective were highlighted as having a great effect on the growth of intellectual property. The thesis concludes that although the present legal framework provides a measure of compliance, the benefit of a reformed legal frame work to Nigeria cannot be overstated.Thesis (LLD)--University of Pretoria, 2014.
Private Law
LLD
Unrestricted
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Ichimi, Godwin S. "The World Trade Organisation and food insecurity in the south : prospects for the ECOWAS sub-region". Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=196159.
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This thesis focuses on the topic ‘The World Trade Organisation and Food Insecurity in the South: Prospects for the ECOWAS sub-region'. It is cast against the background of the prevailing global food crisis which is generally accepted as having assumed monumental dimensions in sub-Saharan Africa where a total of over 150 million people are said to be under the direct threat of hunger and starvation. The study appraises the mainstream understanding of the root causes of the on-going food crisis, the policies prescribed for their resolution as well as the efficacy of the neo-liberal multilateral institutional frameworks from within which these are currently being deployed. The global and regional multilateral institutions of reference here are the World Trade Organisation (WTO) and the Economic Community of West African States (ECOWAS) respectively. The study contends that the hegemonic narrative is severely limited; that the perspective which drives it suffers from some highly virulent blind-spots on the critical questions of history and the structural notions of power – notions which go to the very heart of the contemporary structuring of the global food system, and which, in the case of West Africa, is assuring the privileged access of some classes to food and food-producing resources whilst excluding the bulk of the class of the majority. Consequently, from a macro-historical qualitative perspective, the study develops and deploys an alternative conceptual framework from within which it appraises the regional agricultural and related trade policies of the member states of the ECOWAS which were developed in response to the neoliberal regimes of the WTO. With the reality of third world structural dependency as a point of departure, and situating this within the theoretical framework of Robert W. Cox and the tenets of Dependency theory, the study poses the question of whether and/or how, in the specific instance of West Africa, the framing of the region’s food and agricultural policies, couched as they have been in conformity to the broader context of the regimes of the WTO, has resulted in the aggravation of insecurity in food production and consumption. Pursuant to investigating this question, the study finds that as adherence by the member states of the ECOWAS to the rules of the WTO Agreements in particular and the dictates of neoliberal economic agenda in general intensifies, regional food and agricultural development strategies of the region have invariably proven incapable of overcoming the logic of structural capitalist dependency. Rather, as the ECOWAP achieves coincidence with the regimes of the WTO, those exact material conditions that stymie the prospects for structural transformation of the agrarian economy in the West African sub-region are being reinforced. The exacerbation of the associated problems of agricultural productivity decline, as well as the concomitant loss of household and national incomes is effectively putting even the food that is available both in the local and international markets well beyond the reach of the bulk of the poverty stricken majority of the people of Western Africa.
19
Maheo, Solen. "The prototype carbon Fund, a public/ private collaboration in the emerging environmental market". Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7945_1254727852.
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This paper addresses the issue of the primary Prototype Carbon Fund objectives , which are High-Quality Emmissions reductions
knowledge dissermination
Public-private parterships. The researcher further invesigates whether, eight years after its creation, the Prototype Carbon Fund is a success.
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Farrell, Jennifer Emma. "The interface of international trade law and taxation : defining the role of the World Trade Organisation in the field of international taxation". Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/2341.
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This thesis explores the ill-defined and oft-underestimated relationship between the World Trade Organisation (WTO) and taxation. By adopting a two-pronged approach, the work will (i) examine the extent to which the WTO legal framework exerts influence upon domestic tax law and international tax policy, and will (ii) question whether it is appropriate for the WTO to play a regulatory role in the field of taxation, and whether this role should be expanded or curtailed. The thesis presents an examination of the historical development of international trade law and international tax law, and reveals that these two separate areas of law are closely linked in terms of their underlying principles and historical evolution. The work then goes on to offer a doctrinal analysis of the tax content found in the WTO legal texts and highlights ambiguities therein. Analysis focuses on the General Agreement on Tariffs and Trade 1994 (GATT), the Agreement on Subsidies and Countervailing Measures (SCM Agreement), and the General Agreement on Trade in Services (GATS). Throughout the analysis, attention is placed on the income tax litigation between the European Union and the United States (the Domestic International Sales Corporation and the Foreign Sales Corporation tax breaks), and on future possible tax conflicts. It is found that the WTO plays a crucial role in regulating taxation matters, but that the rules pertaining to taxation are often unmanageably ambiguous, and this may result in unforeseen conflicts with domestic and international tax policy. Four recommendations are offered to resolve this legal ambiguity: a reappraisal of the direct-indirect tax distinction, the clarification of legal texts, the establishment of a WTO Committee on Trade and Taxation, and the development of institutional linkages and dialogue between the WTO and the traditional international tax institutions, the Organisation for Economic Cooperation and Development (OECD) and the United Nations (UN).
21
Muheki, Stella. "African countries and the World Trade Organisation dispute settlement mechanism : underlying constraints, concerns and proposals for reform". Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/28410.
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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
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Huang, Chieh. "State-trading countries in the World Trade Organisation : a case study of trading right reform in China". Thesis, London School of Economics and Political Science (University of London), 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497982.
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Makki, Fadi A. "Financial services in the World Trade Organisation (WTO) and the General Agreement on Trade in Services (GATS) : development towards the rule of law". Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245225.
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Schewe, Christoph J. "Die Beteiligung nichtstaatlicher Akteure in Streitschlichtungssystemen des internationalen Handels Ansätze in multilateralen und bilateralen Handelsübereinkommen". Baden-Baden Nomos, 2007. http://d-nb.info/989457788/04.
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Knahr, Christina. "Participation of non-state actors in the dispute settlement system of the WTO: benefit or burden? /". Frankfurt am Main [u.a.] : Lang, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/525118349.pdf.
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Al, Saud T. "A comparison between the dispute settlement procedures in the International Court of Justice and the World Trade Organisation". Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/4477.
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The International Court of Justice (ICJ) came into being due to a perceived need for international judicial settlement, whereas the World Trade Organisation (WTO) was created for the purpose of specifically promoting international trade by reducing tariffs and other barriers to trade. Alternative structures for each institution are also considered, as is the older dispute settlement process of arbitration, by means of cases. It is a voluntary submission by both parties to a dispute, when they have agreed on the issues, but need external assistance to proceed further. As a type of judicial settlement, it is binding, can permit third party or non-state involvement, and is a precursor of international tribunals. In the WTO, one aim is to use cases to test conceptual points. The specific aspects of dispute settlement including the application of rules and procedures, and implementation and processes, will be discussed. The working procedures of the Appellate Body (AB) will be analysed in detail. Another aim is to compare with the ICJ, wherever possible. Legal concepts such as jurisdiction, judicial aspects of reasoning, the burden of proof, and the standard of proof will be discussed. The Appellate Body’s (AB’s) standard of review of panel recommendations and rulings will be analysed. Compliance and enforcement are compared between the two organisations. Economic and political considerations will also be touched on when relevant to this study. In the ICJ, the application of concepts such as judicial restraint and activism will be assessed, including the degree of inconsistency found in different cases. The implications of the different types of agreements between states that can lead to or have led to the ICJ’s jurisdiction will be examined, and the impacts assessed. The ambiguity involving provisional measures will be studied in detail. The ICJ’s relationship to the UN Security Council will also be assessed. The lack of monitoring or enforcement, and of no stated compliance timeframe are considered. The thesis will end with various future recommendations.
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Muzaka, Valbona. "In Sickness and in Wealth: Dealing with Intellectual Property Rights and Public Health at the World Trade Organisation". Thesis, University of Sheffield, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.489668.
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Despite being about wealth and about who owns and controls the new capital - knowledge the study of intellectual property rights has generally attracted little attention from students of contemporary global political economy. This study seeks to bring such study squarely within the field, by opening a window into the complex interactions and contests over intellectual property rules that continue to engage multiple players in various fora simultaneously. The outcomes of these contests are as yet unclear, but they certainly have the potential to alter the future shape mid direction of global economy, for better or for worse. We do not engage in speculations about such outcomes, but seek to point to the growing importance of the politics of intellectual property and trade rules. More specifically, this is a study on the 'how' and 'why' of the emergence of the current global intellectual property regime and the manner in which the interplay between global intellectual property and trade rules has played out in the area of global public health. We seek to offer a political economy approach to understanding and explaining the multifaceted contests between state and non-state actors that have been attempting to resolve the many tensions inherent in the intersection of these three issue-areas in ways which best satisfy their interests. However, this is but one area where actors and interests are clashing over intellectual property rules; our hope is that other studies will follow which will continue to shed light into these contests and help us better to understand how global (intellectual property) governance structures are made and remade over time.
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Ben, Slimane Mariem. "The participation of Arab members of the World Trade Organisation in the decision-making and dispute settlement systems". Thesis, City, University of London, 2019. http://openaccess.city.ac.uk/21853/.
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This thesis will look at the implications of multilateral, regional and bilateral trade agreements entered into by the countries of the Middle East and North Africa. The countries included in this study are those that are members of both the Arab League and the World Trade Organisation. The twelve countries looked at have joined the WTO as relatively recent members, and are also involved in a parallel effort to increase bilateral trade agreements. The outcome of this dual approach has been mixed. On the one hand, it has been permitted by Article XXIV of the GATT either as encouragement towards the fostering of regional trade which might in turn increase overall trade according to some authors, or as a more pragmatic measure aimed at minimising obstacles to potentially global membership of the WTO. This thesis will argue that increased trade links have been shown to increase trade volume as has been encouraged by Article XXIV of the GATT. On the basis of regime theory an increase in trade would be viewed as absolute gains, and Arab members of the WTO in order to reap the maximum benefit from their membership at the organisation in the form of absolute gains should increase their participation in the organisation, in conjunction with the pursuit of regional and bilateral trade agreements to the extent these do not conflict with each other and subsequently affect the positive benefits they might otherwise have presented. To date, only Egypt, Morocco, Qatar, Saudi Arabia, Bahrain, and the United Arab Emirates have been active participants in a WTO dispute as respondents. Qatar is the only Arab member of the WTO to have been a claimant. The reasons behind this lack of participation are multiple and range from a lack of financial means to enable any meaningful presence or active representation in the WTO, a reticence to engage in what is seen as a costly and highly specialised legal setting, a cultural reticence towards legal confrontation as a means to resolve disputes, and political and economic considerations that might make the MENA members of the WTO hesitant to become embroiled in a trade dispute that might result in undesirable consequences with important trade partners. There is further nuance, however, to add to the general observation that Arab WTO members are not actively participating in the organisation. There is evidence of some increased form of activity, essentially on part of the Gulf countries, as third parties to disputes. This pattern of behaviour could be significant if it marks a conscious approach to increasing participation in the WTO through observation prior to active participation in a relatively low risk manner. The new levels of activity could alternatively mark a policy of forming trade alliances through coalitions and supporting trade partners in their own disputes. There is also, however, more recent evidence of the participation of the Gulf countries in dispute settlement, but against one another which could be viewed in a positive light as an overall increase in participation, or in a negative light considering this might potentially annul any positive moves observed recently in terms of concerted action should this affect regional trade and consequently, the level of absolute gains achieved. With regards to decision-making, there is evidence of Arab country membership to various working parties, some quite active and influential. It is difficult, however, to determine exact levels of participation of the Arab countries within these working parties in the absence of freely available records of meetings for all these working parties. With regards to bilateral trade agreements, these have given rise to legal difficulties for the Arab members of the WTO as their numbers increase, leading to an already existent risk of clashing legal obligations. In addition, the lack of a coherent global approach to the negotiations of these extra regional agreements have proven problematic in light of the generalised imbalance of negotiation power between the MENA signatory and its often economically more influential trade partner. Regional trade agreements have overall lead to little increase in trade, with the exception of the Gulf Cooperation Council which despite past success appears threatened by mounting regional tensions. Whether regional trade, and nascent cooperation between Arab countries will be able to survive both within the WTO and outside the organisation is yet uncertain. What remains evident, however, is that an alternative to the previously individualistic approach to trade in the MENA region is preferable if these countries are to improve the flow of trade both with their regional and global trade partners, and that a concerted and long-sighted policy is necessary if the Arab members of the WTO are to adopt overlapping trade obligations so as to reap the benefits of WTO membership, in conjunction with regional and bilateral trade in the pursuit of absolute rather than relative gains.
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Kobayashi, Yuka. "China's Compliance with the Rules and Regulations of the World Trade Organisation - Case Study on the Telecommunications Sector". Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517195.
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Deane, Felicity Jane. "The Australian clean energy package and the law of the world trade organisation : an analysis of compliance issues". Thesis, Queensland University of Technology, 2013. https://eprints.qut.edu.au/61753/1/Felicity_Deane_Thesis.pdf.
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This thesis is a study of whether the Australian Clean Energy Package complies with the rules of the World Trade Organization. It examines the legal framework for the Australian carbon pricing mechanism and related arrangements, using World Trade Organization law as the framework for analysis. In doing so, this thesis deconstructs the Clean Energy Package by considering the legal properties of eligible emissions units, the assistance measures introduced by the Package and the liabilities created by the carbon pricing mechanism.
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Zhuawu, Collin. "Engaging Africa in a changing international political economy : Mauritius' activism and co-operation in the World Trade Organisation (WTO)". Thesis, University of Birmingham, 2013. http://etheses.bham.ac.uk//id/eprint/3978/.
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My thesis traces and assesses the engagement of Africa in the international political economy through examining Mauritian activism and co-operation in the World Trade Organization (WTO) negotiating and decision-making process. Using the illustrative case study of Mauritius I investigate the increased engagement of Africa in the international political economy beyond the political elite interests and client-patronage relationships. This is done by establishing that those Mauritian elites involved in trade policy-making and activism and co-operation in the WTO are constrained by the process of deliberation and negotiation with other societal actors, ensuring that they act in accordance (to an extent) with the wider societal aspirations/interests (whether intended or otherwise) and act to advance the development of Mauritius’ political economy within international political economy. Using the Strategic Relational Approach (SRA) I explain the centrality of human actors in exercising agency in relationship with both the domestic and international contexts in which they find themselves – contexts which are uneven and which also constrain their activities. This allows me to interrogate the marginalisation and engagement approaches in their explanation of Africa’s position in the international political economy as I highlight their interrelated structural and agential dimensions and in the process provide an alternative lens to explain Mauritius’ domestic policy-making processes and engagement in the international political economy. My adopted alternative approach allows the thesis to develop a more complex understanding of the engagement of African countries in the international political economy than is currently provided by pre-existing literature.
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Billiet, Stijn. "European integration and international politics : Commission-member state relations in the World Trade Organisation and selected multilateral environmental agreements". Thesis, London School of Economics and Political Science (University of London), 2007. http://etheses.lse.ac.uk/2713/.
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Traditionally, theories of European integration have focussed on the internal dynamics of this unique form of international cooperation. This also holds for the principal-agent approach, a newer and more sophisticated methodology. This thesis argues that this approach's frame of reference needs to be broadened in order to offer a more coherent framework since the European Community is becoming an increasingly active player on the international stage. Consequently, the inward-looking bias in integration theory needs to be overcome to come to a better understanding of the development of the external role and position of the Commission. Through the analysis of case studies, the study of primary and secondary sources and interviews with policy-makers, this thesis shows that the external institutional framework impacts on Commission-Member States relations, and thus on the process of European integration. Within the strong institutional framework of the World Trade Organisation, the Commission has more leeway vis-a-vis the Member States to gain influence and competences. Through its central role in the WTO's dispute settlement system, the Commission has managed to gain broader competences concerning trade- related aspects of intellectual property rights. Furthermore, the Commission is a firm proponent of the strengthening of the dispute settlement system. It is actively trying to incorporate new issues of mixed competence, like investment, within this strong institutional framework in the hope of improving its position. This is not restricted to trade-issues either. Also in international environmental agreements, the Commission tries to strengthen its position by pushing for stronger institutional provisions and for the incorporation of environmental concerns within the WTO framework. The interaction between the European and the international level, and its impact on Commission-Member State relations necessitate complementing the principal-agent approach to make it more outward-looking so that it can also be used to study the external aspects of European integration.
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Zùñiga, Schroder Humberto Angel. "Harmonisation, equivalence and mutual recognition of standards : an analysis from a trade law perspective". Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/4059.
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Standards are necessary for an efficient functioning of the market and their regulation is an increasingly important area of law. Such is their importance that today it is possible to find thousands of standards developed by international standardising bodies, governmental agencies and even private companies in products that range from SIM cards and medical devices, to the pasteurisation of milk and computer protocols. Reasons that justify their widespread use are not difficult to ascertain: they play, for example, an important role in the achievement of economies of scale in manufacturing and in the attainment of compatibility of products and processes. However, together with these positive effects, standards can also have discriminatory consequences for trading partners, especially in cases in which they are badly designed and applied (for example, when they are introduced with the real purpose of creating an artificial comparative advantage for domestic producers). Given the existence of these ambivalent effects, three different policy tools have been developed within the World Trade Organisation (WTO) legal regime, aimed at maximising the benefits derived from the use of standards: harmonisation, equivalence and mutual recognition. The present thesis investigates the way in which both the WTO Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS) Agreements regulate these three instruments, and also, the potential shortcomings of the system from a trade law perspective. For that purpose, it studies relevant legal provisions of both Agreements, WTO jurisprudence and guidelines issued by international standardising bodies, among other topics.
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Mlangeni, Thembekile. "The Mediating Role of the World Trade Organisation (WTO) Director General (DG) in Multilateral Trade Negotiations : the Case Study of the July 2008 WTO Ministerial Meeting". Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46067.
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This research assesses the mediating role of the Director General (DG) of the World Trade Organisation (WTO) as Chair of the Trade Negotiations Committee (TNC). The departure point of this paper is that the character of the position of the TNC Chairperson lends itself to a mediating role, a crucial feature that is often under-estimated. The paper looks at the precise features of the multilateral trade negotiations that qualify the DG as a mediator. The WTO is regarded as a Member driven organization consisting of 159 country members. The Chairs of various negotiating bodies within the WTO are expected to be impartial and objective, thereby ensuring transparency, inclusiveness in the consultative process and in decision making, while aiming to facilitate consensus.
The concepts of neutrality and partiality are analysed as determinants of failure or success in the exercise of the role of a mediator, in particular as this concerns the WTO negotiations. In this research I argue that poor conception of the mediatory aspect of this role is what has undermined progress in the negotiations. A literature review is offered in order to shed more light on the definition and meaning of the concepts of neutrality and impartiality as they relate to the role of the mediator. This also provides a contextual overview of the role of the WTO and the various actors that constitute it. I demonstrate here how these concepts can sometimes be used interchangeably and, more importantly, I highlight the misunderstanding in the application of these concepts in the field of mediation. The case study that this paper focuses on is the July 2008 WTO Ministerial Meeting, which also serves as the backdrop to advance an argument that the lack of impartiality of the “mediator” in these negotiations was responsible for the failure of the July 2008 WTO Ministerial meeting.
Since the July 2008 Ministerial Meeting was a milestone towards the conclusion of the Doha Development Round in Multilateral Trade Negotiations, the failure of this Ministerial Meeting has had serious implications for the successful conclusion of the Round or inability of members’ interests to find consensus.
The research concludes that although the mediator cannot be completely neutral, this position requires impartiality. This particularly applies with respect to the process and content of negotiations, while at the same time assisting to facilitate consensus among members of the WTO.Mini-dissertation (MDIPS)--University of Pretoria, 2014.
tm2015
Political Sciences
MDIPS
Unrestricted
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Zhou, Zhaofeng. "The impact of the World Trade Organisation on the formulation of the antimonopoly law of the People's Republic of China". Thesis, Connect to e-thesis, 2008. http://theses.gla.ac.uk/116/.
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Thesis (Ph.D.) - University of Glasgow, 2007.Ph.D. thesis submitted to the Faculty of Law, Business and Social Sciences, University of Glasgow, 2007. Includes bibliographical references. Print version also available.
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Eastland, Charnall Lynn. "South Africa’s utilisation of the world trade organisations instruments in the protection of the textile and poultry industries". University of the Western Cape, 2020. http://hdl.handle.net/11394/7649.
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Magister Legum - LLMThe World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the most-favoured-nation (MFN) obligation. This obligation requires WTO members, who grant certain favourable treatment to any given country, to grant that same favourable treatment to all other WTO members.2 However, there are several exceptions, three of which include: actions taken against dumping (selling at an unfairly low price); subsidies and special ‘countervailing’ duties to offset the subsidies; and emergency measures, to limit imports temporarily - thus designed to ‘safeguard’ domestic industries. These exceptions serve as remedies both against fair - and unfair trade practices. An example of remedies against fair trade practices are safeguards, and examples of remedies against unfair trade practices are dumping and countervailing duties. Anti-dumping actions are trade remedies/mechanisms available to members of the WTO in facilitating the protection of the industries under certain circumstances. The WTO agreement, which sets out the anti-dumping remedy, is the agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994), also known as the ‘Anti-dumping Agreement’.4 Article VI permits countries to take action against dumping and the ‘Anti-dumping Agreement’ clarifies and expands on Article VI. The two operate together. Dumping is viewed as price discrimination between the domestic and export markets and take place where the export price of a product is lower than the normal value of such product. The normal value is usually determined with reference to the domestic selling price in the exporting country. Adjustments have to be made to the normal value and export price for differences that affect prices at the time that such prices are set, including differences in terms and conditions of sale, taxations, levels of trade and quantities.
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Baino, Ginevra. "The private right to a remedy under public international law -- the law of the World Trade Organisation : a case-study". Thesis, University of Nottingham, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.446369.
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Luff, David. "Le droit de l'organisation mondiale du commerce : analyse critique /". Bruxelles : Bruylant [u.a.], 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/394214064.pdf.
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Turner, Angeline Biegler. "The WTO, tourism and small states : finding policy space to develop". Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/3057.
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The WTO, tourism and small states: finding policy space to develop This study examines whether the General Agreement on Services (GATS) provides the necessary policy space for small states to pursue their development agendas. Small states in this study are defined in power terms. But the study also focuses on small states in a property sense--those with few diversification options, making the services sector potentially an important avenue for economic growth and diversification. The study seeks to examine critically the parameters that GATS places on policy-making of small states--whether governments are limited to providing a competitive business environment, or if they retain sufficient policy space to shape the development of a sector. The study also looks at the interplay between international and domestic factors in development of policy. The tourism industries of Oman and Qatar provide case studies to examine these issues. Tourism has the potential to contribute to the economies of small states generally, but debate exists as to whether GATS leaves small states with sufficient space to influence the direction of this sector. The similarities between Oman and Qatar in both power and property terms allow for a comparative examination of whether small states can find meaningful policy space. In addition, their domestic dynamics provide insight into the interplay between domestic and international pressures on policy choices. The experiences of Oman and Qatar suggest that there remains some policy space for states to develop their tourism industries in a manner compatible with local aspirations. Governments thus have some scope to direct the shape of the tourism sector beyond merely providing a competitive business environment. But policy direction is influenced by capacity, past experiences and existing norms, and these differences can result in varying outcomes. Additionally, small states must decide their priorities in on-going WTO negotiations in order to maintain existing policy space.
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Wu, Yu. "The application of "the agreement on subsidy and countervaiing measures (ASCM)" of the World Trade organisation (WTO) to non-market economy (NME) of China". Thesis, University of Aberdeen, 2011. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=166170.
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The dissertation discusses the application of “Agreement on Subsidy and Countervailing Measures (ASCM)” of WTO to non-market economies (NMEs). The difficulties of application of ASCM to NMEs mainly lie in two basic questions. The first is how to separate the subsidy and government involvement in a NME. The second is how perfect the market has to be in order to qualify as a benchmark to calculate subsidy margins. By focusing on WTO rules and substantial WTO cases, this dissertation analyzes the difficulties in application of ASCM to NMEs from seven perspectives in legal practice. They are: (1) whether subsidies in public utility enterprises in China are actionable, because such subsidies as upstream subsidies pass benefits to export-oriented enterprises? (2) whether subsidies may continue after privatisation of state-owned companies? (3) whether the loans provided by state-owned banks in China are subsidies? (4) whether it is fair to evaluate the subsidies margins of the land use rights in China by using out-of-country benchmark? (5) tax-incentive subsidies in China; (6) the calculation of a subsidy margin in NMEs; and (7) whether currency manipulation constitutes a subsidy? The dissertation finds that the difficulties of application of ASCM to NMEs are due to a number of reasons. First, the deficiencies of ASCM cannot explain the application of ASCM to NMEs; second, if applicable to NMEs, there are difficulties in defining a subsidy in NMEs and in calculating a subsidy margin in NMEs; third, the non-unification of assessment of a NME results in unfairness to China which faces different standards of evaluating a NME. Even though China has been a market economy in some countries’ view, it is difficult to be recognised as a market economy by all countries.
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Abou, El Farag Balat Mohamed Salem. "Legal analysis of Egypt's implementation of the Trips Agreement against the background of intellectual property rights in the World Trade Organisation". Thesis, University of Manchester, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.494831.
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Aljarallah, Abdulaziz M. "Analysing the impact of the World Trade Organisation (WTO) on the sustainability of competitiveness of the petrochemical industry in Saudi Arabia". Thesis, Durham University, 2010. http://etheses.dur.ac.uk/303/.
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Saudi Arabia undertook measures to liberalize its economy in order to be a part of the WTO, which were carried out in a gradual manner long before the country was accepted as a member of the organization. The reform measures are still being implemented and the economy opening up to foreign investors. The WTO accession has enhanced the optimism of the investors towards the benefits that are expected to be achieved from this membership. The stock market has already responded to these changes through a positive signal and a higher level of foreign direct investment (FDI) is expected in the coming years. This flow of investment will provide an opportunity for diversification of the oil rich economy of Saudi Arabia. Saudi Arabia has been gradually growing into a centre for production of petrochemicals in the world. Owing to the competitive and none fluctuating price of natural gas, investments in olefins and derivatives have increased, which also bring high returns. The aim of this research, hence, is to analyse the impact of Saudi Arabia’s accession to the WTO on the petrochemical industry, and to analyse whether the competitiveness of the industry is sustainable under these new circumstances. In doing so, this study also analysis the strengths, weaknesses, opportunities and threats of the industry with the objective of identifying the competitive advantage of Saudi Arabian petrochemical industry by utilizing Porter’s model. The study also provides a discussion on the possible steps that the government might take towards establishing an economy conducive to foreign investment, competition for the growth of the petrochemicals industry. In responding to the aims and objectives of the study, both the qualitative and quantitative approaches were used. The qualitative analysis includes an analysis of expert opinions collected through elite interviews using semi-structured questionnaires. All these are structured to obtain the opinions of 20 participants regarding the trends and developments of the petrochemical industry and the related policies undertaken by the government. The quantitative analysis includes collecting secondary data for exports and imports of products of the industry along with relevant secondary data analysis of some of the leading petrochemical companies. The results of the analyses at various levels demonstrate that the petrochemicals industry has the potential to contribute to the gross output, diversification of the economy and the sources of earnings, and hence reducing the dependency on oil as the only source of income. In addition, the analysis shows that the industry has potential for the creation of jobs, new openings for investments in businesses, opening up the domestic markets towards certain new products and at the same time bringing down the reliance on imports. Furthermore, the qualitative analysis shows that government has already taken steps towards promotion and encouragement of FDI inflow in the industry but several other measures related to infrastructure and security factors need to be adopted. The nation already enjoys competitive advantages and benefits of location advantages apart from the cost advantage in oil extraction and petrochemicals production. Accession of Saudi Arabia to the WTO as a member country has opened the economy to the outside competition and the petrochemical industry was supposed to be getting the gains from trade and open economy. The global investors have demonstrated their optimism about investment in Saudi Arabia. The existing opportunities in the petrochemical sector will receive a boost apart from diversification of the oil-based economy. The country is gradually becoming a booming centre of petrochemical industry and the growth is exponential. Technological barriers are gradually broken and the industry is moving towards sustainable development. Owing to the competitive pricing of the natural gas sector and cheap availability of feedstock have made it a lucrative place for investment in petrochemical production. However, it will take some more years to realize the full benefit of the accession to the WTO as complementary sectors are also being developed. The membership has however opened the strengths as well as the weaknesses of Saudi’s petrochemical industry to the entire world. Thus, the membership brings on greater transparency, enabling easier and faster assessment and remedies.
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Adams, Gordon. "A critical analysis of the African Union’s self-financing mechanism". University of the Western Cape, 2019. http://hdl.handle.net/11394/6820.
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Magister Philosophiae - MPhilIn the process of describing the background to the problem, the author will in this section firstly, explain what the African Union (AU) has implemented, secondly, explain the relevant rules and regulations that need to be adhered to as World Trade Organisation (WTO) members and lastly, explain how the self-financing mechanism might be in contravention of the rules and regulations of the WTO required to be adhered to by all WTO Members.
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Majok, Daniel Bol. "Access to essential medicines in East Africa: A review of East Africa community and its member states approach to WTO-TRIPS public health flexibilities". University of the Western Cape, 2018. http://hdl.handle.net/11394/6202.
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When the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was
annexed to the Agreement Establishing the World Trade Organisation (WTO) in 1994, it set
minimum standards for intellectual property (IP) protection, including protection of patent
rights, that must be observed and enforced by all WTO Member States. On the one hand,
stringent Intellectual Property protection as seen innovation in the field of science where
medical innovation hasled to the creation of live saving vaccines which have reduced
prevalence of diseases, ranging from polio to the human Papillomavirus, and invention of
antiretroviral medicines which have greatly improved the lives of people living with the
Huma Immunodeficiency Virus (HIV). On the other hand, the fulfilment of the obligations
under TRIPS has generated a lot of controversy especially as they have been seen as the
cause of reduced access to essential medicines in developing countries.Magister Legum - LLM (Mercantile and Labour Law)
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Molnar, Krisztina. "Government Export Support in a Global Era". Thesis, The University of Sydney, 2008. http://hdl.handle.net/2123/2695.
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Globalisation in general and trade liberalisation in particular have impacted on many areas of industrialised governments’ foreign economic policy. Export support is an area which is inevitably affected by trade liberalisation, as governments are expected to decrease their intervention into exports in the name of barrier-free(er) trade. However, if one considers that the 1990s and 2000s have seen governments expanding their trade promotion agencies, increasing funding for export support provision and developing a range of new export support programmes, it is easy to recognise that government export support seems to have grown, rather than diminished over the past decade. This thesis investigates the complex influences of the world trade regime, to create a nuanced picture within globalisation theories - which ultimately explains the paradox of growing government support in the era of deepening trade liberalisation.
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Molnar, Krisztina. "Government Export Support in a Global Era". University of Sydney, 2008. http://hdl.handle.net/2123/2695.
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Doctor of Philosophy(PhD)Globalisation in general and trade liberalisation in particular have impacted on many areas of industrialised governments’ foreign economic policy. Export support is an area which is inevitably affected by trade liberalisation, as governments are expected to decrease their intervention into exports in the name of barrier-free(er) trade. However, if one considers that the 1990s and 2000s have seen governments expanding their trade promotion agencies, increasing funding for export support provision and developing a range of new export support programmes, it is easy to recognise that government export support seems to have grown, rather than diminished over the past decade. This thesis investigates the complex influences of the world trade regime, to create a nuanced picture within globalisation theories - which ultimately explains the paradox of growing government support in the era of deepening trade liberalisation.
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Li, Phoebe Hung. "Revisiting public health emergency in international law : a precautionary approach". Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6393.
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This work develops a means to encourage states to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) which promotes access to medicines in a public health emergency. In pursuing this solution, the precautionary approach (PA) and the structure of risk analysis have been adopted as a means to build a workable reading of TRIPS and to help states embody the flexibilities of intellectual property (IP). This work argues for a PA reading of TRIPS and that states have the precautionary entitlements to determine an appropriate level of health protection from the perspective of “State responsibility” in international law. A philosophical review is conducted followed by the examination of existing international legal instruments including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, the WHO International Health Regulations, the Codex Alimentarius, and the Cartagena Protocol on Biosafety. The PA has been found to have a pervasive influence on risk regulation in international law, yet the application is fraught with fragmentations in different legal regimes. In order to reach a harmonious interpretation and application of the PA in the WTO, the legal status of PAs of different WTO instruments have been analysed. Further, a comparative study on PAs in terms of legal status in the exemptions of the WTO and TRIPS obligations has been proposed. The political and moral basis for compulsory licencing in a public health emergency has been bolstered through the interpretation and the creation of legal status of the PA in WTO/TRIPS law.
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Gerlach, Carina. "The EU, the WTO and trade in services : power and negotiation in the international political economy". Thesis, Loughborough University, 2008. https://dspace.lboro.ac.uk/2134/10873.
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For the European Union (EU), the field of trade policy is a main field in which the EU can assert its actorness and build its identity as an international actor. This "superpower" potential arises out of the EU's extensive resource equipment in trade policy and is driven forward by the EU's significant economic interests. To what extent, however, the EU has been able to use its resources to shape the rules of the international trade regime according to its own preferences has remained questionable. This thesis investigates the question of the EU's impact on and power utilisation in the international trade regime by analysing the EU's changing involvement in World Trade Organisation (WTO) negotiations. Drawing from the theoretical concepts of the "international regime" and "power", the thesis proposes an approach centred on the possession, mobilisation and impact of actors' power in international regimes. In particular, the thesis proposes a framework centred on five key elements: specification of the regime, its qualities and focus; the resources or 'underlying power' that actors bring to the regime; the resources derived by actors from the operation of the regime itself, or 'organisationally dependent capabilities'; the manifestation or deployment of resources and strategies by actors in negotiations; and outcomes defined in terms of actors' power over the regime itself. After an examination of the broad context of the WTO's development and the EU's involvement in the international trade regime, this framework is then explored through a detailed study of the EU's involvement in the negotiations over trade in services that took place in the WTO between 1995 and 2005, using evidence from a wide range of documentary sources and from interviews. On the basis of this exploration of trade in services, the thesis finds that despite the EU's outstanding resources, the WTO negotiations have become too complex for the EU to decisively influence them due to a power shift in the international trade regime. The special nature of the trade in services negotiations makes these particularly unmanageable and they do not seem to present the EU with a setting for achieving its preferences. A lack of cooperation among the WTO members in favour of the negotiations has made progress in the negotiations very hard to realise for the EU. At the same time, the erosion of the EU's resources by the shifting attitude in civil society towards trade policy, and an apparent Jack of business support, has increased the challenge for the EU of managing the international trade regime. Questions are therefore raised about the extent to which the EU has responded to change, mobilised its resources effectively and had a consistent impact on the international trade regime since the mid-1990s.
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Thierry, Galani Tiemeni. "Small economies and their development in the Multilateral Trade System: Correlation between economic and political environment and trade performance of small economies". Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2129_1259749434.
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At the heart of this study is the topic of small economies in the Multilateral Trade System (MTS). The study examines the World Trade Organisation&rsquo
s (WTO) legal framework and policy objectives in order to develop a comprehensive definition of small economies as a group of WTO members with specific needs. Particular attention is given to the determination of the specific characteristics of small economies, as well as the issues and constraints they are facing in the MTS. The study explores solutions proposed in order to tackle the constraints to the effective integration of small economies in the MTS, with specific reference to the policy reasoning of small economies. More importantly, the study explores the impact of the size factor, which is certainly not only a burden on the growth and development perspectives of the considered entity, but which may also become an advantage and promotes the trade performance of a small economy. Hypotheses are then made relating to the relevance of the economic and political environments in the determination of a successful (or not) integration, and participation, of a small economy in the MTS. A crucial argument developed is that the differences observed between countries sharing similar characteristics of smallness, vulnerability and remoteness/landlockedness, illustrates the fact that what ultimately matters is the interplay of factors related to the economic and political environments, the effect of which is to promote or constrain (depending on the case) successful integration of the small economy in the MTS.
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Soukar, Louai. "Natural resources endowment, international trade and convergence". Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0160/document.
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Dans cette thèse, nous étudions l'effet de la répartition inégale des ressources naturelles entre les pays sur trois aspects principaux. Dans le premier chapitre, nous examinons empiriquement les effets asymétriques potentiels de l'adhésion à l'Organisation Mondiale du Commerce (OMC) entre les membres, en nous concentrant spécifiquement sur les pays en développement. Les résultats suggèrent que l'adhésion à l'OMC a contribué à l'augmentation des exportations de tous les pays, à l'exception des pays non-émergents riches en ressources. En revanche, les pays émergents riches en ressources sont les plus grands bénéficiaires de l'accession à l'OMC. Dans le deuxième chapitre, nous explorons empiriquement l'impact de la dotation en ressources naturelles sur les gains de six Accords Commerciaux Régionaux (ACR) entre les membres à travers trois axes : la complémentarité entre les pays, la diversification des pays riches en ressources ainsi que la création et le détournement des échanges. Nous concluons que la complémentarité entre les pays riches et les pays pauvres en ressources a été atteinte dans les accords de l’ECOWAS, du SADC et du CIS. Les résultats indiquent également que, dans tous les ACR, les pays riches en ressources ont accru leurs exportations hors secteurs des ressources naturelles et diversifié ainsi leurs structures d'exportation, en particulier avec les partenaires régionaux. En outre, dans la plupart des ACR, les pays pauvres ont accru leurs exportations vers leurs partenaires riches en ressources, tandis que ces derniers souffrent du détournement des échanges en termes d'importations. Dans le dernier chapitre, nous étudions l'impact de la dotation en ressources naturelles sur le processus de convergence entre les pays du PAFTA. Premièrement, les résultats démontrent que la sigma-convergence n'était observable qu'entre 1970 et 1990 dans les pays du PAFTA. De plus, l’estimation révèle que les ressources naturelles sont l'un des principaux déterminants de la convergence conditionnelle au sein du PAFTA. Par conséquent, l'asymétrie entre les pays en termes de dotation en ressources naturelles n'a pas empêché la convergence dans le PAFTA. L'analyse de la convergence des clubs a identifié trois principaux clubs parmi les pays du PAFTA. En outre, les facteurs qui ont déterminé la formation des clubs sont les ressources naturelles, la qualité des institutions et l'investissement. Par ailleurs, une abondance de ressources naturelles n'est pas suffisante pour être le meilleur club, mais doit être accompagnée d'institutions de qualitéIn this thesis, we examine the effect of the unequal distribution of natural resources between countries on three main aspects. In chapter one, we empirically examine potential asymmetric effects of the accession of the World Trade Organization (WTO) across members, focusing specifically on the developing countries. The results suggest that membership in the WTO contributed to greater exports for all countries, except for non-emerging resource-rich countries. In contrast, emerging resource-rich countries are the greatest beneficiaries from the accession of the WTO. In chapter two, we empirically explore the impact of natural resource endowments on the gains of six Regional Trade Agreements (RTA) across members through three axes: complementarity between countries, diversification of resource-rich countries, and trade creation and diversion. We conclude that the complementarity between resource-rich and resource-poor countries has been achieved in the ECOWAS, SADC and CIS agreements. The results also indicate that in all RTAs, the resource-rich countries increased exports in non-natural resource sectors and thereby diversified their export structures, especially with regional partners. Moreover, in most RTAs, poor countries boosted their exports to resources-rich partners, while resource-rich countries suffer from trade diversion in terms of imports. In the last chapter, we study the impact of natural resource endowments on the process of convergence among PAFTA countries. First, the results demonstrate that sigma-convergence was only observable between 1970-1990 among PAFTA countries. The estimation reveals that natural resources are one of the main determinants of conditional convergence within PAFTA. Therefore, the asymmetry between countries in terms of natural resource endowment did not impede the convergence in PAFTA. Club convergence analysis identify three main clubs among PAFTA countries. In addition, the factors that determined clubs’ formation are natural resources, quality of institutions, and investment. Further, an abundance of natural resources is alone not enough to be the best club, but must be accompanied by high-quality institutions