Дисертації з теми "Multilateral Trading System (MTS)"

The thesis provides an analysis of multilateral trade lawmaking in the GATT and the WTO from the late 1940s to the current Doha Round negotiations. It investigates the discourses, practices, techniques, and legal concepts that have come to define what it means to make trade law. These elements are essential to multilateral trade lawmaking insofar as they provide trade negotiators with a way to frame their arguments and to go about negotiating, and with the tools to construct trade policy disciplines and to record them in legal form. On the other hand, they are also limiting, in that they endorse certain ways of going about trade lawmaking as normal, and delimit what negotiators and their audiences perceive as reasonable, legitimate, and realistic arguments in the lawmaking process. The aim of the thesis is to destabilise these elements of trade lawmaking by revealing their contingent and often contested origins, and by showing how they foreclose alternative conceptions of the objectives, means, and possibilities of trade lawmaking. While the dissertation does not provide a full-fledged normative critique of the elements of lawmaking, it attempts to elucidate the discursive, practical, technical, and legal underpinnings of trade lawmaking that any such reform effort will, of necessity, confront.

Cette thèse examine l'influence du système de commerce multilatéral sur l'évolution du droit des brevets dans les pays en voie de développement sur la période de 1990 à 2005. Elle analyse les développements économiques associés à ces reformes. Les rapports sont évalués utilisant principalement des techniques économétriques qui permettent de discerner les coïncidences mais pas la causalité. La contribution principale de cette thèse est : i) d'identifier des concepts pertinents de la littérature théorique actuelle concernant les doits de propriété intellectuelle et le fonctionnement des marchés et ii) de tester empiriquement une série d'hypothèses sur l’existence d'influences internationales sur les réformes du doit des brevets dans les pays en développement ainsi que sur une influence de ces réformes aux certains développements économiques. Le premier chapitre montre la validité de l'hypothèse que les réformes du droit de propriété intellectuelle internationale, combinée avec les intérêts industriels, ont influencé significativement l'évolution des institutions en charge du droit des brevets dans les pays en développement. Le deuxième chapitre confirme l’existence d'une relation positive entre les réformes du droit des brevets et les indicateurs des flux économiques internationaux tels que les importations, les investissements directs étrangers et les brevets d’origine étrangère. Le troisième chapitre soutien l'hypothèse que les réformes du droit des brevets sont couraillées avec des indicateurs d’innovation
This dissertation examines the possible influence of the multilateral trading system on the evolution of patent rights in developing countries during the period from 1990 to 2005 and associated developments with respect to international economic flows and domestic innovation in those countries. The relationships are assessed primarily using regression analysis techniques, which permit discernment of association but not causality. A variety of data, aggregate at the national level, are employed covering a broad sample of countries including developing countries, least developed countries and, for comparison, OECD countries. The main contribution of the dissertation is to identify and relevant insights from existing theoretical work and to test empirically a set of hypotheses concerning a positive relationship of international influences on patent reform in developing countries and a positive relationship of that reform to certain economic developments. Chapter one finds support for the hypothesis that international intellectual property rights reforms, operating in combination with industrial interests, have significantly influenced the evolution of patent rights institutions in developing countries during the study period. Chapter two presents evidence of a positive relationship between patent right reforms and selected international economic indicators including imports and foreign direct investment. Chapter three finds support for the hypothesis that patent rights reforms were positively associated with certain innovation-related indicators during the study period

This Thesis has been dedicated to examining the search of 'Fairness' for developing countries within the multilateral trade system of GATIIWTO, accentuating a central inquest into the institutional role played by the GATI/WTO in facilitating the attainment of such an objective. Developing countries, despite being a group of homogeneous interests, are treated as a whole, vis-a-vis the positions of the industrialised countries in participating into the multilateral trading system ofGATIIWTO. 'Fairness' for developing countries in the context ofGATIIWTO bears the specific meaning of providing them with 'equitable' treatment in the distribution of benefits, as compared with those accorded to industrial countries. It is the main point of this thesis to argue that developing countries, in light of their urgent needs for development but relatively weaker power in participating into the GATT/WTO, are entitled to purposeful arrangements to help them obtain an equitable share of the benefits within the multilateral trading system of GATT/WTO. In following the efforts and progresses made by developing countries during this process, a dilemma facing the pursuits of the 'fairness' treatment of developing countries was exposed, as the institutional legal power of the GATI/WTO appears to be flawed and constrained in overseeing the faithful conversion of the achieved principles and commitments into action. The reasons rest with dominance ofthe political and pragmatic forces over the multilateral trading system of GATI/WTO and that industrial countries lack the commitments to honour this normative objective. Such a finding will provide the ultimate understanding based on which developing countries will continue to pursue their 'fairness' interests in the multilateral trading system of the WTO.

Magister Legum - LLM
This research is based on the premise that the BRICS group is a movement directed at the rebalancing power and wealth that may put an end to the domination of developed countries in the multilateral trading system. In order to effectively explore the role of BRICS in the further development of the multilateral trading system, this research poses the following questions: 1- What is the legal and institutional framework of the BRICS group and how does this framework relate to the objectives of BRICS group? 2- What is the interaction between the WTO and BRICS countries in the multilateral trading system? 3- What is the position of BRICS countries in the decision making process in the multilateral trading system? This research assesses the rise of the BRICS group, in relation to the participation of developing countries within the WTO. It presents some aspects regarding the challenges and complications that developing countries face in their participation in the multilateral trading system. The research further seeks to explore if this participation allows for more democratic development of the current multilateral trading system.

The purpose of this paper was to examine the impact that the proliferation of regional trade agreements have had on the Multilateral Trading System and whether by allowing regional trade agreements under the World Trade Organization rules, the members of the World Trade Organization have not unwittingly weakened the multilateral trading system. It also examined the effect the proliferation of regional trade agreements have had on the special and deferential treatment for developing countries within the system.

O objetivo geral desta pesquisa é analisar a atuação do Brasil em comércio exterior durante os anos de 2003 a 2013. Considera-se que neste período o país tem feito uso de medidas protecionistas com o objetivo de elevar a competitividade dos bens brasileiros. Este fato fica mais evidente a partir de 2011, com o lançamento do Plano Brasil Maior, dentro do qual as medidas de defesa comercial passam a integrar diretrizes oficiais do governo, em conjunto com perfurações tarifárias e aumentos de tarifas à importação. Além disso, outros programas, integrantes da política industrial e de comércio exterior, apresentam forte conteúdo nacionalista. Por outro lado, o fraco desempenho do setor industrial evidencia que, apesar do protecionismo, a indústria doméstica não consegue se restabelecer como setor dinâmico da economia. Nesse contexto, é possível afirmar que políticas comerciais que visam a combater processos de desindustrialização são paradoxais com as regras multilaterais? Para responder a esta pergunta, a análise foi dividida em dois artigos científicos. Primeiramente, é apresentada uma revisão bibliográfica sobre o tema da desindustrialização, para entender a evolução do conceito e a maneira como ele é trabalhado pelos principais autores nacionais e estrangeiros. O artigo busca incluir a política comercial, enquanto instrumento macroeconômico, nesta análise, ressaltando o seu papel nos resultados comerciais. Já o segundo artigo traz dados empíricos, a partir do levantamento das resoluções da CAMEX no período 2003-2013, com o objetivo de mapear o protecionismo da política comercial brasileira e entender se tais medidas servem ao propósito de exercer uma força contrária ao processo de desindustrialização.
The overall objective of this research is to analyze Brazilian performance in international trade from 2003 to 2013. During this period, Brazil has made use of protectionist measures in order to raise the competitiveness of its goods. It is more evident from 2011, with the launch of the \"Greater Brazil Plan\", within which the trade defense measures became part of the governmental guidelines, along with import tariff rate increases and perforations of Mercosul\'s Common External Tariff. In addition, there are other programs, within both trade and industrial policies, which present strong nationalist content. On the other hand, the low performance of the industrial sector shows that, despite the use of protectionist measures, the domestic industry could not be stablished, as a dynamic sector of the economy. In this context, is it possible to state that trade policies, which aim to fight de-industrialization are paradoxical with multilateral trade rules? To answer to this question, firstly, we present a review of the literature on the topic of de-industrialization, focusing on the definition of the concept, as well as how the main authors have used it. The article aims to include trade policy in the analysis, by highlighting its role in trade results, while a macroeconomic instrument. The second article provides empirical data from the survey of CAMEX resolutions during the years of 2003 to 2013, in order to map the protectionism content of Brazilian trade policy and to understand whether such measures serve to the purpose of exerting a counterforce to de deindustrialization process.

The paradigm shift engaged by countries in SADC and COMESA, such as Malawi, from the use of import substitution policies which were aimed at protecting their infant industries, to export led growth strategies, necessitated these developing countries to liberalise their economies. The liberalisation of these economies meant that, for them to attain development, they needed to trade more on the international market. However, with underdeveloped industries and a lack of local entrepreneurs who could provide export supplies to fill the void created by the liberalisation policies, developing countries had to look beyond their borders for investors. In pursuit of this objective, governments have been devising ways of attracting foreign direct investment which can stimulate export growth. One of the methods employed is the granting of investment incentives to would-be investors. Unlike developed countries who provide investment incentives in the form of financial incentives, developing countries grant fiscal incentives. These are incentives that reduce tax burdens of enterprises to induce them to invest in particular projects or sectors. One of the mediums of providing the incentives adopted by the developing countries is the use of EPZ schemes. EPZs provide incentives such as exemptions of direct and indirect taxes to companies that operate in the zones. However, being Members of the WTO and SADC and/or COMESA, these countries are bound by obligations regulating trade and investment as found in these Agreements. The expectation is that the fiscal incentives employed in the EPZs do not grant subsidies that are prohibited under the SCM Agreement and rules regulating subsidies in SADC and COMESA. In addition, even though the use of EPZs is not expressly proscribed under the SADC Protocol on Trade, it may be against the objectives of the Protocol - one of which is the pursuance of the inter-jurisdictional goal of cooperation in attainment of free trade among its members. Therefore, this study assesses whether the use of EPZs by some countries in the two RTAs (particularly Malawi) is in tandem with the subsidies regulation as found in the multilateral trading system and at regional level. It also assesses whether, if there is a breach of the same, it might be justified as part of the special and differential treatment accorded to developing countries by developed countries under the WTO. The study further assesses whether the use of EPZs might be against the spirit and objects of FTAs such as SADC.

Human rights advocates have expressed their concern about the marginalisation of human rights principles and the actual or potential human rights implications of WTO agreements. The international economic law and human rights law have been developed as two parallel regimes, yet trade and economics have been at the centre of most developing agendas in modern time. There has been a persistent desire to achieve a universal multilateral trading system by both Global North and Global South. The Agenda 2030 is not an exception to emphasise the importance of such a trading system as one of its targets calls for a ‘universal, rules-based, open, non-discriminatory, and equitable multilateral trading system’. Furthermore, the desired multilateral trading system is presumed to facilitate other development goals of the Agenda. Although peoples’ living standards are increasing worldwide, substantial inequalities remain between and within countries. If we only focus on legal rights and freedoms, people may live on the verge of an adequate standard of living and are thus not able to improve one’s well-being beyond that and lead the life one has reason to value. Hence, this study aims to go beyond the legislative protection of human rights by applying Amartya Sen’s capability approach which focuses on the ethical notion of human rights. Additionally, the approach focuses on the expansion of peoples’ capabilities and freedoms to achieve what one value doing and being. If a universal multilateral trading system is assumed to be beneficial for trade, economy, and to achieve development goals, will the outcomes of such system be beneficial for all peoples’ capabilities to lead the lives they have reason to value? The main findings of this study suggest that the political economy of world trade facilitates a subordination of countries in which some are benefitted, while others are stuck with the production of goods associated with low wages and unhealthy work conditions. This may affect the distribution of intergenerational equity and sustainability, affecting capabilities of many generations to come. One significant conclusion of this study is that legislative protection of human rights is not enough to target detrimental structures and to ensure everyone the kind of life and living standards one has reason to value.

This research paper pays particular attention to the EAC because of its unique composition of four LDCs46 and 1 DC47 and the fact that three of these countries are landlocked least developed countries (LLDCs).48 The EAC was notified as a RTA to the WTO under the Enabling Clause on 9 October 2000 and registered as a Custom Union49 under WT/COMTD/N/14.50 The notification of the EAC under the Enabling Clause is due to the nature of composition of members therein and to the fact that the Enabling Clause does not require regional trading arrangements to cover substantially all trade, or to achieve free trade in the bloc within ten years after notification. Additionally, it provides an avenue for giving special consideration to the LDCs through making concessions and contributions,51 allows automatic exemptions from MFN (non-discrimination) treatment in favour of DCs,52 and thus allows other WTO members to accord more favourable treatment to DCs in many cases without according the same treatment to other WTO members.53.

The main goal of this thesis is to describe and analyze activities of the World trade organization. The thesis is divided into four chapters, which are related to the WTO. The first chapter decribes the multilateral trading system. The second chapter focuses on the trade policy and its tools. The third chapter summarises activities of the GATT and WTO from its foundation to the present. The last chapter is devoted to the European Union in the WTO.

Magister Philosophiae - MPhil
The problem that this Research Paper is aiming to examine is whether the Bali Agreement has successfully impacted on the consensus pitfalls and the Doha Round stalemate as shown in the background to the study.
National Bursary and Grants Agency (ANBG)

A presente tese se propõe a responder a seguinte questão: É correto afirmar que o regionalismo desenvolvimentista sul-americano, implantado ao longo do século XX, e o novo regionalismo desenvolvimentista, implantado ao longo da primeira década do século XXI, são compatíveis com as regras do sistema multilateral de comércio? Em outras palavras, as organizações de integração regional da América do Sul têm balizado as suas políticas desenvolvimentistas no policy space decorrente das prerrogativas jurídicas para o desenvolvimento do sistema multilateral de comércio? Para tratar o refrido tema, parte-se da premissa que os países da América do Sul historicamente sempre fizeram uso das prerrogativas jurídicas para o desenvolvimento, desde que tais surgiram no sistema multilateral de comércio, e possibilitaram a implantação de políticas no plano nacional e regional. Ao longo da tese, é analisada, desde uma perspectiva jurídica, a compatibilidade com as regras do sistema multilateral de comércio dos principais aspectos desenvolvimentistas das organizações de integração regional criadas na América do Sul, desde a ALALC, em 1960, até a UNASUL, em 2008. Concluiu-se que tanto o velho quanto o novo regionalismo desenvolvimentista da América do Sul foram levados adiante em concordância com o direito internacional do comércio, seja ao longo do período GATT, seja ao longo do período OMC. Mesmo com a redução de policy space decorrente da entrada em vigor dos acordos da OMC, a América do Sul vislumbrou manter um relativamente alto nível de espaço político (policy space) para a criação de políticas públicas de desenvolvimento. Atualmente, percebe-se uma tendência das organizações de integração regional da América do Sul, especialmente da UNASUL e do MERCOSUL, de levar adiante políticas públicas em torno de temas não-regulados pela OMC, o que caracterizaria uma estratégia OMC-extra. O novo regionalismo desenvolvimentista sul-americano está finalmente se constituindo para além do policy space do sistema multilateral de comércio, o que, por não configurar, a priori, uma incompatibilidade dos processos de integração com as regras da OMC, contribui para fortalecer o primado do direito internacional na América do Sul.
This thesis aims to answer the following question: Can it be said that the South American developmental regionalism, carried out throughout the twentieth century, and the new developmental regionalism, implemented during the first decade of this century, are compatible with the rules of multilateral trading system? In other words, have the regional integration organizations in South America based their developmental policies in the policy space resulting from the developmental legal prerogatives of the multilateral trading system? To treat such theme, we start from the premise that the countries of South America have historically made use of legal rights for development, since these arose in the multilateral trading system, and enabled the implementation of policies at the national and regional levels. From a legal perspective, the thesis analyses the compatibility of the main developmental aspects of regional integration organizations created in South America since the LAFTA in 1960 to UNASUR, in 2008 with the rules of the multilateral trading system. It was concluded that both the old and the new developmental regionalism in South America were brought forward in accordance with international trade law, either through the GATT period, either during the WTO period. Even with the reduction of policy space resulting from the entry into force of the WTO agreements, South America managed to maintain a relatively high level of policy space for the creation of developmental public policies. Currently, there is a perceived trend of regional integration organizations in South America, especially the MERCOSUR and UNASUR, to carry out public policies on topics unregulated by the WTO, which would characterize a strategy WTO-extra. The new South American developmental regionalism is finally going beyond the policy space of the multilateral trading system, which, by not setting a priori incompatibility of the integration processes with WTO rules, contributes to strengthen the rule of international law in South America.

Magister Legum - LLM
Sugar, bananas, beef and cotton are some of the few products, which are the primary commodities in many African, Caribbean and Pacific countries (ACP).2 Many are highly vulnerable small islands, landlocked and least developed states,' thus rendering the above-mentioned sectors, of great importance to their economies." In these countries, for instance, the sugar producers often provide housing, health care, education and other benefits.i

Orienté vers le libre-échange, le droit de l’Organisation Mondiale du Commerce est basé sur plusieurs principes fondamentaux : la non-discrimination, la réciprocité et la réduction progressive des obstacles au commerce. Il existe des mécanismes répondant à l’impératif d’adaptabilité nécessaires aux membres pour faire face à des situations exceptionnelles afin d’intégrer de la souplesse dans l’application du droit de l’OMC et de déroger aux principes et règles régissant le commerce international. Cela vaut aussi bien en période de crise qu’indépendamment de l’environnement économique général, dès lors que les conditions sont réunies pour que les membres les mettent en œuvre. La crise économique de 2008 a fait craindre un recours accru, voire abusif, à ces instruments d’exception, de dérogation, de sauvegarde, ce qui signifierait un retour à des pratiques protectionnistes. La réflexion sur l’utilisation de ces outils permet la mise en évidence des instruments proposés par le droit de l'OMC pour faire face à des situations qui nécessitent un frein au libre-échange. Elle précise également les pratiques des Membres, la logique générale de ces mécanismes de flexibilité et l’équilibre entre les principes orientés vers le libre-échange et les exceptions qui supposent des restrictions au commerce. Les questions qui se posent doivent conduire à étudier l’ensemble de ces instruments de flexibilité, l’articulation entre ces instruments et ceux des autres organisations internationales en lien avec l’OMC, le rôle du juge de l’OMC dans les différends liés à l’utilisation de ces mécanismes et les perspectives d’évolution ou de réformes des instruments de flexibilité du droit de l’OMC
Oriented toward free trade, the World Trade Organization law is based on several fundamental principles: non-discrimination, reciprocity and the gradual reduction of trade barriers. There are mechanisms that respond to the need for adaptability necessary for Members to deal with exceptional situations in order to incorporate flexibility in the application of WTO law and depart from the principles and rules governing international trade. This applies both in times of crisis, and irrespective of the general economic environment, as soon as the conditions seem to require Members to implement them. The economic crisis of 2008 has raised fears of increased use or abuse of these instruments of exception, derogation (waivers), or safeguard, all of them constituting actions that would mean a return to protectionist practices. Reflection on the use of these tools allows the identification of instruments proposed by the WTO law to deal with crisis and more generally to situations that require a barrier to free trade. But beyond that, it specifies the practices of Members in the use of these tools, the general logic of these mechanisms for flexibility and the balance between the free-trade oriented principles and the exceptions that involve restrictions on trade. The questions then raised should lead to consider all of these instruments of flexibility, the articulation between these instruments and those of other international organizations in connection with the WTO, the judge's role in WTO disputes related to the use of these mechanisms, and the prospects of change or reform of flexibility instruments WTO law

Como produto da prática mercantil, a cláusula da nação mais favorecida (CNMF) é um fenômeno jurídico complexo. Enquanto sua estrutura variante não é passível de padronização, por se adaptar às necessidades da sociedade internacional em cada momento histórico, seu núcleo funcional permanece imutável. Na ordem econômica internacional, a descentralização do poder político provoca desconfianças nos agentes econômicos, resultando em um permanente estado de guarda e competitividade predatória. Para assegurar maior estabilidade às expectativas normativas, os Estados celebram tratados, a fim de alterar tais percepções, conferindo durabilidade às relações econômicas internacionais. Resultado da configuração contemporânea da governança econômica internacional, a Organização Mundial do Comércio (OMC) simboliza a consolidação das expectativas normativas dos atores internacionais em torno do sistema multilateral de comércio (SMC). A OMC tem a função de consolidar o SMC, garantindo a posição de autoridade para corrigir as numerosas lacunas e antinomias jurídicas e reforçar a eficácia social, mediante a atuação de seu Órgão de Solução de Controvérsias (OSC). O SMC é um ordenamento jurídico, com lógica própria e princípios e regras específicos, que disciplina o mercado globalizado, cuja origem remonta à celebração do Acordo Geral sobre Tarifas e Comércio (GATT) em 1947. Prevista no artigo I:1 do GATT, a CNMF positiva o princípio da não discriminação, tendo por finalidade sistêmica desempenhar um papel dinâmico e integrado, ao: (i) assegurar transparência e dispersão de conhecimento; (ii) promover a cooperação internacional, a fim de eliminar ou reduzir, reciprocamente, as barreiras às trocas comerciais; (iii) vedar as práticas e instrumentos discriminatórios e protecionistas, tendo por função estender, automática, multilateral e incondicionalmente, as vantagens concedidas; e (iv) conservar as expectativas normativas, mediante a incorporação dos compromissos negociados ao SMC. Contudo, a proliferação de acordos preferenciais de comércio e de medidas protecionistas e discriminatórias pelos Estados-membros tem ameaçado o SMC de desautorização. Por recorrerem a exceções válidas à CNMF, esses fenômenos permitem a formação de relações discriminatórias e protecionistas, o que impacta negativamente as expectativas normativas dos agentes econômicos, ameaçando a função unificadora de sentido da CNMF, cujo resultado é a erosão da ideia de livre-mercado mundial. As reiteradas quebras de expectativas implicam problemas de coesão e eficácia normativa ao SMC, os quais são denominados desafios sistêmicos. Com efeito, o SMC sofre um processo de desestruturação, causado pela tensionada interação das dimensões ideacional e fática. Isso exige um controle de legalidade e de licitude dos atos jurídicos e das práticas dos Estados-membros. Em face desses desafios sistêmicos, a dissertação verifica se o artigo I:1 permanece como regra determinante para a decidibilidade do OSC. Para responder adequadamente, empregam-se os métodos analítico, hermenêutico e argumentativo, com um enfoque essencialmente dogmático, dentro de um ângulo crítico zetético. Ao fim da investigação, constata-se que a CNMF vem se consolidando como regra determinante para a construção do discurso jurídico-decisório pelo OSC. A confirmação jurisprudencial da imperatividade e da eficácia normativa do artigo I:1 reverbera reflexamente sobre os desafios sistêmicos, tendo o poderoso efeito de simbolizar a preferibilidade da incidência da CNMF sobre as relações econômicas internacionais.
As a product of commercial practice, the most-favored-nation clause (\"MFN\") is a complex legal phenomenon. While its variable structure is not subject to standardization, since it adapts to the needs of international society in each historical moment, its functional core remains unchanged. In the international economic order, the decentralization of political power leads to distrust of the economic agents, resulting in a permanent state of awareness and predatory competition. To ensure greater stability to the normative expectations, States enter into treaties in order to change such perceptions, providing durability to international economic relations. Result of the contemporary configuration of international economic governance, the World Trade Organization (\"WTO\") symbolizes the consolidation of the normative expectations of international actors around the multilateral trading system (\"MTS\"). The WTO has the mission of consolidating the MTS, ensuring a position of authority to correct the many shortcomings and antinomies of law and strengthen the social effectiveness through its Dispute Settlement Body (\"DSB\"). The MTS is a legal system, with its own logic and specific principles and rules, which regulates the globalized market, and has its origins in the General Agreement on Tariffs and Trade (GATT) in 1947. Set forth in Article I:1 of the GATT, the MFN establishes the principle of non-discrimination and has the systemic purpose of playing an integrated and dynamic role as it: (i) ensures transparency and dissemination of knowl edge,(ii) promotes international cooperation, by eliminating or reducing reciprocal barriers to trade, (iii) deters discriminatory and protectionist practices and instruments, being its function to extend, automatically, multilaterally and unconditionally, the benefits provided, and (iv) maintains the normative expectations, through the incorporation of negotiated concessions to the MTS. However, the proliferation of preferential trade agreements and protectionist and discriminatory measures by the member states has threatened the MTS of disempowerment. By resorting to MFNs valid exceptions, these phenomena allow the formation of discriminatory and protectionist relationships, which negatively impacts the normative expectations of economic agents, and threatening the harmonizing function of MFN; the result of which is the erosion of the global free market idea. Repeated breaches of expectations result in problems of cohesion and normative effectiveness of the MTS, which are called systemic challenges. Indeed, the MTS undergoes a process of disintegration, caused by the tensioned interaction of ideational and factual dimensions. This requires a control of legality and legitimacy of legal acts and practices of the member States. Given these systemic challenges, the dissertation verifies if Article I:1 remains the rule for determining the decidability of the DSB. In order to properly answer that, analytical, hermeneutic and argumentative methods are employed, with a primarily dogmatic focus, within a zetetic critical angle. By the end of the investigation, its stated that the MFN is becoming the consolidated rule for determining the construction of the legal and decision making discourse of the DSB. The confirmation from case law of the imperative nature and of the normative effectiveness of Article I:1 reverberates reflexively on the systemic challenges, having the powerful effect of symbolizing the desirability of MFN impact on international economic relations.

This diploma thesis aims to set a complex view on the current process of multilateral trade agreements under the World Trade Organization and point out the direction of DOHA negotiations. The emphasis is put on the Tenth Ministerial Conference, which took place in Nairobi in December 2015. Stances and demands of the WTO member are analysed step by step. The thesis considers threats that possibly come from plurilateral, bilateral and regional agreements and evaluate a potential risk for the multilateral trading system. For this purpose, the thesis is divided into four chapters. First chapter examine theoretical introduction to WTO and particularly to Development Doha Agenda, which is important for subsequent understanding of actual issues. Second part analyses in detail the negotiations in main negotiating parts of DDA before and after a summer break. Following chapter fluently continues with analyse of the progress after summer break and points out some current questions about preparations for MC10 and expectations. Space is also given to the MC10 and its outcomes. Finally, the last chapter gives a thought to future scenarios concerning function of the WTO.

A comunidade internacional tem se convencido sobre a seriedade da mudança climática e a necessidade de respostas urgentes para combatê-la. No entanto, a ausência de um regime universal com metas para os principais poluidores faz com que cada país adote ações individuais de maneira descoordenada. Esse descompasso levanta preocupações sobre possíveis impactos para a competitividade e a eficácia dos esforços dos países com políticas climáticas mais ambiciosas. Com o escopo de neutralizar tais ameaças, desponta a alternativa de adoção de ajustes de carbono na fronteira para equalizar os encargos ambientais entre a indústria doméstica e as importações. Nesse contexto, a presente tese defende a criação de disciplinas internacionais para orientar o uso de ajustes de carbono em sintonia com os valores do livre comércio e da preservação do clima. Recomenda-se que as negociações internacionais sejam lideradas pelas Nações Unidas, na moldura do regime climático, porém, em estreito diálogo e cooperação com a Organização Mundial do Comércio (OMC). A partir da análise de possíveis cenários, o trabalho expressa preferência por disciplinas multilaterais. Reconhece-se, contudo, méritos em arranjos intermediários, como os instrumentos setoriais. Por fim, indica-se um roteiro sobre os principais aspectos da aplicação dos ajustes de carbono que mereceriam apreciação em plano internacional.
The international community has acknowledged the need for urgent responses to address climate change. However, in the absence of a global agreement setting binding targets for all major polluters, countries pursue individual actions in an uncoordinated fashion. Such a situation raises concerns on competitiveness impacts and on the environmental effectiveness of climate policies of most countries, especially those leading the way. As a solution to level the playing field vis-à-vis international competitors, countries evaluate the use of border carbon adjustments. Against this background, this analysis supports the design of international disciplines to guide the use of border carbon adjustments in line with the goals of free trade and climate protection. It argues that the United Nations should lead those negotiations in the framework of the climate regime, in close dialogue and cooperation with the World Trade Organization (WTO). Based on an analysis of multiple scenarios, this essay favours the adoption of multilateral disciplines. It recognizes, however, advantages in alternative approaches such as sectorial agreements. Finally, it proposes a roadmap on key aspects concerning the use of border carbon adjustments that merit consideration in the international arena.

Eradicating hunger and meeting food security expectations remain global goals. In the multilateral trading system (MTS) they can only be met through cooperation among countries in the form of international trade. Yet a number of trade-related incidents have eroded confidence in the capacity of the MTS to address food security issues. The research question here is “How can global food security challenges be addressed in a MTS?” The main focus is on the role of the World Trade Organization (WTO), but the research also covers its interaction with other organisations and the context in which it operates, that is, the MTS. The study covers four topics: • What is food security? • Does the WTO have a mandate and the capability to contribute to food security? • What policy measures are used to address food security issues and are they effective? • What significant changes in the context of the debate complicate or ease the quest for a consensus on how to respond to food security challenges? The method used was to collect information on the views of delegates, researchers and officials, by an online survey and from interviews, and to analyse the data using different tools. Views on “What is food security?” were grouped according to combinations of ‘orientations’ and ‘dimensions’. The former refers to a focus on people, trade or resources. The latter refers to availability, accessibility, stability and utilisation. Views on the nature of food security, while apparently showing a systematic variation by the frequency of responses, were not found to differ significantly in statistical terms over the development levels of the respondents’ countries. Lack of progress on food security issues in the WTO is therefore not caused primarily by a lack of a common understanding of the concept. A majority view was that the WTO mandate on food security is limited, although the less developed economies supported the counterview. Respondents also confirmed that WTO rules are inadequate in addressing food security issues. Lack of policy space was an issue for the least-developed and developing countries; inadequacy in disciplining trade-distortive measures was also a concern for the developing, developed and research/official groups; and lack of transparency was especially undesirable for the developed and least-developed countries. Import/export restrictions and subsidies (including domestic support) are widely used policy instruments for food security goals, despite their trade-distortive aspects. However, respondents had mixed views about the effectiveness of these policies, especially in the context of the inadequacy of rules to discipline them. The lack of case law through the dispute settlement system is compounding that issue. The food crisis of 2006–2008 raised the profile of food security but other dynamics have made it difficult to reach a consensus for change. These include greater diversity in the interests of the developing group as a whole, the shift in the negotiating positions of emerging developing countries, and protectionist concerns related to the increase in green box spending. For all these reasons – the uncertainty about the WTO’s mandate, the inadequacy of its rules and the diversity within the developing economy group – negotiations that are relevant to food security have been hindered and little progress has been made. The MTS could contribute to food security, but resolving these issues is the next step to doing so.
Thesis (Ph.D.) -- University of Adelaide, Institute for International Trade, 2017.

碩士
國立臺灣大學
法律學研究所
100
The World Trade Organization (WTO) has held many rounds of negotiations evolving around regional trade agreements- the purpose is to set out clear rules on regional, multilateral and free trade agreements within the WTO framework. During this period, the increase in the establishment of international enterprises has made countries dependent on one another’s products, as a result causing imbalance in tariff reductions. In order to prevent scandals and protect investors, the importance of regional trade agreement has become prominent since countries who sign often share similar culture, background and interest. Is regional trade agreement (RTA) a stumbling block or building block to the multilateral trading system? This question has long been discussed among international writers and experts. In recent years, the Trans-Pacific Partnership Agreement (TPP) has become widely interpreted as the new generation of RTA, the importance of its implication to the multilateral trade system has caught the attention of both developed and developing countries. The initial participants in the TPP negotiations include ten APEC members from four different regions in the Asia Pacific: East Asia (Brunei, Malaysia, Singapore, Vietnam, Japan); Oceania (Australia, New Zealand); Latin America (Chile, Peru); and North America (United States). The agreement include core issues traditionally included in trade agreements, including industrial goods, agriculture, and textiles as well as rules on intellectual property, technical barriers to trade, labor and environment. The TPP seeks to represent a new kind of trade agreement, one that serves as a platform for other nations to join in to and that addresses both tariff and non-tariff barriers to set a standard by which countries can conduct true, market-based trade. The TPP is perceived as a pathway towards developing a comprehensive FTAAP. In Chapter 1, the thesis will review different stages of the development of regionalism, including regionalism from the 1950s to 1980s; regionalism since the 1990s and the new generation of regionalism. In Chapter 2, the initiation of TPP and the different stages of negotiations from various perspectives will be discussed. Key questions that will be covered include the factor that has prompted other states like the United States to join this agreement and the aspect that these member countries see in the TPP that gives them confidence for building a future together. In Chapter 3, the substantive issue on state-owned enterprises will be identified for more in-depth discussions. In Chapter 4, the thesis will focus on the new standards of TPP for intellectual property protection to promote an environment for innovation. These substantive issues are important because a) some comprehensive high standards will be set, b) they will become an example for developed countries to require other developing countries to follow high standards, c) they will create a better environment for the geographically widely covered TPP region. The thesis will also look into the implication of TPP to WTO from the wide geographical coverage. In Chapter 5, the thesis will discuss the stumbling block and building effects of TPP to the multilateral trading system. From the perspective that it is an exception to WTO, it can be seen as a stumbling block. From the perspective that there will be new and higher substantive standards, it can be seen as a building block because they might have positive affect to the future negotiation of WTO. The final section of this thesis is a summary and concluding remark in Chapter 6.

Magister Legum - LLM
The provisions of the General Agreement on Tariffs and Trade (GATT 1994) generally give favourable consideration to developing and least developed countries.1 Firstly, at the core of these provisions is the principle of special and differential treatment of these countries. As such developing countries are to meet their obligations under the WTO agreements as and when the special needs of their economies permit. The GATT 1994 provisions exempt least developed countries from participating in the obligations under the WTO agreements until such a time that they attain a reasonable level of development.Secondly, the Ministerial Meeting in Doha in November 2001 adopted a development agenda (that described capacity building activities as “core elements of the development dimension of the multilateral trading system”) and called for more co-ordinated delivery of trade related technical assistance and capacity building.2 In this regard, developed members of the WTO have committed to provide technical assistance to developing and least developed members in order to build their capacity to participate effectively under the WTO.The reality of the situation on the ground is that developing and least developed countries still face a lot of challenges which hinder their full participation and realization of the benefits under the multilateral trading system. It must be appreciated, at the same time that developing countries like China and India have been active and influential in the multilateral trading system, and additionally, their economies have and are experiencing overt growth. What lessons does Africa need to learn from China and India?This study examines the causes of the poor performance of Sub Saharan Africa’s developing and Least Developed Countries in the multilateral trading system. In this regard, examples are drawn from two countries, namely, Kenya and Zambia.Further, the study examines the initiatives the WTO provides to enhance the trade capacity of its developing and least developed members. In addition, the study examines African trade capacity building initiatives such the New Partnership for Africa’s Development (NEPAD) and the African Capacity Building Foundation (ACBF) Initiatives, as well as the African Growth and Opportunity Act (AGOA) Initiative in order to establish how these initiatives can assist in enhancing the trade capacity of developing and least developed countries.The study further examines the role of regional trade integration in enhancing the trade capacity building of developing and least developed countries. In this case, examples are drawn from the Southern Africa Development Community (SADC) and the Common Market for Eastern and Southern Africa-Developing Countries (COMESA). In this regard, the study concludes that fully-fledged regional integration has the potential to promote economic growth and industrial development in Africa.The study also demonstrates the importance of the participation of governments and the private sector in improving a country’s participation in the multilateral trading system. This study particularly takes key interest in the crucial role of the public-private partnerships in enhancing competitive forces and competitiveness necessary to maximize trade opportunities, which in turn produces economic development.It is observed and concluded in this study that sustainably financed technical assistance and capacity building programmes have important roles to play in so far as integration of Sub Saharan Africa into the global trading system is concerned; and that developing countries in general and LDCs in particular are to be provided with enhanced Trade-Related Technical Assistance (TRTA) and capacity building to increase their effective participation in the negotiations, to facilitate their implementation of GATT/WTO rules and to enable them adjust and diversify their economies.

This is a mapping of WTO members‟ obligations under TRIPs against the national laws of Vietnam implementing those obligations. Vietnam has produced comprehensive substantive laws harmonizing its intellectual property laws with the intellectual property laws of the international community. These substantive laws are complemented by procedural laws also required by TRIPs for the enforcement of intellectual property rights. The analysis focuses on how flexibilities within the obligations under TRIPs have been exercised by Vietnam to adapt those obligations to meet its own circumstances as a developing country. It seeks to frame the flexibilities within the wider context of the problems of law, sometimes overlooked in transplant of law analysis, including the ambiguity of language, conflicting rules of interpretation, lack of comprehensiveness, unpredictable technological and social change, and the limitations on law and policy makers including lack of knowledge and experience and conflicts between them over policies which are not resolved in the legal text. These are exacerbated where law is transposed from other national legal systems, through international law, into ones with differences in traditions and culture such as Vietnam. Its agricultural, Confucian, Buddhist and socialist heritage neither valued nor saw the products of human creativity as individually owned property. Vietnam has not always chosen to use the flexibilities within TRIPs to make laws appropriate to its economic and social situation. The generality of its national law creates ambiguities and gaps making it difficult for administrators and judges to apply in the absence of further administrative regulation or guidance on its implementation. The failure to fill these gaps reflects the reality that although the law is comprehensive Vietnamese law and policy makers are not sufficiently familiar with policies relating such laws to levels of development or with their practical application.