Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier (eds)
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.001.0001
- Subject:
- Economics and Finance, International
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential ...
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Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.Less
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.
Jagdish Bhagwati
- Published in print:
- 2008
- Published Online:
- October 2011
- ISBN:
- 9780195331653
- eISBN:
- 9780199851850
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331653.001.0001
- Subject:
- Economics and Finance, International
This book shines a critical light on preferential trade agreements (PTAs), revealing how the rapid spread of PTAs endangers the world trading system. Numbering by now well over 300, and rapidly ...
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This book shines a critical light on preferential trade agreements (PTAs), revealing how the rapid spread of PTAs endangers the world trading system. Numbering by now well over 300, and rapidly increasing, these preferential trade agreements, many taking the form of free trade agreements, have re-created the unhappy situation of the 1930s, when world trade was undermined by discriminatory practices. Whereas this was the result of protectionism in those days, ironically it is a result of misdirected pursuit of free trade via PTAs today. The world trading system is at risk again, the author argues, and the danger is palpable. Writing with his customary wit, panache and elegance, the author documents the growth of these PTAs, the reasons for their proliferation, and their deplorable consequences which include the near-destruction of the non-discrimination which was at the heart of the postwar trade architecture and its replacement by what he has called the spaghetti bowl of a maze of preferences. The author also documents how PTAs have undermined the prospects for multilateral freeing of trade, serving as stumbling blocks, instead of building blocks, for the objective of reaching multilateral free trade. In short, the author cogently demonstrates why PTAs are “Termites in the Trading System.”Less
This book shines a critical light on preferential trade agreements (PTAs), revealing how the rapid spread of PTAs endangers the world trading system. Numbering by now well over 300, and rapidly increasing, these preferential trade agreements, many taking the form of free trade agreements, have re-created the unhappy situation of the 1930s, when world trade was undermined by discriminatory practices. Whereas this was the result of protectionism in those days, ironically it is a result of misdirected pursuit of free trade via PTAs today. The world trading system is at risk again, the author argues, and the danger is palpable. Writing with his customary wit, panache and elegance, the author documents the growth of these PTAs, the reasons for their proliferation, and their deplorable consequences which include the near-destruction of the non-discrimination which was at the heart of the postwar trade architecture and its replacement by what he has called the spaghetti bowl of a maze of preferences. The author also documents how PTAs have undermined the prospects for multilateral freeing of trade, serving as stumbling blocks, instead of building blocks, for the objective of reaching multilateral free trade. In short, the author cogently demonstrates why PTAs are “Termites in the Trading System.”
Gautam Sen
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0006
- Subject:
- Political Science, International Relations and Politics
An examination is made of the relationship between the US and the General Agreement on Tariffs and Trade (GATT), and its successor, the World Trade Organization, addressing the crucial question of ...
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An examination is made of the relationship between the US and the General Agreement on Tariffs and Trade (GATT), and its successor, the World Trade Organization, addressing the crucial question of the likelihood that the US will exit, or through its behaviour undermine, the multilateral trade organization in favour of regional or bilateral alternatives. It is concluded that the probability of a US‐inspired weakening of the WTO is low, although the incentives for protectionism in the US are strong and growing as a result of globalization and the changing international division of labour. The US domestic political system gives voice to such protectionist interests in international trade policy through a set of administrative and legal remedies that are reinforced by principles such as reciprocity and ‘fair trade’. Countervailing factors to this situation include the growing power of US export interests, the effectiveness of the Executive in deflecting the protectionist tendencies in the US Congress, and the exceptional power and influence of the US over the multilateral regime, in which it is a rule maker rather than a rule taker, enjoying the power to bend the rules selectively to serve its interests. As such, the WTO tends to reflect and reinforce US economic interests, and the US is, therefore, likely to continue in overall terms its efforts to comply with and generally strengthen the multilateral organization, rather than to break away from it.Less
An examination is made of the relationship between the US and the General Agreement on Tariffs and Trade (GATT), and its successor, the World Trade Organization, addressing the crucial question of the likelihood that the US will exit, or through its behaviour undermine, the multilateral trade organization in favour of regional or bilateral alternatives. It is concluded that the probability of a US‐inspired weakening of the WTO is low, although the incentives for protectionism in the US are strong and growing as a result of globalization and the changing international division of labour. The US domestic political system gives voice to such protectionist interests in international trade policy through a set of administrative and legal remedies that are reinforced by principles such as reciprocity and ‘fair trade’. Countervailing factors to this situation include the growing power of US export interests, the effectiveness of the Executive in deflecting the protectionist tendencies in the US Congress, and the exceptional power and influence of the US over the multilateral regime, in which it is a rule maker rather than a rule taker, enjoying the power to bend the rules selectively to serve its interests. As such, the WTO tends to reflect and reinforce US economic interests, and the US is, therefore, likely to continue in overall terms its efforts to comply with and generally strengthen the multilateral organization, rather than to break away from it.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.003.0005
- Subject:
- Economics and Finance, International
Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few ...
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Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few thoughts on a range of economic and legal considerations arising from the way in which various agreements seek to determine and condition who gets to benefit from services trade and investment liberalization. It focuses on the practice of preferential and non-preferential services trade liberalization as found in various bilateral and regional trade and investment agreements as well as the World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS). It addresses a range of conceptual issues relating to services trade that impinge upon the design and implementation of rules of origin for services. The discussion draws attention to a number of salient characteristics of trade in services that limit the usefulness of concepts and approaches to origin developed in the context of trade in goods. Attention is also drawn to a number of economic considerations that should inform the design of rules of origin for services trade to minimize the potentially adverse effects of trade and investment diversion, and maximize the economy-wide gains in allocative efficiency that well-designed services liberalization can entail.Less
Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few thoughts on a range of economic and legal considerations arising from the way in which various agreements seek to determine and condition who gets to benefit from services trade and investment liberalization. It focuses on the practice of preferential and non-preferential services trade liberalization as found in various bilateral and regional trade and investment agreements as well as the World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS). It addresses a range of conceptual issues relating to services trade that impinge upon the design and implementation of rules of origin for services. The discussion draws attention to a number of salient characteristics of trade in services that limit the usefulness of concepts and approaches to origin developed in the context of trade in goods. Attention is also drawn to a number of economic considerations that should inform the design of rules of origin for services trade to minimize the potentially adverse effects of trade and investment diversion, and maximize the economy-wide gains in allocative efficiency that well-designed services liberalization can entail.
Kent Jones
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780195378825
- eISBN:
- 9780199852598
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378825.001.0001
- Subject:
- Economics and Finance, Economic Systems
The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with ...
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The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with issues such as terrorism. But as this book reveals, the World Trade Organization needs serious structural changes, not just political backbone. It shows for instance that the WTO—now with 153 members—has become increasingly unwieldy in terms of concluding trade agreements and he suggests that countries organize around specific platform positions, a strategy that would make the “holy grail” of consensus once again possible. The book also argues for financial support for poorer countries so that they can participate effectively in negotiations and it contends that the principle of the “single undertaking” (that “there is no agreement until everything is agreed”) has become a serious and perhaps crippling constraint, and must be modified.Less
The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with issues such as terrorism. But as this book reveals, the World Trade Organization needs serious structural changes, not just political backbone. It shows for instance that the WTO—now with 153 members—has become increasingly unwieldy in terms of concluding trade agreements and he suggests that countries organize around specific platform positions, a strategy that would make the “holy grail” of consensus once again possible. The book also argues for financial support for poorer countries so that they can participate effectively in negotiations and it contends that the principle of the “single undertaking” (that “there is no agreement until everything is agreed”) has become a serious and perhaps crippling constraint, and must be modified.
Michelle T. Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.001.0001
- Subject:
- Law, Public International Law
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of ...
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This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.Less
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.
C. Randall Henning and Sophie Meunier
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199283958
- eISBN:
- 9780191603297
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199283958.003.0004
- Subject:
- Political Science, European Union
In economic relations, the EU has the capacity to exercise a global role on par with the United States. Yet the EU is not always able to effectively defend its interests. While the EU has firmly ...
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In economic relations, the EU has the capacity to exercise a global role on par with the United States. Yet the EU is not always able to effectively defend its interests. While the EU has firmly established its role as a global player in trade, it has faced difficulties in acquiring such a role in money and finance. Institutional legacies best explain this uneven progress. EU trade policy-making is centralized, whereas centralization is incomplete in the area of money and finance. Power struggles among the various EU bodies and member-states hamper effectiveness.Less
In economic relations, the EU has the capacity to exercise a global role on par with the United States. Yet the EU is not always able to effectively defend its interests. While the EU has firmly established its role as a global player in trade, it has faced difficulties in acquiring such a role in money and finance. Institutional legacies best explain this uneven progress. EU trade policy-making is centralized, whereas centralization is incomplete in the area of money and finance. Power struggles among the various EU bodies and member-states hamper effectiveness.
Petros Mavroidis
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199552139
- eISBN:
- 9780191716591
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552139.001.0001
- Subject:
- Law, Public International Law
This book analyses the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history ...
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This book analyses the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history of the international trading system from the creation of the first GATT agreement in 1947 to the establishment of the World Trade Organization in 1994. The major substantive provisions of the GATT are then analysed alongside the other foundational trade agreements of the WTO, clarifying the economic rationale for the current legal framework. Throughout the book, it is maintained that the agreements themselves represent ‘incomplete contracts’, realized through interpretation by the WTO and other judicial bodies. A comprehensive analysis of the case-law is provided, where it is argued that a more rigorous theoretical approach is needed to ensure a greater coherence to the interpretation of the core provisions regulating trade in goods. The book presents an extension and elaboration of the author's views expressed in The General Agreement in Tariffs and Trade: A Commentary (OUP, 2005) to incorporate a general analysis of trade agreements.Less
This book analyses the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history of the international trading system from the creation of the first GATT agreement in 1947 to the establishment of the World Trade Organization in 1994. The major substantive provisions of the GATT are then analysed alongside the other foundational trade agreements of the WTO, clarifying the economic rationale for the current legal framework. Throughout the book, it is maintained that the agreements themselves represent ‘incomplete contracts’, realized through interpretation by the WTO and other judicial bodies. A comprehensive analysis of the case-law is provided, where it is argued that a more rigorous theoretical approach is needed to ensure a greater coherence to the interpretation of the core provisions regulating trade in goods. The book presents an extension and elaboration of the author's views expressed in The General Agreement in Tariffs and Trade: A Commentary (OUP, 2005) to incorporate a general analysis of trade agreements.
Edward C. Luck
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0002
- Subject:
- Political Science, International Relations and Politics
Considers how domestic political processes affect American behaviour in and towards multilateral organizations. The author first discusses the nature of American exceptionalism and looks at the ways ...
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Considers how domestic political processes affect American behaviour in and towards multilateral organizations. The author first discusses the nature of American exceptionalism and looks at the ways in which what he describes as a deeply ingrained sense of American exceptionalism coupled with pragmatism affects the country's approach to multilateral institutions. An examination is then made of the ups and downs of US policies towards UN over the course of the 1990s, the contrasting politics of the 1994 decision to join the newly created World Trade Organization (WTO), and US financial withholdings in the 1990s and the steps taken towards partial payment of the resulting arrears in 1999–2000. Far more positive attitudes are noted towards the WTO than the UN, the latter being perceived as a riskier venue for the promotion of US interests. It is concluded that, while the US is generally reluctant to defer to multilateral processes, it cannot be accused of being hostile to all forms of multilateral organization: it is pragmatic and peacekeeping case‐specific in its choice of foreign policy tools.Less
Considers how domestic political processes affect American behaviour in and towards multilateral organizations. The author first discusses the nature of American exceptionalism and looks at the ways in which what he describes as a deeply ingrained sense of American exceptionalism coupled with pragmatism affects the country's approach to multilateral institutions. An examination is then made of the ups and downs of US policies towards UN over the course of the 1990s, the contrasting politics of the 1994 decision to join the newly created World Trade Organization (WTO), and US financial withholdings in the 1990s and the steps taken towards partial payment of the resulting arrears in 1999–2000. Far more positive attitudes are noted towards the WTO than the UN, the latter being perceived as a riskier venue for the promotion of US interests. It is concluded that, while the US is generally reluctant to defer to multilateral processes, it cannot be accused of being hostile to all forms of multilateral organization: it is pragmatic and peacekeeping case‐specific in its choice of foreign policy tools.
Andrew Lang
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199592647
- eISBN:
- 9780191731396
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592647.001.0001
- Subject:
- Law, Public International Law
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World ...
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The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. This book provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that ‘neoliberal’ policy prescriptions were encoded into WTO law, the book argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of ‘inter-regime’ contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.Less
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. This book provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that ‘neoliberal’ policy prescriptions were encoded into WTO law, the book argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of ‘inter-regime’ contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
Carolyn Deere
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199550616
- eISBN:
- 9780191720284
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550616.001.0001
- Subject:
- Political Science, International Relations and Politics, Political Economy
In the 1990s, the fight between North and South over intellectual property (IP) reached new heights. The result was the World Trade Organization's (WTO's) deeply contested agreement on Trade‐Related ...
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In the 1990s, the fight between North and South over intellectual property (IP) reached new heights. The result was the World Trade Organization's (WTO's) deeply contested agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS). Widely resented by developing countries, TRIPS nonetheless permits them some hard‐won flexibility. Puzzling, however, is why some developing countries have used that flexibility and others have not. Even more curious is that despite securing some extra concessions, many of the poorest countries have made least use of them. For scholars of international political economy and law, this book is the first detailed exploration of the links between global IP politics and the implementation of IP reforms. It exposes how power politics occur not just within global trade talks but afterwards when countries implement agreements. For developing countries, TRIPS did not end the IP offensive. At the urging of lobbyists from large multinational companies, powerful countries backtracked on the flexibilities in TRIPS and pursued even stronger global IP rules. To prevent precedents for weaker IP standards in poorer countries, they issued threats to market access, aid, investment, and political alliances. Further, they used new trade deals and, more subtly, ‘capacity‐building’ (assisted by the World Intellectual Property Organization, among others) to leverage faster compliance and higher standards than TRIPS requires. Meanwhile, ‘pro‐development’ advocates from civil society, other UN agencies, and developing countries worked to counter ‘compliance‐plus’ pressures and defend the use of TRIPS flexibilities, sometimes with success. Within developing countries, most governments had little experience of IP law. They often deferred TRIPS implementation to IP offices cut‐off from trade politics and national policymaking, making them more vulnerable to the TRIPS‐plus agenda. In francophone Africa, regional IP arrangements magnified this effect.Less
In the 1990s, the fight between North and South over intellectual property (IP) reached new heights. The result was the World Trade Organization's (WTO's) deeply contested agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS). Widely resented by developing countries, TRIPS nonetheless permits them some hard‐won flexibility. Puzzling, however, is why some developing countries have used that flexibility and others have not. Even more curious is that despite securing some extra concessions, many of the poorest countries have made least use of them. For scholars of international political economy and law, this book is the first detailed exploration of the links between global IP politics and the implementation of IP reforms. It exposes how power politics occur not just within global trade talks but afterwards when countries implement agreements. For developing countries, TRIPS did not end the IP offensive. At the urging of lobbyists from large multinational companies, powerful countries backtracked on the flexibilities in TRIPS and pursued even stronger global IP rules. To prevent precedents for weaker IP standards in poorer countries, they issued threats to market access, aid, investment, and political alliances. Further, they used new trade deals and, more subtly, ‘capacity‐building’ (assisted by the World Intellectual Property Organization, among others) to leverage faster compliance and higher standards than TRIPS requires. Meanwhile, ‘pro‐development’ advocates from civil society, other UN agencies, and developing countries worked to counter ‘compliance‐plus’ pressures and defend the use of TRIPS flexibilities, sometimes with success. Within developing countries, most governments had little experience of IP law. They often deferred TRIPS implementation to IP offices cut‐off from trade politics and national policymaking, making them more vulnerable to the TRIPS‐plus agenda. In francophone Africa, regional IP arrangements magnified this effect.
Martin Khor
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199534081
- eISBN:
- 9780191714658
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199534081.003.0011
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter deals with trade policy and the world trading system from a development perspective, and concludes with proposals for making the global trading system more development-oriented, ...
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This chapter deals with trade policy and the world trading system from a development perspective, and concludes with proposals for making the global trading system more development-oriented, beginning with a re-orientation of the WTO. As trade is a means to development, not an end in itself, the Organization's policies should be judged not on whether they are ‘trade-distorting’ but whether they are ‘development-distorting’. Second, the WTO must make structural changes to compensate for the handicaps of developing countries in the WTO system; reciprocity among members with different capacities leads to unequal outcomes. Thirdly, developing countries need policy space, and must be allowed to consider national treatment, subsidies, and tariffs when these are development-inducing. Finally, the WTO should stick to trade issues — not intellectual property and other non-trade issues. Other agencies exist to handle other issues. With these changes, the WTO could better play its role in the design and maintenance of fair rules for trade, and thus contribute towards a balanced, predictable international trading system which is designed to produce and promote development.Less
This chapter deals with trade policy and the world trading system from a development perspective, and concludes with proposals for making the global trading system more development-oriented, beginning with a re-orientation of the WTO. As trade is a means to development, not an end in itself, the Organization's policies should be judged not on whether they are ‘trade-distorting’ but whether they are ‘development-distorting’. Second, the WTO must make structural changes to compensate for the handicaps of developing countries in the WTO system; reciprocity among members with different capacities leads to unequal outcomes. Thirdly, developing countries need policy space, and must be allowed to consider national treatment, subsidies, and tariffs when these are development-inducing. Finally, the WTO should stick to trade issues — not intellectual property and other non-trade issues. Other agencies exist to handle other issues. With these changes, the WTO could better play its role in the design and maintenance of fair rules for trade, and thus contribute towards a balanced, predictable international trading system which is designed to produce and promote development.
Kern Alexander, Rahul Dhumale, and John Eatwell
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195166989
- eISBN:
- 9780199783861
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166989.003.0005
- Subject:
- Economics and Finance, Financial Economics
This chapter assesses the current international legal framework that governs international monetary and financial relations. The international economic organizations with responsibility in these ...
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This chapter assesses the current international legal framework that governs international monetary and financial relations. The international economic organizations with responsibility in these areas are the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the World Trade Organization (WTO). The chapter also examines the two major regional trade agreements that govern cross-border trade in financial services and capital flows: the European Community's treaty regime and legislative framework and the North American Free Trade Agreement (NAFTA).Less
This chapter assesses the current international legal framework that governs international monetary and financial relations. The international economic organizations with responsibility in these areas are the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the World Trade Organization (WTO). The chapter also examines the two major regional trade agreements that govern cross-border trade in financial services and capital flows: the European Community's treaty regime and legislative framework and the North American Free Trade Agreement (NAFTA).
Douglas A. Irwin
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691150321
- eISBN:
- 9781400838394
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691150321.003.0005
- Subject:
- Economics and Finance, Economic History
This chapter assesses the aftermath and legacy of the Smoot–Hawley tariff. Smoot–Hawley gave congressional trade policy making a bad name that persists to this day. Those who enacted it promised ...
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This chapter assesses the aftermath and legacy of the Smoot–Hawley tariff. Smoot–Hawley gave congressional trade policy making a bad name that persists to this day. Those who enacted it promised economic growth and prosperity, but it was followed instead by plummeting exports and depression. The Tariff Act of 1930, the formal name of the Smoot–Hawley tariff, was the last general tariff revision undertaken by Congress. Four years later, Congress ushered in a new era of U.S. trade policy by delegating power to the president to negotiate agreements with other countries to reduce tariffs. This approach gave the United States its current system, embodied in the General Agreement on Tariffs and Trade and its successor, the World Trade Organization. Yet the lessons of Smoot–Hawley continue to be debated whenever trade policy issues rise to the top of the national agenda.Less
This chapter assesses the aftermath and legacy of the Smoot–Hawley tariff. Smoot–Hawley gave congressional trade policy making a bad name that persists to this day. Those who enacted it promised economic growth and prosperity, but it was followed instead by plummeting exports and depression. The Tariff Act of 1930, the formal name of the Smoot–Hawley tariff, was the last general tariff revision undertaken by Congress. Four years later, Congress ushered in a new era of U.S. trade policy by delegating power to the president to negotiate agreements with other countries to reduce tariffs. This approach gave the United States its current system, embodied in the General Agreement on Tariffs and Trade and its successor, the World Trade Organization. Yet the lessons of Smoot–Hawley continue to be debated whenever trade policy issues rise to the top of the national agenda.
Christina L. Davis
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691152752
- eISBN:
- 9781400842513
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691152752.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter examines the role of domestic political interests in the selection of U.S. cases for World Trade Organization (WTO) adjudication. It first considers how the United States has taken a ...
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This chapter examines the role of domestic political interests in the selection of U.S. cases for World Trade Organization (WTO) adjudication. It first considers how the United States has taken a lead role in the area of trade law enforcement before discussing how legislative constraints and interest group pressure operate in U.S. trade policy. The Kodak–Fuji WTO dispute between the United States and Japan is used to illustrate an example of politicized selection of a case for adjudication. The chapter also analyzes U.S. complaints about market access barriers by leading trade partners. By identifying potential trade disputes, it shows why some cases go forward to adjudication. It also explains how the WTO disputes served an important role in the executive strategy to manage domestic pressure from Congress for a more aggressive policy against China.Less
This chapter examines the role of domestic political interests in the selection of U.S. cases for World Trade Organization (WTO) adjudication. It first considers how the United States has taken a lead role in the area of trade law enforcement before discussing how legislative constraints and interest group pressure operate in U.S. trade policy. The Kodak–Fuji WTO dispute between the United States and Japan is used to illustrate an example of politicized selection of a case for adjudication. The chapter also analyzes U.S. complaints about market access barriers by leading trade partners. By identifying potential trade disputes, it shows why some cases go forward to adjudication. It also explains how the WTO disputes served an important role in the executive strategy to manage domestic pressure from Congress for a more aggressive policy against China.
Bernard M. Hoekman and Michel M. Kostecki
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198294313
- eISBN:
- 9780191596445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829431X.003.0002
- Subject:
- Economics and Finance, International
Chapter 1 makes up the first part of the book. It presents a brief historical overview of the evolution of the multilateral trading system and introduces the basic functions of the trade regime and ...
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Chapter 1 makes up the first part of the book. It presents a brief historical overview of the evolution of the multilateral trading system and introduces the basic functions of the trade regime and the challenges that confront it. The sections of the chapter are as follows: Trade and global integration; Trade and trade agreements in history; Functions of the multilateral trading system; From GATT (General Agreement on Tariffs and Trade) to WTO (World Trade Organization); and The challenge of global cooperation.Less
Chapter 1 makes up the first part of the book. It presents a brief historical overview of the evolution of the multilateral trading system and introduces the basic functions of the trade regime and the challenges that confront it. The sections of the chapter are as follows: Trade and global integration; Trade and trade agreements in history; Functions of the multilateral trading system; From GATT (General Agreement on Tariffs and Trade) to WTO (World Trade Organization); and The challenge of global cooperation.
Sarah Joseph
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199565894
- eISBN:
- 9780191728693
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565894.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these ...
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The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.Less
The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.
Geir Lundestad
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199266685
- eISBN:
- 9780191601057
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266689.003.0011
- Subject:
- Political Science, International Relations and Politics
Discusses the transatlantic drift (or split) that has occurred between the US and Western Europe since the election of George W. Bush in December 2000, and the attack on the World Trade Centre in New ...
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Discusses the transatlantic drift (or split) that has occurred between the US and Western Europe since the election of George W. Bush in December 2000, and the attack on the World Trade Centre in New York on 11 Sept 2001. The further tensions that have arisen since then over the Afghanistan and Iraq wars are discussed, as is the crisis over North Korea and the huge expansion in NATO and in the EU through the entry of Eastern European countries. The author presents speculations on the future of the American–Western European relationship, and forecasts an even further drift apart. This he bases on eight primary reasons, which he discusses in detail. These are: the Cold War is over; unilateralism is growing stronger in the US; the EU is slowly but steadily taking on an ever stronger role; out‐of‐area disputes are becoming increasingly frequent and they have been notoriously difficult to handle for the two sides of the Atlantic; redefinitions of leadership and burdens are always difficult to do; economic disputes are proliferating; even cultural disputes are becoming increasingly numerous; and finally, demographic changes are taking place, particularly on the American side of the Atlantic, that in the long run are likely to challenge the existing relationship.Less
Discusses the transatlantic drift (or split) that has occurred between the US and Western Europe since the election of George W. Bush in December 2000, and the attack on the World Trade Centre in New York on 11 Sept 2001. The further tensions that have arisen since then over the Afghanistan and Iraq wars are discussed, as is the crisis over North Korea and the huge expansion in NATO and in the EU through the entry of Eastern European countries. The author presents speculations on the future of the American–Western European relationship, and forecasts an even further drift apart. This he bases on eight primary reasons, which he discusses in detail. These are: the Cold War is over; unilateralism is growing stronger in the US; the EU is slowly but steadily taking on an ever stronger role; out‐of‐area disputes are becoming increasingly frequent and they have been notoriously difficult to handle for the two sides of the Atlantic; redefinitions of leadership and burdens are always difficult to do; economic disputes are proliferating; even cultural disputes are becoming increasingly numerous; and finally, demographic changes are taking place, particularly on the American side of the Atlantic, that in the long run are likely to challenge the existing relationship.
Sonia E. Rolland
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199600885
- eISBN:
- 9780191738364
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600885.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to ...
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This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to assess trade rules as part of the legal processes and institutions that produce them. A consideration of the development dimension at the WTO must account for the impact of the WTO as an institution on developing and least developed members. The book then seeks to open some paths for reconsidering the trade and development relationship at the WTO taking into account both the heritage of the trade regime and present dynamics. From a pragmatic perspective, this book provides a coherent and systematic analysis of the legal value, the implementation, and the adjudication of special and differential treatment rules for developing members at the WTO. From a theoretical perspective, it posits two paradigms to evaluate different regulatory approaches to trade and development: One where development is considered as a core normative constituent of the trade liberalizing mission of the WTO and one where development considerations are considered on an ad hoc basis. As a prescriptive analysis, it presents a menu of options towards a more functional balance of trade liberalization processes and the development imperatives of many WTO members.Less
This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to assess trade rules as part of the legal processes and institutions that produce them. A consideration of the development dimension at the WTO must account for the impact of the WTO as an institution on developing and least developed members. The book then seeks to open some paths for reconsidering the trade and development relationship at the WTO taking into account both the heritage of the trade regime and present dynamics. From a pragmatic perspective, this book provides a coherent and systematic analysis of the legal value, the implementation, and the adjudication of special and differential treatment rules for developing members at the WTO. From a theoretical perspective, it posits two paradigms to evaluate different regulatory approaches to trade and development: One where development is considered as a core normative constituent of the trade liberalizing mission of the WTO and one where development considerations are considered on an ad hoc basis. As a prescriptive analysis, it presents a menu of options towards a more functional balance of trade liberalization processes and the development imperatives of many WTO members.
Jonathan I. Israel
- Published in print:
- 1990
- Published Online:
- March 2012
- ISBN:
- 9780198211396
- eISBN:
- 9780191678196
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198211396.001.0001
- Subject:
- History, European Early Modern History, Economic History
Despite its small size and population, the Dutch Republic functioned as the hub of world trade, shipping, and finance for nearly two centuries. This is the first detailed account of that hegemony ...
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Despite its small size and population, the Dutch Republic functioned as the hub of world trade, shipping, and finance for nearly two centuries. This is the first detailed account of that hegemony from its sixteenth-century origins to the final collapse of the Dutch trading system in the eighteenth century.Less
Despite its small size and population, the Dutch Republic functioned as the hub of world trade, shipping, and finance for nearly two centuries. This is the first detailed account of that hegemony from its sixteenth-century origins to the final collapse of the Dutch trading system in the eighteenth century.
