...said that the WTO dispute settlement system provides an opportunity for developing countries to challenge trade measures taken by developed countries. This essay is an evaluation of whether the above statement reflects the reality of what happens in the dispute settlement system. Introduction The TRIPS Agreement There must be few people that disagree that there are benefits from engaging in trade. Trade across borders has occurred since the early part of human history, and international trading has developed from countries trading within their own borders. The WTO system can be argued not to be a free trade model but as a practical commercial arrangement between member nations. The World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT) have been enormously successful over the last 50 years at reducing tariff and other trade barriers among an ever increasing number of countries. If numbers of member nations are an indication of success then the WTO can be considered to be very successful. Crowley (2003) comments that GATT the predecessor to the WTO began in 1947 with only 23 members; Statistics from the website of the WTO show that on the 27th July 2007 the membership of the WTO comprised 151 countries. Several differences between GATT and the WTO can be noted. The first development is the rise of the importance of developing countries within the WTO. The issue of development is not new in either the GATT or the WTO, but it has been...
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... | |Eighth Session | | |Geneva, 15 - 17 December 2011 | | EIGHTH Ministerial Conference CHAIRMAN'S CONCLUDING STATEMENT My statement is in two parts. The first part represents Elements for Political Guidance which emerged from the preparatory process. These Elements were the subject of consensus in the General Council. They were circulated in document WT/MIN(11)/W/2. As the General Council Chairman has already assured Members, I wish to reiterate that nothing in this text re-interprets or changes any WTO rules or agreements or prejudices any Member's...
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...is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without the prior written consent of the author. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. 2 Abstract This dissertation analyses the problem of how to create more just and democratic global governing institutions, exploring the approach of a more formal system of collective decision-making by the three main actors in global society: governments, civil society and the business sector. The thesis seeks to make a contribution by presenting for discussion an addition to the system of international governance that is morally justified and potentially practicable, referred to as ‘Collective Management’. The thesis focuses on the role of civil society, analysing arguments for and against a role for civil society that goes beyond ‘soft power’ to inclusion as voting members in inter-governmental decision-making structures in the United Nations (UN) system, the Bretton Woods institutions, the World Trade Organisation...
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...China and its Reactions to Globalization Xuewu Gu The accession of China to the World Trade Organization (WTO) in November 2001 marked one of the most important steps of the Chinese government towards deepening the integration of the Chinese economy into the world economy and therewith going more deeply into the globalization. This development, however, does not mean that the issue of globalization is not controversial in China. Indeed, the fifteen years since 1986 in which China actually underwent a tremendous negotiation process with the WTO, as well as with its members, have been accompanied by an intense domestic debate about the sense and the meaning of globalization. Even through today, the Chinese membership in the WTO is certainly not inevitable; the globalization debate in China continues, reflecting the fact that the Chinese feel strongly challenged by globalization and are trying to search for ways to deal effectively with it. This paper regards it as its main task to examine systematically the Chinese reactions to globalization. To achieve this goal, the analysis will focus on three questions. Firstly, it will find out the general understanding of globalization by the Chinese elite. The term “general understanding” means in this sense the understanding which most Chinese scholars and politicians seem to share regardless of whether he or she is “pro-globalization” or “anti-globalization”. Secondly, it will try to identify the main strains of the Chinese debate on globalization...
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...Introduction The World Trade Organization (WTO) was established January 1, 1995. Before WTO’s inception it was known as the General Agreement on Tariffs and Trade (GATT). However, GATT was not treaty, therefore “the provisions of GATT were binding only insofar as they are not inconsistent with a nation’s existing legislation” (Aaronson, n.d.). Many proponents of labor sometimes consider the WTO a very controversial organization. Many labor advocates feel that free trade has a negative impact on employment and the economy here in the United States. According the WTO website, “The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. Mission and Goal The mission of the WTO is to help producers of goods and services, exporters, and importers conduct their business. What does all that really mean in plain English, the main function of the WTO is to ensure that trade flows as smoothly, predictably and freely as possible. Structure and Architecture The WTO is comprised of several different councils and committees that make up its structure. Here are a list of the councils, and committees along with some of the responsibilities of each unit. The descriptions below are courtesy of 3.1 Structure of the World Trade Organization, Handbook. * The Ministerial Conference...
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...Faisalabad ABSTRACT Under the WTO regime it was expected that both the developing and developed nations will benefit from the opening up of the markets in these countries. But uptil now the developing countries are at the suffering end. So theses were being encouraged to explore the regional markets and make some regional free trade areas. The countries of SAARC had decided to sign the SAFTA. Question arises that will it be a support to the economies of these countries? The general perception is that the countries with higher comparative advantage will out weigh rest of the countries. It is further being envisaged incase of SAFTA that there are three possible ways of the workability of it which are; pessimistic, optimistic and moderate. Different empirical evidences and theoretical perceptions are that the current political atmosphere in the region is supportive to the pessimistic outcome of SAFTA. INTRODUCTION The World Trade Organization (WTO) has been established with an aim to enhance international trade with the help of lower trade barriers and providing a forum to negotiate trade and business with agreed upon principles of the trading system. The WTO principles allow a free trading system with no discrimination against foreign products or services. The provision is also there that one country can not provide special treatment to a particular trading partner while other member countries are not given such privilege. Principles of the WTO aim to lower trade barriers to facilitate...
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...1. Introduction The World Trade Organisation (WTO) was formally made in January of 1995, and essentially supplanted the General Agreement on Tariffs and Trade (GATT), which had been in power subsequent to 1948, a couple of years after the Second World War (Study.com, 2015). The WTO is a multilateral establishment charged with directing rules for exchange among 145 official member countries. The United States and different members partaking in the Uruguay Round of Multilateral Trade Negotiations (1986-1994) required the arrangement of the WTO to encapsulate the new trade disciplines received amid those transactions (Wto.org,. 2015). This essay will firstly evaluate the roles of the WTO and then the challenges the World Trade Organisation face in the world economy and these how challenges are addressed. 2. The Role of the WTO in the Global Economy The World Trade Organisation exists to encourage the implementation, administration and operation, and additionally to facilitate the goals of the WTO agreements (Ruttley, P., Macvay, I. & George, C., 1998). Beyond this general purpose, the WTO has four particular functions. Firstly, to provide a meeting for arrangements among its members concerning their multilateral trade cognations in matters dealt with the accedences in the Annexes of the Marrakech Agreement for both current matters and any future understandings. The WTO may withal provide a forum for further negotiations among its members concerning their multilateral...
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...Current situation analysis after China’s accession to WTO Introduction Since the reform and opening-up policy operated in China in 1978, China has already experienced a process of economic development and international trade improvement. In the early 1980s, China had tried to take several steps to end its economic isolation condition. After that, accompanying with the accession to WTO, China had received a new tide of development no matter in the field of economy or world trade. It has no doubt that China’s accession into WTO would bring about tremendous changes in China’s economic performance. Known as “World Trade Organization”, WTO is one of the most important international economic organizations and also a platform for ideas’ negotiation among different countries. Currently WTO has 159 members and is regarded as the "Economic United Nations”. China has joined the World Trade Organization as the 143rd member of it. From then on, China has made a significant economic improvement in foreign and international trade area, whereas, it also has brought some problems underlying the surface economy boom. And as some experts’ sayings, the disadvantages are far more than the advantages that WTO has brought along these 12 years’ development based on the analysis on the current economic environment, which has also been a challenge to China’s economy and future development from my point of view. The benefits that WTO has brought into China As some experts’ saying, China’s accession...
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...Frequency on Class: Method and Criteria of Assessment: 100% Coursework (5000 words) Essay Submission Deadline is 4pm, Wednesday 27 November 2013 Topics: Please choose one area listed below and discuss its recent development in the context of China. You will need to narrow down your focus and set your own essay topic. 1. 2. 3. 4. 5. Non-market Economies in the WTO Energy Industry and the WTO Environment and the WTO Commentary on one WTO case involving China Self-selected topic upon approval (You are most welcome to decide a topic yourself. Once you decide to do so, however, you need to submit your topic and an one-paragraph abstract before 4pm 31 October. ) Module Aims: To give the students a broad knowledge of the multilateral trading system and China’s interaction with that system through focusing on several key sectoral topics. The module will also reinforce and extend the student’s knowledge of the business environment in China gained from other modules. Nottingham University Business School China WTO Module Outline 2 Summary of Content: The course will cover all of the primary WTO agreements, and address some of the more recent issues arising in public debates...
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...The Three Views and WTO Globalization has extended the opportunities available for economic growth leading to extensive lobbying amongst world financial institutions. The high influence of exchange rates has also extensively affected business transactions. The price of commodities, air fare tariffs, foreign exchange levels and export and import licenses have been affected across world markets. The World Bank, major banking institutions, World Trade Organization and UN agencies have converged to control the world markets from various levels due their extensive consultations and economic persuasions on vital financial matters. The economic control by these organizations has also lead to political and social influences amongst various nations across the world. Most countries’ sovereignty has been weakened especially amongst third world countries has they depend on financial support from these organizations for their financial stability (Gregory, 2000). The three main economic principles, economic liberalism, nationalism and structuralism can be used to analyze the functioning design and operation of WTO. Let us look at each of these perspectives and how they can be used to explain design of WTO: Economic liberalism, a principle that supports laissez faire economics also greatly values private property in production. It analyses the specific institution that produce a certain commodity e.g. wine production in Italy. The principle refutes the intervention of governments in...
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...World Trade Organisation History At the United Nations conference held at Geneva in 1947, twenty three countries including United States of America signed General Agreement on Tariffs and Trade (GATT). During the same year, a charter was put on the table for setting up, within the United Nations Organisation, of a new agency to be called International Trade Organisation (ITO). Fifty nations signed the charter in Havana the following year, but it was never subsequently ratified by the required number of countries. The purpose of the agreement was to promote international trade free of barriers in the aftermath of World War II, and to draw up proposals for the implementation of policies based on those principles set in the agreement. It covered all the issues like tariffs, quotas, taxes, international commodity agreements and whatever was considered to have a bearing on the development of international trade, and was based on policies of non-discrimination and tariff reductions. GATT has been expanded and updated through a series of multi-year conferences. The most famous have been the Kennedy Round (1963-1967), the Tokyo Round (1973-1979), and the Uruguay Round (1986-1994). The Uruguay Round ended with the decision to dissolve GATT and establish the more powerful and more institutionalised World Trade Organization (WTO) in 1995. The WTO replaced GATT as an international organization, but the General Agreement still exists as the WTO’s umbrella treaty for trade in goods. Trade...
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...Lecture 5 - World Trade Organisation What is the WTO? The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business. Who we are | Location: Geneva, Switzerland Established: 1 January 1995 Created by: Uruguay Round negotiations (1986-94) Membership: 157 countries on 24 August 2012 Budget: 196 million Swiss francs for 2011 Secretariat staff: 640 Head: Pascal Lamy (Director-General)Functions: • Administering WTO trade agreements • Forum for trade negotiations • Handling trade disputes • Monitoring national trade policies • Technical assistance and training for developing countries • Cooperation with other international organizations | | There are a number of ways of looking at the World Trade Organization. It is an organization for trade opening. It is a forum for governments to negotiate trade agreements. It is a place for them to settle trade disputes. It operates a system of trade rules. Essentially, the WTO is a place where member governments try to sort out the trade problems they face with each other. The WTO was born out of negotiations, and everything the WTO does is the result of negotiations. The bulk of the WTO’s current work comes from...
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...June 2007 International Dispute Resolution Overview A. Arbitration International arbitration is the process of resolving disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding. Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions (International Commercial Arbitration). It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes, and for the resolution of certain disputes between states and between investors and states. As the number of international disputes mushrooms, so too does the use of arbitration to resolve them. There are essentially two kinds of arbitration, ad hoc and institutional. An institutional arbitration is one that is entrusted to one of the major arbitration institutions to handle, while an ad hoc one is conducted independently without such an organization and according to the rules specified by the parties and their attorneys. Ad hoc, or unadministered, arbitration is flexible, relatively cheap and fast way of dispute settlement – if the parties co-operate. When parties are not able to co-operate, the assistance of an institution to move the arbitration forward...
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...AT THE WTO: SHIFTING COORDINATES, UNALTERED PARADIGM Amit Shovon Ray* and Sabyasachi Saha January, 2009 Discussion Paper 09-06 Centre for International Trade and Development School of International Studies Jawaharlal Nehru University India * Corresponding author, e -mail: amit.shovon.ray@gmail.com INDIA’S STANCE AT THE WTO: SHIFTING COORDINATES, UNALTERED PARADIGM Amit Shovon RAY ∗ Jawaharlal Nehru University, India and Indian Council for Research on International Economic Relations (ICRIER), India Sabyasachi SAHA Indian Council for Research on International Economic Relations (ICRIER), India ∗ Corresponding author, e -mail: amit.shovon.ray@gmail.com INDIA’S STANCE AT THE WTO: SHIFTING COORDINATES, UNALTERED PARADIGM ♣ Abstract: India’s stance at the WTO has undergone a sea change since the beginning of the Uruguay Round. This paper attempts to trace the shifting coordinates of India’s position at the WTO. By focussing on three specific areas of negotiations, namely agriculture, services and TRIPS, the paper presents a theoretical analysis of how India’s stance at the WTO has evolved over time and whether it reflects any paradigm shift. In the light of international relations theory we argue that although the coordinates of India’s stance at the WTO have shifted over time, the underlying ‘neorealist’ position adopted by India remains by and large unaltered. I. Introduction The ongoing process of Doha round of the WTO negotiations...
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... Summer 2008 Term Paper – World Trade Organization (WTO) TABLE OF CONTENTS 1.0 INTRODUCTION 4 1.1 What is WTO? 1.2 History of WTO 1.3 Mission 1.4 The Structure of WTO 2.0 WTO SYSTEMS 11 3.0 CONITIONS FOR MEMBERSHIP 17 4.0 OBJECTIVES OF WTO 24 5.0 WTO DISPUTE RESOLUTION SYSTEM 27 5.1 Governing Principles 5.2 Stages Of Dispute Resolution 6.0 SUCCESS AND FAILURES OF WTO 29 7.0 WTO AND 3RD WORLD RELATED ISSUES 35 7.1 Who are the Least Developed Countries? 7.2 Who Are the Developing Countries? 7.3 Issues Relating to 3rd World Countries 7.4 Action Plan for the Least Developed Countries 8.0 CHALLENGES FACED BY WTO 42 8.1 Overloading the WTO 8.2 Decision Making 8.3 The role of overlapping unimplemented commitments from the Uruguay Round with new issues from the Doha Round 8.4 Regionalism 8.5 Eroding national sovereignty 8.6 Asymmetry between goods and service liberalization 8.7 Protecting intellectual property 8.8 Asymmetry between public and private trade restrictive Measures 8.9 Shooting at a moving target: Protectionism in disguise 8.10 Doha Development Agenda 8.11 A Healthy WTO 8.12 Timeliness and Politics 8.13 The Alternative to the Doha Round 8. 14 Next Steps for the WTO 9.0 OVERCOMING THE CHALLENGES 58 10.0 CONCLUSION 59 11.0 REFERENCES...
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