The discipline of services domestic regulation (“SDR discipline”), with a view to ensuring progressive liberalization of trade in services while also respecting the national regulatory prerogatives at the same time, addresses issues concerning the formulation, publication, and administration of SDR, and the authorization for the supply of a service. In addition to Article VI General Agreement on Trade in Services (GATS), an increasing number of international trade agreements has developed the SDR discipline with GATS-plus or GATS-extra characteristics, which helps enhance the transparency and regulatory quality of SDR, promote trade facilitation and increase the predictability and efficiency of authorization procedures for the services providers hoping to do business in foreign markets. This paper investigates the negotiating history of the SDR discipline at the multilateral, plurilateral, and regional levels, explores the evolving trends of the SDR discipline from the perspective of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Regional Comprehensive Economic Partnership (RCEP), and the Reference Paper on SDR, and addresses the debate on the necessity test surrounding the SDR discipline negotiation. services domestic regulation, necessity test, transparency, trade facilitation, predictability of authorization, gender equality
{"title":"The Recent Development On The Discipline Of Services Domestic Regulation And The Debate On The Necessity Test: From The Perspective Of The CPTPP, RCEP, And SDR Reference Paper","authors":"Yuhong Yan","doi":"10.54648/trad2024015","DOIUrl":"https://doi.org/10.54648/trad2024015","url":null,"abstract":"The discipline of services domestic regulation (“SDR discipline”), with a view to ensuring progressive liberalization of trade in services while also respecting the national regulatory prerogatives at the same time, addresses issues concerning the formulation, publication, and administration of SDR, and the authorization for the supply of a service. In addition to Article VI General Agreement on Trade in Services (GATS), an increasing number of international trade agreements has developed the SDR discipline with GATS-plus or GATS-extra characteristics, which helps enhance the transparency and regulatory quality of SDR, promote trade facilitation and increase the predictability and efficiency of authorization procedures for the services providers hoping to do business in foreign markets. This paper investigates the negotiating history of the SDR discipline at the multilateral, plurilateral, and regional levels, explores the evolving trends of the SDR discipline from the perspective of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Regional Comprehensive Economic Partnership (RCEP), and the Reference Paper on SDR, and addresses the debate on the necessity test surrounding the SDR discipline negotiation.\u0000services domestic regulation, necessity test, transparency, trade facilitation, predictability of authorization, gender equality","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140765791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this study, we seek to uncover how exogenous shocks shape the dynamics between geopolitics and global trade. By using coupling theory, we propose that the intricate interplay between politics and trade can occur with different nuances and degrees of coupling. We introduce four different situations of coupling, based on historical shocks. We also propose a new form of coupling, that we label as semi-coupling that can occur from shocks such as the COVID-pandemic, and possible future large climate disasters or migration flows. Global trade, geopolitics, coupling theory, exogenous shocks, COVID-pandemic
{"title":"Exogenous Shocks And The Dynamics Between Geopolitics And Global Trade","authors":"June B. Doornich, Pål Andreas Pedersen","doi":"10.54648/trad2024018","DOIUrl":"https://doi.org/10.54648/trad2024018","url":null,"abstract":"In this study, we seek to uncover how exogenous shocks shape the dynamics between geopolitics and global trade. By using coupling theory, we propose that the intricate interplay between politics and trade can occur with different nuances and degrees of coupling. We introduce four different situations of coupling, based on historical shocks. We also propose a new form of coupling, that we label as semi-coupling that can occur from shocks such as the COVID-pandemic, and possible future large climate disasters or migration flows.\u0000Global trade, geopolitics, coupling theory, exogenous shocks, COVID-pandemic","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140789859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyses the functions and disciplines of the cumulative injury assessment under Article 3.3 of the Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994 (‘Anti-Dumping Agreement’). Since the text calls for cumulation only if ‘appropriate’, this article refers to the treaty context, the preparatory works, the precedent dispute settlement cases, as well as the relevant practice of the WTO member countries, to understand the purpose of cumulation and to give meaning to this key element of the treaty text. The analyses lead to the interpretation of Article 3.3 that, in order to ‘determine’ that cumulation is ‘appropriate’, an investigating authority needs to identify the factual circumstances where the subject products from all of the cumulated sources compete so intensively that the market position of dumped imports from all but one of the cumulated sources can be realistically taken over by the imports from one remaining source rather than the domestic like products. This article later calls such circumstances the ‘competitive overlaps’. While Article 3.3 gives an authority a certain degree of discretion, the authority’s determination must be based on the factual elements relevant for the competitive overlap in each case. GATT, WTO, Anti-dumping Agreement, anti-dumping, cumulation, cumulative assessment, conditions of competition, competitive overlap
{"title":"Giving Meaning To Limitations","authors":"Shohei Nishimura","doi":"10.54648/trad2024019","DOIUrl":"https://doi.org/10.54648/trad2024019","url":null,"abstract":"This article analyses the functions and disciplines of the cumulative injury assessment under Article 3.3 of the Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994 (‘Anti-Dumping Agreement’). Since the text calls for cumulation only if ‘appropriate’, this article refers to the treaty context, the preparatory works, the precedent dispute settlement cases, as well as the relevant practice of the WTO member countries, to understand the purpose of cumulation and to give meaning to this key element of the treaty text. The analyses lead to the interpretation of Article 3.3 that, in order to ‘determine’ that cumulation is ‘appropriate’, an investigating authority needs to identify the factual circumstances where the subject products from all of the cumulated sources compete so intensively that the market position of dumped imports from all but one of the cumulated sources can be realistically taken over by the imports from one remaining source rather than the domestic like products. This article later calls such circumstances the ‘competitive overlaps’. While Article 3.3 gives an authority a certain degree of discretion, the authority’s determination must be based on the factual elements relevant for the competitive overlap in each case.\u0000GATT, WTO, Anti-dumping Agreement, anti-dumping, cumulation, cumulative assessment, conditions of competition, competitive overlap","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140776208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This essay focuses on government-administered voluntary ecolabels, which could act as a nudge by altering consumer preferences toward labelled products. Consequently, they de facto compel producers to join the ecolabel schemes familiar to local consumers or dominant in the individual market to avoid being disadvantaged vis-à-vis domestic producers. Given this background, nudging with ecolabels needs to be analysed mainly with respect to the national treatment principle under international trade law. This principle regulates voluntary ecolabels under Articles D and E of the TBT Agreement Annex 3 and Article III:4 of the GATT 1994. These articles ensure that products from any World Trade Organization (WTO) member are treated no less favourable than ‘like products’ of national origin. However, the ‘like products’ definition is unclear under these clauses. Within the scope of this paper, ‘likeness’ is defined as products in a close competitive relationship. This determination can primarily be made from the consumers’ perspective. The essay hence focuses on the de facto discrimination between domestic and imported products due to ecolabels. Following this, it argues that such discrimination does not violate the national treatment principle because ecolabels also affect the ‘like’ product analysis by altering consumer preferences. Ecolabelling, Voluntary Ecolabels, Informational Regulation, Nudge, Nudging, International Trade Law, National Treatment Principle, De facto Discrimination, Likeness Analysis, Consumer Preferences
这篇文章的重点是政府管理的自愿生态标签，它可以通过改变消费者对标签产品的偏好起到推动作用。因此，它们事实上迫使生产商加入当地消费者熟悉的生态标签计划或在个别市场上占主导地位的计划，以避免与国内生产商相比处于不利地位。在这种背景下，需要主要根据国际贸易法中的国民待遇原则来分析生态标签的推动作用。根据《技术性贸易壁垒协议》附件 3 第 D 和 E 条以及《1994 年关贸总协定》第 III:4 条，该原则对自愿生态标签进行了规范。这些条款确保任何世界贸易组织 (WTO) 成员国的产品都不会受到比原产于本国的 "同类产品 "更差的待遇。然而，在这些条款中，"同类产品 "的定义并不明确。在本文范围内，"同类产品 "被定义为具有密切竞争关系的产品。这种判断主要从消费者的角度出发。因此，本文的重点是生态标签造成的国内产品和进口产品之间事实上的歧视。生态标签、自愿性生态标签、信息监管、怂恿、怂恿、国际贸易法、国民待遇原则、事实上的歧视、相似性分析、消费者偏好。
{"title":"How Can International Trade Law Discipline Nudging Through Ecolabels?","authors":"Türkan Gülce Budak","doi":"10.54648/trad2024020","DOIUrl":"https://doi.org/10.54648/trad2024020","url":null,"abstract":"This essay focuses on government-administered voluntary ecolabels, which could act as a nudge by altering consumer preferences toward labelled products. Consequently, they de facto compel producers to join the ecolabel schemes familiar to local consumers or dominant in the individual market to avoid being disadvantaged vis-à-vis domestic producers. Given this background, nudging with ecolabels needs to be analysed mainly with respect to the national treatment principle under international trade law. This principle regulates voluntary ecolabels under Articles D and E of the TBT Agreement Annex 3 and Article III:4 of the GATT 1994. These articles ensure that products from any World Trade Organization (WTO) member are treated no less favourable than ‘like products’ of national origin. However, the ‘like products’ definition is unclear under these clauses. Within the scope of this paper, ‘likeness’ is defined as products in a close competitive relationship. This determination can primarily be made from the consumers’ perspective. The essay hence focuses on the de facto discrimination between domestic and imported products due to ecolabels. Following this, it argues that such discrimination does not violate the national treatment principle because ecolabels also affect the ‘like’ product analysis by altering consumer preferences.\u0000Ecolabelling, Voluntary Ecolabels, Informational Regulation, Nudge, Nudging, International Trade Law, National Treatment Principle, De facto Discrimination, Likeness Analysis, Consumer Preferences","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140780670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legal traditions of international institutions reflect how language shapes the interaction of individuals from various legal disciplines. Institutions like the European Union (EU), United Nations (UN) and World Trade Organization (WTO) cater to multilingualism by publishing different linguistic versions of their texts. These organizations have their own divisions to promote multilingualism – it is the General Assembly and Conference Management for the UN; the Directorate-General for Translation (DGT) in the EU; and the Language and Documentation Services Division (LDSD) for the WTO. In the context of the WTO, coordination among different language groups in drafting WTO documents appears to be lacking. In addition to creating hurdles in substantive law, issues of multilingualism at the WTO also affect the procedural aspects of the dispute. This may have implications on third-party rights, selection of panellists, and timely resolution of disputes, thereby influencing a party’s strategy in a dispute. Against this background, the authors explore the issue of multilingualism at the WTO vis-à-vis the UN and EU by adopting a comparative research methodology. The Article provides recommendations in the form of best practices for improvements at the WTO in the context of multilingualism. WTO, multilingualism, VCLT, translation, DSU, European Union, United Nations, Spanish, French, language
{"title":"The Context Of Text: Harmonizing Multilingual Texts Of The WTO","authors":"Rishabha Meena, Advaith Rao","doi":"10.54648/trad2024016","DOIUrl":"https://doi.org/10.54648/trad2024016","url":null,"abstract":"Legal traditions of international institutions reflect how language shapes the interaction of individuals from various legal disciplines. Institutions like the European Union (EU), United Nations (UN) and World Trade Organization (WTO) cater to multilingualism by publishing different linguistic versions of their texts. These organizations have their own divisions to promote multilingualism – it is the General Assembly and Conference Management for the UN; the Directorate-General for Translation (DGT) in the EU; and the Language and Documentation Services Division (LDSD) for the WTO. In the context of the WTO, coordination among different language groups in drafting WTO documents appears to be lacking.\u0000In addition to creating hurdles in substantive law, issues of multilingualism at the WTO also affect the procedural aspects of the dispute. This may have implications on third-party rights, selection of panellists, and timely resolution of disputes, thereby influencing a party’s strategy in a dispute. Against this background, the authors explore the issue of multilingualism at the WTO vis-à-vis the UN and EU by adopting a comparative research methodology. The Article provides recommendations in the form of best practices for improvements at the WTO in the context of multilingualism.\u0000WTO, multilingualism, VCLT, translation, DSU, European Union, United Nations, Spanish, French, language","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140790259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Korea’s trade policy has proven to be effective in establishing a mutually beneficial relationship between international trade and economic growth. During the past several decades, Korea has evolved its trade approach from a bilateral (export-oriented) focus to a multilateral strategy that adheres to the rules of General Agreement on Tariffs and Trade (GATT) and WTO. Since the turn of the century, Korea has prioritized expanding its Free Trade Agreement (FTA) network, which has become a hallmark of its trade policy. This approach has helped the country to build stronger relationships with key trading partners and increase access to new markets. In response to the evolving global environment, Korea has implemented various measures to address new challenges while maintaining openness and fairness in global trade. Given its high trade-to-GDP ratio, it is crucial for Korea to maintain a stable and resilient economic environment. Currently, Korea’s trade policy centers on strengthening supply chains and integrating itself into the reshaping global value chains (GVC). The country is also contributing to global rule-making, with a particular focus on digital transformation and the net-zero transition. Moreover, Korea is committed to deepening and upgrading existing FTAs while expanding and complementing them, recognizing their significance as platforms for cooperation and communication with other countries. Korea’s trade policy, FTA, WTO, GVC, Supply Chain
{"title":"Korea’s Trade Policy Beyond Free Trade Agreements","authors":"Soojung Cho","doi":"10.54648/trad2024017","DOIUrl":"https://doi.org/10.54648/trad2024017","url":null,"abstract":"Korea’s trade policy has proven to be effective in establishing a mutually beneficial relationship between international trade and economic growth. During the past several decades, Korea has evolved its trade approach from a bilateral (export-oriented) focus to a multilateral strategy that adheres to the rules of General Agreement on Tariffs and Trade (GATT) and WTO. Since the turn of the century, Korea has prioritized expanding its Free Trade Agreement (FTA) network, which has become a hallmark of its trade policy. This approach has helped the country to build stronger relationships with key trading partners and increase access to new markets. In response to the evolving global environment, Korea has implemented various measures to address new challenges while maintaining openness and fairness in global trade. Given its high trade-to-GDP ratio, it is crucial for Korea to maintain a stable and resilient economic environment. Currently, Korea’s trade policy centers on strengthening supply chains and integrating itself into the reshaping global value chains (GVC). The country is also contributing to global rule-making, with a particular focus on digital transformation and the net-zero transition. Moreover, Korea is committed to deepening and upgrading existing FTAs while expanding and complementing them, recognizing their significance as platforms for cooperation and communication with other countries.\u0000Korea’s trade policy, FTA, WTO, GVC, Supply Chain","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140782684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
South Korea felt ‘betrayed’ when President Biden signed his administration’s flagship climate legislation, the Inflation Reduction Act (IRA) of 2022, into law. This article first shows how the Biden administration addressed Korea’s concerns about the law’s effect on its sales of electric vehicles (EVs) in the United States. Thanks in part to the Treasury Department’s regulations written to implement the law, Korean exports of EVs to the United States grew even after the IRA went into force. Whether these actions by the Biden administration are enough to assuage the concerns of the Koreans – and other allies adversely affected by the IRA – remains to be seen. Furthermore, the US accommodation of Korean concerns came with tradeoffs by offsetting key incentives Congress may have intended in passing the IRA. The article also examines potential impacts of the law on South Korean battery companies, and it provides an initial exploration into how the Korean government responded to IRA by adjusting its own policy mix of EV consumer tax credits and industrial policy for its EV plants and battery makers. Electric vehicles, batteries, industrial policy, supply chains, climate, US, South Korea
{"title":"How the United States solved South Korea’s problems with electric vehicle subsidies under the Inflation Reduction Act","authors":"","doi":"10.54648/trad2024001","DOIUrl":"https://doi.org/10.54648/trad2024001","url":null,"abstract":"South Korea felt ‘betrayed’ when President Biden signed his administration’s flagship climate legislation, the Inflation Reduction Act (IRA) of 2022, into law. This article first shows how the Biden administration addressed Korea’s concerns about the law’s effect on its sales of electric vehicles (EVs) in the United States. Thanks in part to the Treasury Department’s regulations written to implement the law, Korean exports of EVs to the United States grew even after the IRA went into force. Whether these actions by the Biden administration are enough to assuage the concerns of the Koreans – and other allies adversely affected by the IRA – remains to be seen. Furthermore, the US accommodation of Korean concerns came with tradeoffs by offsetting key incentives Congress may have intended in passing the IRA. The article also examines potential impacts of the law on South Korean battery companies, and it provides an initial exploration into how the Korean government responded to IRA by adjusting its own policy mix of EV consumer tax credits and industrial policy for its EV plants and battery makers.\u0000Electric vehicles, batteries, industrial policy, supply chains, climate, US, South Korea","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140526844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article contributes to the debate on the policy coherence of the trade-environment nexus by analysing the recent critical raw materials (CRM) policy of the European Union (EU). Critical raw materials are crucial for the green and digital transitions but face significant risks in their supply. This raises the question to what extent the EU can ensure a coherent approach in an era of geopolitics. The analysis proceeds in three steps: what does coherence mean (problem definition), how coherent are the EU’s policy objectives, and how coherent are its policy instruments designed for CRMs? The article finds that the EU’s problem definition of the trade-environment nexus has over the past two decades become more coherent. However, the rise of geopolitics has added foreign policy considerations to the understanding of this nexus. As the case of CRMs shows, open strategic autonomy, which aims to reduce strategic dependencies, generates incoherence among the policy objectives. The many existing or proposed EU policy instruments can, so far, be assessed as being relatively more coherent yet also with a mixed record. Future research will have to confirm this preliminary finding and also address the coherence of the policy implementation and outcomes of the EU’s CRMs policy. critical raw materials, European Union, geopolitics, Green Deal, open strategic autonomy, policy coherence, sustainability, trade-environment nexus, trade policy, twin transition
{"title":"Towards a Coherent Trade-Environment Nexus? The EU’s Critical Raw Materials Policy","authors":"Sieglinde Gstöhl, Jonathan Schnock","doi":"10.54648/trad2024002","DOIUrl":"https://doi.org/10.54648/trad2024002","url":null,"abstract":"This article contributes to the debate on the policy coherence of the trade-environment nexus by analysing the recent critical raw materials (CRM) policy of the European Union (EU). Critical raw materials are crucial for the green and digital transitions but face significant risks in their supply. This raises the question to what extent the EU can ensure a coherent approach in an era of geopolitics. The analysis proceeds in three steps: what does coherence mean (problem definition), how coherent are the EU’s policy objectives, and how coherent are its policy instruments designed for CRMs? The article finds that the EU’s problem definition of the trade-environment nexus has over the past two decades become more coherent. However, the rise of geopolitics has added foreign policy considerations to the understanding of this nexus. As the case of CRMs shows, open strategic autonomy, which aims to reduce strategic dependencies, generates incoherence among the policy objectives. The many existing or proposed EU policy instruments can, so far, be assessed as being relatively more coherent yet also with a mixed record. Future research will have to confirm this preliminary finding and also address the coherence of the policy implementation and outcomes of the EU’s CRMs policy.\u0000critical raw materials, European Union, geopolitics, Green Deal, open strategic autonomy, policy coherence, sustainability, trade-environment nexus, trade policy, twin transition","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140521521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Recently World Trade Organization (WTO) panels declared the illegitimacy of the tariff increases imposed in 2018 by the US government, based on national security grounds, on imports of steel and aluminium products. This paper addresses some of the key legal issues raised in the four controversial panel decisions, leaving some final reflections on the future of multilateral trade system. Given the unsettled nature of the terrain, we firstly focus on the WTO rules that are relevant to the tariffs imposed by Trump in 2018, before dwelling on the complainants’ arguments and panels’ findings. Two indications or conclusion can be drawn from the paper. First, the General Agreement on Tariffs and Trade (GATT) Article XXI doesn’t constitute a self-judging or non-justiciable provision, differently from what argued by the US Government. Second, the controversial reports will not resolve the ongoing conflict initiated by US against the WTO. In fact Biden, far from distancing himself from Trump’s measures, openly condemned the panel’s decisions through an official statement widely disseminated by the media. The practical significance of the recent condemnation of the US tariffs is even less evident when considering the persistent issue of the appointment of members to the WTO Appellate Body. If multilateralism continues to falter, the US may no longer be the only country winking at bilateralism, as evidenced by the recent rules adopted by the EU. Security Exceptions, Dispute Settlement Understanding, Antidumping Duties, WTO, international economics, European Union, GATT, escape clauses, multilateral trade system
{"title":"The WTO Condemns Trump’s Tariffs on Steel and Aluminium, but Biden Condemns the WTO","authors":"","doi":"10.54648/trad2024006","DOIUrl":"https://doi.org/10.54648/trad2024006","url":null,"abstract":"Recently World Trade Organization (WTO) panels declared the illegitimacy of the tariff increases imposed in 2018 by the US government, based on national security grounds, on imports of steel and aluminium products. This paper addresses some of the key legal issues raised in the four controversial panel decisions, leaving some final reflections on the future of multilateral trade system. Given the unsettled nature of the terrain, we firstly focus on the WTO rules that are relevant to the tariffs imposed by Trump in 2018, before dwelling on the complainants’ arguments and panels’ findings. Two indications or conclusion can be drawn from the paper. First, the General Agreement on Tariffs and Trade (GATT) Article XXI doesn’t constitute a self-judging or non-justiciable provision, differently from what argued by the US Government. Second, the controversial reports will not resolve the ongoing conflict initiated by US against the WTO. In fact Biden, far from distancing himself from Trump’s measures, openly condemned the panel’s decisions through an official statement widely disseminated by the media. The practical significance of the recent condemnation of the US tariffs is even less evident when considering the persistent issue of the appointment of members to the WTO Appellate Body. If multilateralism continues to falter, the US may no longer be the only country winking at bilateralism, as evidenced by the recent rules adopted by the EU.\u0000Security Exceptions, Dispute Settlement Understanding, Antidumping Duties, WTO, international economics, European Union, GATT, escape clauses, multilateral trade system","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140527095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With the Fourth Industrial Revolution, a digitally connected global era has begun. Leading global companies are harnessing innovative technologies such as internet of things, big data, artificial intelligence, robotics and digital twin to revolutionize manufacturing process. This transformation is resulting in the creation of new business models and value-added products. It is time to shift the paradigm of trade by reforming the old mindset dominated by tangible goods. While current trade agreements contain some rules on digital trade, the scope of discussions lag behind the business reality of industrial digital transformation. This article purports to rebuild the objectives and priorities of global digital trade negotiations, by reflecting recent hyper-connectivity and hyper-intelligence. It proposes eight items for digital trade negotiations: digital transformation (DX) in trade, digital manufacturing services, internet access and traffic cost sharing, data trust for interoperability, artificial intelligence (AI) governance, cybersecurity and trade, big-tech platform regulations, and digital business taxation. digital transformation, digital trade, digital service, data flow, artificial intelligence, cyber security, big-tech platform
{"title":"Industrial Digital Transformation and A Proposal to Rebuild Digital Trade Agenda","authors":"","doi":"10.54648/trad2024004","DOIUrl":"https://doi.org/10.54648/trad2024004","url":null,"abstract":"With the Fourth Industrial Revolution, a digitally connected global era has begun. Leading global companies are harnessing innovative technologies such as internet of things, big data, artificial intelligence, robotics and digital twin to revolutionize manufacturing process. This transformation is resulting in the creation of new business models and value-added products. It is time to shift the paradigm of trade by reforming the old mindset dominated by tangible goods. While current trade agreements contain some rules on digital trade, the scope of discussions lag behind the business reality of industrial digital transformation. This article purports to rebuild the objectives and priorities of global digital trade negotiations, by reflecting recent hyper-connectivity and hyper-intelligence. It proposes eight items for digital trade negotiations: digital transformation (DX) in trade, digital manufacturing services, internet access and traffic cost sharing, data trust for interoperability, artificial intelligence (AI) governance, cybersecurity and trade, big-tech platform regulations, and digital business taxation.\u0000digital transformation, digital trade, digital service, data flow, artificial intelligence, cyber security, big-tech platform","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140525760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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