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Begin New Search Topic World Trade Organization Author Clara Brandi

1. Governing Digital Trade – A New Role for the WTO

Author:
Wallace Cheng and Clara Brandi
Publication Date:
01-2019
Content Type:
Policy Brief
Institution:
German Development Institute (DIE)
Abstract:
Digitalisation is transforming the economy and redefining trade. Recently, members of the World Trade Organization (WTO) have started to discuss how trade policies and rules should be adapted to address this transformation. For example, in January 2019, 76 WTO members announced the launch of “negotiations on trade-related aspects of electronic commerce”. The scope of these e-commerce negotiations is yet to be defined, but to ban tariffs on electronic trans­missions will certainly be on the priority list of WTO members such as the United States (US) and the European Union (EU). The idea of banning tariffs on electronic transmission originated at the WTO’s Ministerial Conference (MC) in 1998, when Members declared that they would “continue their current practice of not imposing customs duties on electronic transmissions”. This temporary moratorium on e-commerce tariffs needs to be regularly extended, requiring a decision made “by consensus”. Members have repeatedly extended the moratorium on tariffs on “electronic trans­missions”, most recently at the latest WTO MC in 2017. But the WTO e-commerce moratorium is increasingly disputed: First, while net exporters of digital products and services, typically industrialised countries, understand the tariff ban to apply to digital content, net importers interpret it as referring only to electronic carriers (e.g. CDs, electronic bits), which means that they regard themselves as permitted to impose customs duties on the content of online trade. Second, while net exporters like the US and the EU propose a permanent ban on e-commerce tariffs in order to provide greater certainty to consumers and business, arguing that the resulting revenue losses are small, net importers like India and South Africa underline that they suffer much greater revenue losses than industrialised countries and have to bear the brunt of the moratorium. Third, while industrialised countries argue that the ban on tariffs on electronic transmissions would reduce market distortions, developing countries are concerned that a permanent moratorium would limit their options to protect domestic products and services traded online. Fourth, the moratorium has stirred a debate about how to create a level playing field between domestic and foreign suppliers of digital products and services.
Topic:
Development, Science and Technology, World Trade Organization, and Digital Economy
Political Geography:
India, South Africa, United States of America, and European Union

2. Environmental Provisions in Trade Agreements: Promises at the Trade and Environment Interface

Author:
Axel Berger, Clara Brandi, and Dominique Bruhn
Publication Date:
01-2017
Content Type:
Policy Brief
Institution:
German Development Institute (DIE)
Abstract:
Until recently, environmental concerns have played only a marginal role in trade policy. The rulebook of the World Trade Organization (WTO) rarely touches upon environ­men­tal concerns and mainly features an exception clause for the protection of the environment (GATT, Art. XX). How­ever, the rising number of modern preferential trade agree­ments (PTAs) covers an ever-broader array of policy areas, going far beyond the traditional reduction of tariffs by also including environmental provisions. Numerous PTAs nego­tiated on a bilateral and regional basis have compre­hen­sive “green” components. For example, many PTAs include ob­li­ga­tions not to lower environmental standards, the right to regu­late for the benefit of the environment, and the com­mit­ment to implement multilateral environmental agreements. The inclusion of environmental provisions can spark con­troversies. For some, the inclusion of environmental pro­visions offers untapped potential for actual environ­mental protection, making these agreements more compatible with environment and climate policies. However, trade critics often see these provisions as mere “fig leafs” that are included in modern PTAs in order to make them less controversial in the eyes of the public and legislators. For other critics, they represent an instrument of “green protectionism” in order to keep cheaper products from developing countries out of the market. Given the newness of the widespread inclusion of environmental provisions in PTAs and the heated debate that is raging about the nature and effects of trade policies, better data and research is needed to understand and analyse this development. Firstly, we need to improve our understanding of the specific design of these new rules and the related policy initiatives of PTA signatories. What drives the inclusion of environmental provisions in trade agreements? Which are the most innovative agreements and which the most innovative countries in terms of including environmental provisions in PTAs? Which environmental provisions are diffused more often than others into subsequent PTAs? Secondly, there is a need to understand the interplay between PTAs and other environmental or climate agree­ments. To what extent do PTAs with environmental pro­visions serve the purpose of multilateral environmental agree­ments (MEAs) or the Paris Agreement on climate change? Last but not the least: What are the implications of environmental provisions? Does the inclusion of these provisions in PTAs help the contracting parties to implement domestic environmental laws? The innovative and interactive online tool TREND analytics based on the Trade & Environment Database (TREND), which tracks almost 300 different environmental provisions in the texts of about 630 PTAs, offers new ways of going further and of undertaking research to generate fine-grained information on the interplay between trade and the environment, providing fresh insights into a number of relevant policy discussions. This Briefing Paper summarises recent research results based on TREND, along with providing new insights into these questions and policy discussions at the interface of international trade and the environment.
Topic:
Climate Change, Environment, Treaties and Agreements, World Trade Organization, and Trade
Political Geography:
Global Focus