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22. Cross-Border E-Commerce: WTO discussions and multi-stakeholder roles – stocktaking and practical ways forward
- Author:
- Michael Kende1 and Nivedita Sen
- Publication Date:
- 01-2019
- Content Type:
- Working Paper
- Institution:
- Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
- Abstract:
- E-commerce has long been recognized as a driver of growth of the digital economy, with the potential to promote economic development. The benefits come from lower transaction costs online, increased efficiency, and access to new markets. The smallest of vendors can join online marketplaces to increase their sales, while larger companies can use the Internet to join global value chains (GVCs), and the largest e-commerce providers are now among the most valuable companies in the world.
- Topic:
- Development, Economics, Science and Technology, World Trade Organization, Digital Economy, Economic growth, and Free Trade
- Political Geography:
- United States, Europe, Switzerland, and Global Focus
23. More than meets the eye in ROK ceding developing economy status
- Author:
- Dong Yan and Ma Tao
- Publication Date:
- 11-2019
- Content Type:
- Policy Brief
- Abstract:
- A large number of farmers in the Republic of Korea took to the streets of Seoul on Wednesday, protesting the government's recent decision to give up its developing country status at the World Trade Organization in future trade negotiations and thus lose the benefits accruing out of it. The protesters were worried that the decision would eventually lead to a drastic cut in state agriculture subsidies and tariffs. …… Given that countries could experience uneven development, gaining undue advantages in some areas while being weak in others, the WTO has prevented some developing countries from enjoying some of the special and differential treatments in certain fields. For instance, it has restricted the ROK and India from using measures to promote balance of payment. Besides, the Agreement on Trade-Related Aspects of Intellectual Property Rights, revised in 2003, allows countries that lack production capability to import nonproprietary medicines, which is opposed by the developed countries－and 11 countries including China, the ROK, Mexico and Turkey have agreed to implement the agreement only in emergencies.
- Topic:
- International Trade and Finance, Treaties and Agreements, World Trade Organization, and Trade
- Political Geography:
- China, India, Asia, and Korea
24. The Importance of WTO Reform from a Transatlantic Perspective
- Author:
- Thomas J. Duesterberg
- Publication Date:
- 02-2019
- Content Type:
- Special Report
- Institution:
- Hudson Institute
- Abstract:
- Trade is at the forefront of international tensions in 2019. Political developments in the United States and Europe, and the rise of China as a peer competitor to the transatlantic economies, have led many to question the fundamental assumptions and operations supporting the World Trade Organization (WTO). Chinese mercantilism, the Trump administration’s aggressive use of unilateral tariff measures, and the inability of WTO members to reach consensus on expanding its disciplines to important new sectors and forms of commerce in the modern economy reinforce the critique of the WTO. Expansion in global trade, one of the great engines of growth and progress in bringing billions of people out of poverty since 1945, has slowed considerably in the last two decades. In 2018, however, several constructive efforts to craft reforms for this successor institution of the Bretton Woods system are engendering some hope that the WTO can be adapted to meet the needs of the contemporary economy. The first basket of problems revolves around a lack of WTO disciplines for newer sectors like services, including those associated with the emerging digital economy; for state-owned enterprises; for intellectual property protection; and for cross-border investments. The other main issues concern the sometimes ineffective and bounded operations of the WTO itself. Questions have been raised, notably by the United States, over the slow and inconsistent enforcement of existing WTO rules, and over rulings by judges in the Appellate Body which overstep the limits of existing WTO rules, undertake interpretations of domestic laws, and reinterpret facts established by earlier dispute panel decisions. This is the biggest issue now dividing U.S. and EU thinking on the reform of the WTO. The EU, Canada, Japan, the United States and other members have begun offering concrete proposals for addressing these problems, and the G20 political leaders gave a strong endorsement to their efforts in the December 2018 communique of the Buenos Aires summit. Ideas for new rules are being tested in sub-global trade agreements like the new North American and Trans-Pacific pacts and EU free trade agreements with Canada and Japan. Incorporation of new rules into the global WTO is extremely difficult; full consensus among its 164 members is required for the adoption of any new disciplines or internal operations. To overcome that impediment, this paper suggests that plurilateral agreements, like the Information Technology Agreement of 1997, be employed to establish and test new rules needed for the 21st-century economy. Some use of supermajority decision making instead of the consensus rule may also help advance the creation of new rules and redress weaknesses in WTO operations. The role of transatlantic leadership, finally, is emphasized as a key to building broad political support needed to achieve substantive reform.
- Topic:
- International Relations, World Trade Organization, Reform, Trade, and Transatlantic Relations
- Political Geography:
- Europe, North America, and United States of America
25. From Fisheries Subsidies to Energy Reform under International Trade Law
- Author:
- Markus Gehring
- Publication Date:
- 09-2018
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- Economic, environmental and other international regimes are jointly facing a wicked climate problem. Climate change impacts on human activity and ecosystems have the potential to jeopardize attaining shared goals of these different regimes, and yet can only be addressed by overcoming the division and occasional conflict between their different stakeholders and areas of focus. Discussions have begun in the hallways on how trade law could best be leveraged to bring the international community together to prevent climate-related harms. This paper argues that World Trade Organization (WTO) fisheries subsidies negotiations should be a priority area for those practitioners and researchers building links between trade and climate law. It is submitted that successful fisheries subsidies reform will directly contribute to the implementation of the Paris Agreement and to the delivery of Sustainable Development Goal (SDG) 13 (“Take urgent action to combat climate change and its impacts”), given the important synergies that exist between the transformation of fisheries subsidies and climate mitigation and adaptation. Furthermore, fisheries subsidies negotiations are of crucial importance for international climate law because they can provide a case study to learn from and increase chances of success with fossil fuel subsidy reform. This paper provides a brief historical overview of trade law negotiations aiming to reduce and reform fisheries subsidies, and shows the important synergies that exist between reforming fisheries subsidies and implementing the Paris Agreement as well as the SDGs. The paper then extracts five drivers for success that can be observed from the current process of fisheries subsidies reform: leadership of key countries and of the WTO Secretariat itself; meticulous academic, scientific and policy background analysis; commitment by civil society and the private sector; the development of alternatives to those subsidies that encourage overfishing; and inter-regime learning. Lastly, the paper discusses the transferability of these drivers for success to prevent climate harms and to address more general challenges encountered in both the climate and trade regimes.
- Topic:
- Climate Change, Environment, World Trade Organization, Maritime, and Fishing
- Political Geography:
- Global Focus
26. The Rise of Mega-Regionalism: Revealing Canada’s Blind Spots
- Author:
- Jeremy de Beer
- Publication Date:
- 10-2018
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- The era of global multilateralism in international trade is coming to an end. The World Trade Organization’s (WTO’s) Doha Round, which sought to reduce multilateral trade barriers, has been declared “dead and buried” according to certain scholars. New WTO reform efforts may be rekindled; however, the world has shifted toward international economic regionalism. The WTO defines regional trade agreements as reciprocal preferential trade agreements between two or more partners (whether or not from the same region), of which almost 300 are in force. While these agreements can be called bilateral, free, regional or preferential trade agreements, there is a more important issue than naming.
- Topic:
- International Trade and Finance, Regional Cooperation, World Trade Organization, and Multilateralism
- Political Geography:
- United States, Canada, and North America
27. Crisis in the WTO: Restoring the Dispute Settlement Function
- Author:
- Robert McDougall
- Publication Date:
- 11-2018
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- The impasse in the World Trade Organization (WTO) over the appointment of new members of the Appellate Body is just one symptom of crisis in cooperation on trade. Driven by skepticism about multilateralism and binding dispute settlement, and by a growing strategic and economic rivalry with China, the current US administration has elevated longstanding US concerns about WTO dispute settlement to new heights. The inability of WTO members to exercise their collective authority to interpret the meaning of their WTO commitments has meant that the Appellate Body is effectively not subject to any checks and balances. As other WTO members blocked US efforts to negotiate more member control, the United States increasingly turned to unpopular unilateral mechanisms, culminating in the current block on new appointments as part of its more disruptive trade policy. Assuming the United States will eventually return to rules-based trade, restoring the WTO dispute settlement system to full capacity and enhancing its legitimacy will likely require some changes. This might include improving mechanisms for political oversight, diverting sensitive issues from adjudication, narrowing the scope of adjudication, improving institutional support and providing members more say over certain procedures. Preserving compulsory, impartial and enforceable dispute settlement in the WTO will require an accommodation of different perspectives on how the system should function. Achieving this, in whatever form, will contribute to maintaining and even strengthening multilateral cooperation on trade.
- Topic:
- International Trade and Finance, World Trade Organization, Global Political Economy, and Multilateralism
- Political Geography:
- United States, China, Asia, and North America
28. The Content of a WTO Climate Waiver
- Author:
- James Bacchus
- Publication Date:
- 12-2018
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- Neither the trade regime nor the climate regime has so far displayed any willingness to confront the coming clash between climate ambitions and trade rules. To minimize the economic and political risks of such a collision, the members of the World Trade Organization (WTO) should adopt a WTO climate waiver. To further carbon pricing and to facilitate the necessary green transition in the global economy, the core of a WTO climate waiver should be a waiver from the applicable trade rules for national measures that: discriminate on the basis of carbon and other greenhouse gases used or emitted in making a product; fit the definition of a climate response measure as defined by the United Nations Framework Convention on Climate Change; and do not discriminate in a manner that constitutes a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. A WTO climate waiver should also include support for trade restrictions by carbon markets and climate clubs, trade disciplines on fossil fuel subsidies, and green subsidies that support innovative outcomes rather than particular technologies. Along with a climate waiver, WTO members should also confirm that carbon taxes qualify as border tax adjustments under trade rules. The adoption of a WTO climate waiver is a central and critical part of the overall reimagining of international trade law that is needed to fulfill the stated WTO goal of engaging in trade and other economic endeavours consistently with the objectives of sustainable development.
- Topic:
- Climate Change, International Trade and Finance, World Trade Organization, and Green Technology
- Political Geography:
- Global Focus
29. Advancing East Asia’s Trade Agenda: A Korean Perspective
- Author:
- Kijm Sangkyom
- Publication Date:
- 08-2018
- Content Type:
- Special Report
- Institution:
- Korea Economic Institute of America (KEI)
- Abstract:
- According to the WTO, in 2018 there are 459 regional trade agreements, the most in the institution’s recorded history.1 Countries are now more actively engaged in regional trade agreements as a policy option to achieve their outward growth strategy. In addition to efforts to build up trade and investment links, regional integration is expected to spill over to more complicated socioeconomic issues, covering a wide range of areas such as gender, environment, labor, and cultural exchanges. Given this upsurge, policy coordination within the framework of regional agreements has attracted considerable attention from policymakers and other stakeholders. This is certainly the case in Korea, where the promise of such agreements is widely recognized, and recent challenges are actively discussed in the hope of overcoming them. Regionalism is a relatively new concept for most East Asian countries.2 Through most of the 1990s, East Asian countries generally engaged in regional integration discussions as a pathway to eventual multilateral trade liberalization under the auspices of the ASEAN and ASEAN+ processes. The subsequent proliferation of FTAs was the result of a number of economic and political factors, which had much in common with similar processes in other world regions, but advanced with particular intensity in East Asia and states closely connected to it. Today, all Asia-Pacific economies are involved in the regional economic process and are active participants in the establishment of multilayered FTAs. The growing interdependence and interconnectedness of the global economy has intensified the need for most East Asian countries, including Korea, to engage in regional economic cooperation and integration. Korea’s high dependency on trade explains its preference for the rapid expansion of regional trade agreements. This chapter begins with a review of the trends, key characteristics, and implications of East Asian economic integration, followed by an examination of potential opportunities and challenges facing regional integration. Korea’s FTA strategies are then reviewed, and its expected role in advancing the regional trade agenda is addressed.
- Topic:
- Regional Cooperation, World Trade Organization, Economy, and Trade
- Political Geography:
- Asia, South Korea, and North Korea
30. ACKNOWLEDGING THE FLEXIBILITIES OF THE TRIPS AGREEMENT: ENSURING THE RIGHT TO ACCESS TO MEDICINES OR A STRATEGY OF PASSIVE REVOLUTION?
- Author:
- Sevgi BALKAN-ŞAHİN
- Publication Date:
- 10-2018
- Content Type:
- Journal Article
- Journal:
- Alternative Politics
- Institution:
- Department of International Relations, Abant Izzet Baysal University, Turkey
- Abstract:
- The Doha Ministerial Declaration on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and Public Health adopted in November 2001 clarified the right to use the TRIPS flexibilities to promote public health. Examining the hegemonic struggle of opposing social forces from a neo-Gramscian perspective, the paper attributes this outcome to the strategy of trasformismo used by market-oriented social forces to legitimize the policies of the World Trade Organization (WTO) and prevent resistance against the market-driven TRIPS Agreement. It argues that although non-governmental organizations (NGOs) such as Medecins Sans Frontieres, Third World Network, and Oxfam worked as a counter-hegemonic force to ensure the access of least developed countries to generic versions of patented drugs, flexibilities confirmed by the Doha Declaration can be seen more as a strategy of trasformismo to absorb counter-hegemonic ideas than the counter-hegemonic groups’ successful incorporation of the right to ensure public health into the TRIPS Agreement.
- Topic:
- Health, World Trade Organization, Hegemony, Health Care Policy, NGOs, and Public Health
- Political Geography:
- United States, Europe, Asia, and North America