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31. Busier than Ever? A Data-Driven Assessment and Forecast of WTO Caseload

Author:
Joost Pauwelyn and Weiwei Zhangb
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
Conventional wisdom has it that, in recent years, the legalized mechanism of dispute settlement before the World Trade Organization (WTO) has been “busier than ever”, “a victim of its own success”. This paper uses count data to assess the WTO’s current caseload and examines how it has evolved since the WTO’s creation in 1995. We also forecast panel and Appellate Body (AB) caseload ten years from now using different scenarios. WTO dispute settlement does, indeed, currently experience a peak in terms of the total number of cases pending before panels and the AB (as of 30 April 2018, respectively, 18 and 8). However, this is not due to an increase in new cases filed (new consultation requests markedly reduced, from a high of 50 in 1997 to “only” 17 in 2017), but rather because pending cases take much longer to conclude as they have become more complex and are often delayed for lack of human resources. In addition, fewer cases filed get formally settled (from 20% in the first five years of the WTO to almost zero after 2014), appeal rates remain very high (on average 68%), and the share of follow-up disputes over compliance (DSU Art. 21.5) has markedly increased, all three factors leading to more (pending) caseload without actually more (new) cases filed, or more panel or AB reports issued (the number of reports produced per year has actually gone down, dropping from a peak of 26 panel reports and 13 AB reports in 2000, to “only” 13 panel reports and 6 Appellate Body reports in 2017).
Topic:
Economics, International Trade and Finance, World Trade Organization, and Global Political Economy
Political Geography:
Switzerland and Global Focus

32. Keeping China’s WTO Commitments Clear

Author:
Su Qingyi
Publication Date:
07-2018
Content Type:
Policy Brief
Abstract:
In terms of fulfillment of WTO (World Trade Organization) commitments, all members of the organization should be treated equally. First of all, China’s WTO accession commitments, which were made when the country was admitted to the organization in 2001, were recorded in three documents, Protocol on the Accession of the People’s Republic of China to the WTO and two reports from the working party on the accession of China to the WTO. The two reports specified China’s promises to open up its services market. And the protocol defined the country’s other promises outside the realm of the services market. Second, after years of China’s accession to the WTO, WTO members should be very clear of China’s compliance with its WTO commitments. For questions as to whether China has opened up in compliance with its commitments, whether it met targets on the time table and whether reforms have been carried out in some areas, the results should be clear. Third, since 2006, WTO has been performing a trade policy review on China every two years. Every WTO member can supervise China’s fulfillment of its WTO commitments within the WTO framework. If any have complaints about China, the two sides can solve the problem within the WTO review mechanism. In fact, the WTO’s dispute settlement mechanism can be employed to force China to make readjustments.
Topic:
Treaties and Agreements, World Trade Organization, Economy, and Multilateralism
Political Geography:
China and Asia

33. 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

34. Chinese Economic Challenges to the World Trade Organization: Separating Myth from Reality

Author:
Umbreen Javaid and Muhammad Sharreh Qazi
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
China has taken the world with a different angle; an angle that kept China mostly behind its conservative mercantilist restrictions and access to foreign investors largely remained actively initiated. Even though China was admitted to the World Trade Organization (WTO) in 2001, and remained an observer to the General Agreement to Tariff and Trade (GATT), cost of receiving membership meant extreme modifications to Chinese system of economy. Modifications that required China to allow access and tariff concessions to global community and demanded Chinese nationalist mercantilist designs to be affable to international standards. This however, never meant that China would stop expanding, or at least take a recess from its economic augmentation. WTO quickly saw China rise to a point where even though it remained compliant to international economic norms, it still remained a formidable rebel to set patterns, tacitly compelling WTO and other international economic forums to feel impractical, if not impotent. Chinese economic investments, together with its dominance on international relations, has often raised questions on its intentions into becoming a member of WTO. It is often miscalculated that China intends to implode WTO from within by introducing a change in the international economic system through sheer pressure or somehow, China is strategizing to manipulate WTO as a nascent member in order to introduce another form of global competition against members that are already in antagonism towards China.
Topic:
International Trade and Finance, Political Economy, World Trade Organization, and Soft Power
Political Geography:
Pakistan, China, South Asia, Asia, and Punjab

35. The Use of Scholarship by the WTO Appellate Body

Author:
Sondre Torp Helmersen
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines the use of scholarship by the WTO Appellate Body. While it is not possible to say definitively how the Appellate Body views the legal status of scholarship in WTO dispute settlement, its use of scholarship will in practice determine its status. The article identifies three overall trends: the Appellate Body’s use of scholarship has declined, the Appellate Body uses scholarship mostly for matters of general international law (as opposed to WTO law), and the Appellate body has generally been careful in its use of scholarship. Possible explanations for these trends may include an increase in available precedents, the Appellate Body’s specialized role, criticism of the Appellate Body, and its members’ backgrounds.
Topic:
International Cooperation, International Law, International Trade and Finance, and World Trade Organization
Political Geography:
Global Focus

36. Implementing decisions of the WTO Dispute Settlement in Brazil: is there a place for transparency and participation?

Author:
Camila Capucio
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Brazilian Center for International Relations (CEBRI)
Abstract:
This paper aims to discuss the democracy gap in the implementation process of decisions of the World Trade Organization Dispute Settlement System in Brazil and possible measures to increase its transparency and accountability. Although the selection of the implementation measure is a sensible political choice that impacts a wide spectrum of different interest groups in diverse manners, government shall give publicity and transparency to the selecting process, making possible for interest groups and agents to present their arguments regarding the possible implementation paths and connecting state governance structures to stakeholders, and allowing the collective and legitimate construction of public interest.
Topic:
Foreign Policy, International Trade and Finance, World Trade Organization, and Policy Implementation
Political Geography:
Brazil and South America

37. Losing Control? Sovereignty in the Age of Globalization

Author:
Saskia Sassen
Publication Date:
02-2015
Content Type:
Course Pack
Institution:
Columbia University Press
Abstract:
What determines the flow of labor and capital in this new global information economy? Who has the capacity to coordinate this new system, to create some measure of order? What happens to territoriality and sovereignty, two fundamental principles of the modern state? And who gains rights and who loses rights? Losing Control? examines the rise of private transnational legal codes and supranational institutions, such as the World Trade Organization and universal human rights covenants, and shows that though sovereignty remains an important feature of the international system, it is no longer confined to the nation-state. Other actors gain rights and a kind of sovereignty by setting some of the rules that used to be within the exclusive domain of states. Saskia Sassen tracks the emergence and the making of the transformations that mark our world today, among which is the partial denationalizing of national territory. Two arenas in particular stand out in the new spatial and economic order by their capacity to set their own rules: the global capital market and the series of codes and institutions that have mushroomed into an international human rights regime. As Sassen shows, these two quasi-legal realms now have the power and legitimacy to demand action and accountability from national governments, with the ironic twist that both depend upon the state to enforce their goals. From the economic policy shifts forced by the Mexico debt crisis to the recurring battles over immigration and refugees around the world, Losing Control? incisively analyzes the events that have radically altered the landscape of governance in an era of increasing globalization.
Topic:
Debt, Globalization, International Political Economy, Sovereignty, World Trade Organization, Labor Issues, and Governance
Political Geography:
Global Focus
Publication Identifier:
9780231106092
Publication Identifier Type:
ISBN

38. When CO2 Goes to Geneva: Taxing Carbon across Borders — Without Violating WTO Obligations

Author:
Maria Paniezi
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Carbon taxes become relevant for international trade when they are coupled with border tax adjustment (BTA) legislation for imported products. BTAs are intended to level the playing field between domestic and foreign products, but such tax schemes, if not designed properly, can be found to violate a country’s international commitments before the World Trade Organization (WTO). This paper argues that environmentally conscious governments can impose a WTO-compatible BTA to offset domestic CO2 legislation, and that federal governments need to engage in coordinated efforts to harmonize treatment of high CO2 emitters domestically, since domestic industries will not bear the burden of environmental regulation alone.
Topic:
Climate Change, Environment, International Trade and Finance, and World Trade Organization
Political Geography:
Global Focus

39. Trade, Migration, and the Place Premium: Mexico and the United States

Author:
Raymond Robertson, Davide Gandolfi, and Timothy Halliday
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
Large wage differences between countries (“place premiums”) are well documented. Theory suggests that factor price convergence should follow increased migration, capital flows, and commercial integration. All three have characterized the relationship between the United States and Mexico over the last 25 years. This paper evaluates the degree of wage convergence between these countries during the period 1988 and 2011. We match survey and census data from Mexico and the United States to estimate the change in wage differentials for observationally identical workers over time. We find very little evidence of convergence. What evidence we do find is most likely due to factors unrelated to US-Mexico integration. While migration and trade liberalization may reduce the US-Mexico wage differential, these effects are small when compared to the overall wage gap.
Topic:
World Trade Organization
Political Geography:
United States and Mexico

40. Corruption and Averting AIDS Deaths

Author:
Willa Friedman
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
This paper looks at the impact of corruption on the effectiveness of antiretroviral drugs in preventing AIDS deaths and the potential channels that generate this relationship. This is based on a unique panel dataset of countries in sub-Saharan Africa, which combines information on all imported antiretroviral drugs (ARVs) from the World Health Organization's Global Price Reporting Mechanism with measures of corruption and estimates of the HIV prevalence and the number of AIDS deaths in each year and in each country. Countries with higher levels of corruption experience a significantly smaller drop in AIDS deaths as a result of the same quantity of ARVs imported. This is robust to different measures of corruption and to a measure of overall death rates as well as HIV-specific death rates as the outcome. A case-study analysis of the Kenyan experience illustrates one potential mechanism for the observed effect, demonstrating that disproportionately more clinics begin distributing ARVs in areas that are predominantly represented by the new leader's ethnic group.
Topic:
World Trade Organization
Political Geography:
Kenya and Africa