KluwerLawOnline.com - Journal of World Trade http://www.kluwerlawonline.com/toc.php?pubcode=trad en-gb Sat, 25 May 2013 21:01:46 -0500 Sat, 25 May 2013 21:01:46 -0500 http://www.rssboard.org/rss-specification Could Least Developed Countries (LDCs) and Other Developing Countries Which Have Not Been Able to Establish Legal Framework for the Application of Trade Remedy Measures Make a Beginning by Establishing Mechanism for the Application of Safeguard Measures Only? http://www.kluwerlawonline.com/TRAD2013015 Journal of World Trade The rule based multilateral trading system created by World Trade Organization (WTO) recognizes that in pursuing liberal and open trade policies, countries may have to use trade remedy measures such as anti-dumping countervailing or safeguard measures in cases where their domestic agricultural producers or manufacturing industries are hurt or injured by imports.

However, such trade remedy measures can be applied only after investigations undertaken in accordance with the detailed rules laid down by the Agreements on Anti-dumping Practices (ADP), Subsidies and Countervailing Measures and on Safeguards, it is established that increased imports are causing injury to the domestic agricultural producers or industry. As a result, over sixty developing countries, most of which are least developed or countries at lower stages of development, which have not been able to establish such framework because of financial and other constraints are not able to make effective use of the rights which these Agreements provide.

The paper suggests that in the situation, the least developed and other developing countries which have not been able to establish legal and institutional framework for applying all of the three trade remedy measures, should be permitted to apply only safeguard measures, which from the administrative point of view would require only modest staff, by adopting an Understanding.

It is also in this context important to note that after the conclusion of the Doha Round, all developing countries would be able to apply to agricultural products, special safeguard measures if the price of imports falls below specified price trigger or their volume exceeds specified trigger, irrespective of whether the imported goods which are causing injury are being dumped or being subsidized. The need to apply safeguard measures in accordance with the provision of the Understanding clarifying the rules of the Safeguard Agreement would arise only in a few cases of manufactured products where domestic industries complain that the increased imports are causing serious injury to them.

  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Vinod Rege, Minister in the Permanent Mission of Kenya to WTO.
    • Marwa Kisiri
    • Elijah Manyara
    • Nyame Baafi
    • Edward Bizimuremyi
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
  • Print ISSN 1011-6702
]]> Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013015 The WTO’s Influence on Other Dispute Settlement Mechanisms: A Lighthouse in the Storm of Fragmentation http://www.kluwerlawonline.com/TRAD2013016 Journal of World Trade This article provides a comprehensive overview of the use of World Trade Organization (WTO) rules and case law by other dispute settlement mechanisms (DSMs) in international law. Our findings show that DSMs frequently refer to WTO rules and case law not only on matters of procedure but also on various substantive aspects of trade law and general international law. The 150 identified references vary in their quality and importance for the rationale of the DSM. They range from a footnote en passant to being at the core of the solution for a particular legal problem that the adjudicator or arbitrator faces. We cluster our findings into four major categories of circumstances under which other DSMs deem it appropriate to cite the WTO (factual determinations, procedural aspects, general principles of international law or the rules on treaty interpretation, and substantive rules).A more difficult task has been to draw tentative conclusions as to the reasons that motivate DSMs to look specifically into WTO rules and case law. In most instances, this is due to the fact that the terms or their context in a given applicable law of a regional trade mechanism resemble those of the WTO disciplines. However, the use of the WTO precedent for purposes of procedure and clarification of general principles of international law or the rules on treaty interpretation show a broader influence of the WTO on international dispute settlement.

  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Gabrielle Marceau, Legal Affairs Division, World Trade Organization.
    • Arnau Izaguerri, Professor, University of Geneva.
    • Vladyslav Lanovoy, Visiting Professor at the Graduate Institute of International and Development Studies.
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
  • Print ISSN 1011-6702
]]> Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013016 Mysteries of the TBT Agreement Resolved? Lessons to Learn for Climate Policies and Developing Country Exporters from Recent TBT Disputes http://www.kluwerlawonline.com/TRAD2013017 Journal of World Trade In 2012, the Appellate Body delivered its reports on three disputes dealing with yet unresolved issues of the Agreement on Technical Barriers to Trade, such as its applicability to non-product related processes and production methods and the interpretation of its non-discrimination clause and its so-called necessity requirement. The reports in US - Clove Cigarettes, US - Tuna II and US - COOL inform future policies pursued to achieve non-trade objectives. On a broader picture, they contribute to the debate on preserving policy space for non-trade concerns. The paper outlines conclusions to be drawn from these reports for climate policy-makers and their consequences to exporting interests of developing countries. Particular focus is put on the interpretation given to the non-discrimination clause.

  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Johannes Norpoth, LLM (Maastricht – Globalization and Law).
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
  • Print ISSN 1011-6702
]]> Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013017 Duty as a Cost in EU Anti-Dumping Refunds: The Triple Jump and Other Obstacles to Success http://www.kluwerlawonline.com/TRAD2013018 Journal of World Trade The issue of duty as a cost in European Union (EU) anti-dumping refunds has been dormant for some time now. However, there are many reasons why this issue has resurfaced in recent times as a bone of contention between the European Commission and refund applicants. This article examines one of the main obstacles for EU related importers obtaining full entitlement to refund payments, namely the deduction of EU anti-dumping duties from constructed export prices to reach revised dumping margins for the purposes of awarding refunds. It also examines and questions some of the Commission's current practices and interpretations of this concept.

  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Robert M. MacLean, Partner with the law firm of Squire Sanders (UK) LLP, in Brussels.
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
  • Print ISSN 1011-6702
]]> Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013018 Trade in Air Transport: Have We Lost Our Way? http://www.kluwerlawonline.com/TRAD2013019 Journal of World Trade Generally, with the exception of air transport within Europe, flag carriers are effectively protected by a regulatory process driven by a network of bilateral agreements based on reciprocity of operations. This practice, sustained throughout the past sixty-eight years by the Member States of the International Civil Aviation Organization (ICAO), justifies a provision in the Convention on International Civil Aviation that scheduled air transport services are prohibited unless permitted by the grantor State, and has upended the meaning and purpose of aviation. In many countries, this practice precludes a more rational assessment of air services, one which should transcend narrow sectoral interests of an air carrier and provides the optimum overall benefits from tourism, trade and investment for the economy, protection of consumer interests and enhancement of competition.

  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Ruwantissa Abeyratne, Senior Legal Officer at the International Civil Aviation Organization.
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
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]]> Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013019 Vietnam’s Experience in Developing International Trade Lawyers Following Five Years of World Trade Organization Accession http://www.kluwerlawonline.com/TRAD2013020 Journal of World Trade (Research shows the development of institutional and legal capacity is important in managing World Trade Organization (WTO) participation. Vietnam, an emerging economic power in Asia, is expected to face increasing legal challenges in the WTO dispute settlement forum. This article examines Vietnam's experience in developing its legal capacity and critically assesses Vietnam's capacity to develop indigenous legal capacity in WTO law. A conclusion is formed that building capacity is technically and politically difficult for small nations like Vietnam. On the basis of the research conducted, this article is able to recommend three measures and strategies the government could employ to strengthen its legal capacity).

  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Toan Le, Lecturer in International Trade Law, Department of Business Law.
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
  • Print ISSN 1011-6702
]]> Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013020 First, Do the Patient No Harm http://www.kluwerlawonline.com/TRAD2013021 Journal of World Trade
  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Joseph Michael Finger, World Bank, Retired.
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
  • Print ISSN 1011-6702
    • ]]>     Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013021     The World Bank Group Trade Strategy: Fit for Purpose? http://www.kluwerlawonline.com/TRAD2013022 Journal of World Trade
  • Content Type Journal Article
  • Part of Volume 47, Issue 3
  • Authors
    • Bernard Hoekman
  • Journal Journal of World Trade
  • Online ISSN 1011-6702
  • Print ISSN 1011-6702
    • ]]>     Thu, 16 May 2013 12:00:00 +0000 http://www.kluwerlawonline.com/TRAD2013022