IV. CHINA AND THE WORLD TRADE ORGANIZATION: THE FIRST DECADE

2011 ◽  
Vol 60 (3) ◽  
pp. 788-798
Author(s):  
Lisa Toohey
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Foreign Firms ◽  
The Political ◽  
Controversial Issues ◽  
Political Arena ◽  
The World ◽  
Wto Agreements ◽  
Equality Of Access

By the end of 2011, China will have been a member of the World Trade Organization (the WTO) for a decade. While China has undergone dramatic changes to implement commitments contained in its Protocol of Accession,1debate continues as to whether China has adequately complied with its obligations under the WTO Agreements in both letter and spirit. Some of this debate remains in the political arena, where China is censured over such issues as currency controls and or equality of access for foreign firms like Google; however, it is in the legal arena, and specifically within the WTO's Dispute Settlement Body, that some of the most controversial issues are raised, both against and by China.

scholarly journals Trade-Related Environmental Measures under the World Trade Organization (WTO) in Malaysia: The Analysis of its’ Application

2020 ◽  
Author(s):  
Yanti Ahmad Shafiee ◽  
Asmah Laili Yeon
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
Environmental Protection ◽  
World Trade ◽  
Dispute Settlement ◽  
Secondary Data ◽  
The World ◽  
Phytosanitary Measures ◽  
Environmental Measures ◽  
Wto Agreements

The objective of this study is to explore the application of trade-related environmental measures in Malaysia. Trade-related environmental measures are environmental measures that were invoked which may have an effect on international trade. These measures can be in the form of tariff and non- tariff. As a member of the World Trade Organization (WTO), Malaysia is compelled to apply and implement the environmental provisions of the General Agreement of Tariff and Trade (GATT) and the WTO agreements. However, the ability to fully comply with these agreements needs to be determined as Malaysia’s effort in environmental protection could affect its international trading. In this study the analysis was on Malaysia’s domestic legislations; the GATT, especially Article XX; WTO agreements such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), the Agreement on Technical Barriers to Trade (TBT) and the WTO Dispute Settlement Body decided cases. Secondary data such as journal articles were referred. It is expected that this study could assist in determining the efforts made by Malaysia in finding a balance between international trade and environmental protection.  

A Decade of the World Trade Organization and the Trade Performance of Muslim Countries

2010 ◽  
Vol 27 (4) ◽  
pp. 23-44
Author(s):  
Ruzita Mohd. Amin
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Playing Field ◽  
Muslim Countries ◽  
The World ◽  
The Developed Countries ◽  
Merchandise Trade ◽  
Wto Agreements

The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.

The Sanitary and Phytosanitary Agreement of the World Trade Organization: Debunking Its Reliance on Scientific Evidence and Reluctance to Endorse Potential Biotechnology Risks

2021 ◽  
pp. 1-17
Author(s):  
Muhammad ISLAM
Keyword(s):  
Risk Assessment ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Scientific Evidence ◽  
Scientific Uncertainty ◽  
The World ◽  
Precautionary Measures ◽  
Phytosanitary Measures ◽  
Biotech Products

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) relies on scientific evidence as a conclusive risk assessment criterion, which ignores the inherent limitations of science. This article highlights certain trade-restrictive effects of scientific evidence and comments on the Agreement’s aversions to precautionary measures and the consumer concern of the harmful effects of biotech products that may be necessary to protect public health and biosecurity in many WTO Member States. These measures and concerns have become pressing issues due to surging consumer awareness and vigilance concerning environmental protection and food safety. The Agreement is yet to overcome the weaknesses of its endorsed international standardising bodies, the problematic definition of scientific evidence and treatment of justification for scientific risk assessment methods and the implementation difficulties faced by most developing states. This article analyses these issues under the provisions of the Agreement and the interpretations of the WTO Dispute Settlement Body in disputes involving SPS matters, which fall short of addressing scientific uncertainty surrounding biotech products and their associated risks.

Conclusion

2019 ◽  
pp. 312-332
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Unintended Consequences ◽  
Institutional Changes ◽  
Wto Dispute Settlement ◽  
The World ◽  
International Adjudication ◽  
Dispute Settlement System

The present chapter concludes the work. It sums up the key findings of the study while discussing the results emerging from a comparative analysis of the three categories of disputes examined throughout the book. The chapter then revisits the central arguments put forth in the book and articulates the lessons to be learned for the study of the goals, operation, and effectiveness of the World Trade Organization (WTO) Dispute Settlement System (DSS), and of international courts more broadly. It also discusses some of the insights to be offered with respect to possible institutional changes or reforms of the WTO DSS, with a view to ensuring the system’s future effectiveness. The chapter closes with several observations that go beyond effectiveness, pertaining to the costs and unintended consequences attendant on more effective and empowered international adjudication.

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