The Second Tuna GATT Panel Report

1995 ◽  
Vol 8 (1) ◽  
pp. 135-150 ◽  
Author(s):  
Friedl Weiss
Keyword(s):  
Developing Countries ◽  
Free Trade ◽  
World Trade ◽  
Environmental Standards ◽  
Production Processes ◽  
National Differences ◽  
Global Environmental ◽  
Trade Sanctions ◽  
Environmental Measures ◽  
General Exceptions

Comparative advantage which motors free trade crucially depends on national differences in respect of endowment with resources – e.g. natural,human, technological – and with factors and standards of production, including standards on production processes. Yet, is it open to any GATT contracting party to unilaterally force its own standards upon others?Moreover, is it permissible for a contracting party to enforce such standards by means of ‘trade sanctions’ in the form of import prohibitions against another whose environmental standards regarding certain production processes it has judged inferior to its own? The answer is a resounding ‘yes’ from some exponents of the environmental constituency, arguing that values pertaining to global environmental welfare should prevail. Similarly, some members of the GATT constituency, particularly developing countries, emphatically reject what it they term ‘eco-imperialism’.Generally, their argument is that, in order to safeguard the welfare of world trade against disguised protectionist aberrations, governmental environmental measures must be justified under the general exceptions of GATT.

scholarly journals From Preferential Trade Arrangements to Free Trade Agreements: One of the Downturns of Cooperation in International Relations?

2020 ◽  
Vol 9 (8) ◽  
pp. 139 ◽  
Author(s):  
Jose Jaime Baena-Rojas ◽  
Susana Herrero-Olarte
Keyword(s):  
Developing Countries ◽  
International Relations ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Developed Countries ◽  
Tariff Preference ◽  
Preferential Trade ◽  
Trading Partners

Since the signing of the General Agreement on Tariffs and Trade (GATT) and the creation of the World Trade Organization (WTO), preferential trade agreements (PTAs) have been an interesting tool to promote international cooperation through the granting of non-reciprocal and/or unilateral tariff preferences by developed countries to developing countries. These international agreements have tended to generate critical trade dependencies for the receiving countries. Due to the circumstances of world trade and due to the lack of interest of the grantors to maintain this type of tariff preference, these developing countries are forced to renegotiate their PTAs into to free trade agreements (FTAs). To demonstrate this, we conducted a qualitative analysis to characterize the behavior of PTAs and their impact on the configuration of FTAs and to obtain indicators and trends. The results suggested a predominance of FTAs and a decline in PTAs. This was done to maintain access to the markets within those granting countries, which also became the main trading partners of these PTA recipient countries.

scholarly journals World Trade Organization, Negara Berkembang dan Special and Diferrential Treatment

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Fatma Muthia Kinanti
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Agricultural Sector ◽  
Differential Treatment ◽  
Global Trade ◽  
Trade Barriers ◽  
Global Society ◽  
The Impact

Perdagangan bebas menjadi isu yang semakin menguat dalam pergaulan global saat ini. Berbagai perjanjian baik multilateral, regional dan bilateral yang mengatur mengenai penekanan hambatan perdagangan semakin banyak. WTO sebagai peraturan induk dan merupakan sumber hukum utama dari perdagangan bebas telah berjalan selama lebih dari satu dekade. Sejak pembentukan WTO terbukti bahwa partisipas masyarakat internasional dalam perdagangan global semakin meningkat. Namun, beberapa kritik muncul terutama dari negara berkembang yang merasa belum mendapatkan manfaat dari perdagangan bebas. Isu ini kemudian muncul dalam negosiasi WTO yang menghasilkan konsep Special and Differential Treatment (SDT) yang diadopsi dalam ketentuan-ketentuan WTO. Penelitian ini mengangkat tema besar mengenai ketentuan-ketentuan dan kerjasama WTO yang mencerminkan perdagangan bebas dan kaitannya dengan negara berkembang. Beberapa hal yang disorot adalah bagaimana pengaturan dalam WTO terkait perlakuan berbeda (Special and Differentiated Treatment) yang diberikan kepada negara-negara berkembang. Selain itu penelitian ini difokuskan juga untuk menganalisis diferensiasi antara negara-negara berkembang dalam WTO. Kemudian, analisis difokuskan terhadap peran dan dampak Doha Development dan Bali Round terkait negara berkembang terutama di sektor agrikultur dan dampak adanya diferensiasi dari negara berkembang.<br /><br />Free trade is an issue that has gained strength in today’s global society. Various multilateral treaties, regional and bilateral governing the suppression of trade barriers more. WTO as a central rule and is the main legal source of free trade has been running for more than a decade. Since the establishment of the WTO proved that the participation and the international community in global trade is increasing. However, some criticism arose primarily from developing countries that have not benefited from free trade. This issue arises in WTO negotiations that resulted in the concept of Special and Differential Treatment (SDT), which was adopted in the WTO provisions. This study raised the major themes of the provisions of the WTO and cooperation that reflects the free trade and its relation to developing countries. Some of the things highlighted was how the settings related to differential treatment in the WTO granted to developing countries. In addition, research is focused also to analyze the differentiation between developing countries in the WTO. Then, the analysis focused on the role and impact of the Doha Development Round and Bali related to developing countries, particularly in the agricultural sector and the impact of the differentiation of developing countries.<br /><br />

scholarly journals Free Trade Agreements: WTO and ASEAN Implications

2004 ◽  
Vol 20 ◽  
pp. 95-111
Author(s):  
Jose L. Tongzon
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Trade Negotiations ◽  
Multilateral Trade ◽  
The World ◽  
Asean Countries

The World Trade Organization (WTO) (formerly GATT) was established primarily to achieve free trade across the globe based on the principle of non-discrimination and the process of multilateral trade negotiations. The fact that most countries are members of WTO reflects the worldwide belief in the benefits of a global free trade. Despite its achievements since the first round of multilateral trade negotiations was held, the effectiveness of the process has been called into question. Most WTO members are now proposing new regional trading arrangements (RTAs), such as free trade agreements (FTAs). What implication does these RTAs have for the WTO and ASEAN countries? Should ASEAN countries give regionalism priority over the WTO-based multilateral approach? To answer this questions, this paper will first summarize the motivations behind the formation of RTAs before presenting the merits and demerits of RTAs as an approach to achieve universal free trade and maximize developing countries' welfare. It is argued that despite its inherent limitations it is important for ASEAN countries to remain primarily committed to the principles of WTO and the process of multilateral trade negotiations.

scholarly journals Bilateral Agreements and Fair Trade Practices: A Policy Analysis of the Colombia-U.S. Free Trade Agreement (2006)

Con-texto ◽  
2015 ◽  
pp. 77
Author(s):  
Kevin J. Fandl
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Policy Analysis ◽  
Free Trade ◽  
Fair Trade ◽  
World Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The World ◽  
Bilateral Approach

<p>This article brings to the attention of those public servants involved in the design and negotiation of free trade agreements between the United States and developing countries, such as Colombia, the potential benefits and drawbacks of negotiating in a bilateral forum. Rather than critiquing the free trade agreement for its particular provisions, this article examines the U.S. policy of negotiating bilaterally with developing countries as opposed to multilaterally in the world trade system and what effects such an approach might have on the economic development of the latter. Using an incremental policy analysis, the article critiques the bilateral approach in terms of economic development and fair trade negotiations using the recent Colombia-U.S. trade agreement as a case study. The article concludes that a bilateral approach that is disconnected from a broader multilateral context may be detrimental to developing countries and recommends increased oversight of such agreements by the World Trade Organization to ensure a higher degree of fairness.</p>

Free International Trade and Protection of the Environment: Irreconcilable Conflict?

1992 ◽  
Vol 86 (4) ◽  
pp. 700-727 ◽  
Author(s):  
Thomas J. Schoenbaum
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Natural World ◽  
Trading System ◽  
International Consensus ◽  
Global Environmental Problems ◽  
Global Environmental ◽  
Multilateral Trading System ◽  
Policy Measures ◽  
Environmental Measures

States should cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problems of environmental degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as possible, be based on an international consensus.Principle 12 Rio Declaration on Environment and DevelopmentThe global multilateral trading system and its centerpiece, the General Agreement on Tariffs and Trade (GATT), are facing a new challenge from a quite unexpected quarter. The GATT is under attack by some in the environmental community who charge that international free trade blindly fosters the exploitation of natural resources. The GATT is depicted as a sinister charter that allows “big business” a free hand to plunder the bounty of the natural world. In certain environmentalists’ view, “free trade can destroy the environment.” Thus, a segment of the large and influential environmentalist lobby has joined the growing coalition of interests seeking to scuttle what is left of international free trade.

Proliferation of Free Trade Agreements and Some Systemic Issues - In Relation to the WTO Disciplines and Development Perspectives

2008 ◽  
Vol 1 (1) ◽  
Author(s):  
Mitsuo Matsushita ◽  
Y.S. Lee
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Free Trade ◽  
World Trade ◽  
Major Part ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Trading System ◽  
The World ◽  
Common Interests

In recent decades, free trade agreements have been proliferated and have become a major part of the global trading system, along with the multilateral framework represented by the World Trade Organizations. This article discusses some of the major issues with FTA in relation to the WTO disciplines and also examines their implications for developing countries from the perspective of economic development. A global FTA network is proposed as a means to coordinate different, often conflicting rules among different FTAs and to promote common interests and concerns of developing countries.

Trade sanctions and green trade liberalization

2010 ◽  
Vol 15 (4) ◽  
pp. 379-394 ◽  
Author(s):  
ALIREZA NAGHAVI
Keyword(s):  
Trade Liberalization ◽  
World Trade ◽  
Trade Policies ◽  
Environmental Standards ◽  
Equilibrium Outcome ◽  
Trade Sanctions ◽  
Credible Threat ◽  
The Impact ◽  
Optimal Tariff ◽  
Pollution Havens

ABSTRACTThis paper studies the impact of a World Trade Organization withdrawal of trade concessions against countries that fail to respect globally recognized environmental standards. We show that a punishing tariff can be effective when environmental and trade policies are endogenous. When required standards are not too stringent with respect to the marginal damage of pollution, compliance along with free trade as a reward is the unique equilibrium outcome. A positive optimal tariff in the case of non-compliance prevents complete relocation to pollution havens, but only works as a successful credible threat and does not emerge in equilibrium.

Free Trade and/or Environmental Protection?

2015 ◽  
Vol 15 (4) ◽  
pp. 105-129 ◽  
Author(s):  
Thomas Bernauer ◽  
Quynh Nguyen
Keyword(s):  
Developing Countries ◽  
Environmental Protection ◽  
Trade Liberalization ◽  
Free Trade ◽  
Economic Integration ◽  
Trade Agreements ◽  
Environmental Standards ◽  
Political Leaders ◽  
Trade Off ◽  
International Trade Agreements

Many political leaders of the Global South oppose linkages between trade liberalization and environmental protection. We field-tested a combination of surveys and conjoint experiments in Costa Rica, Nicaragua, and Vietnam to examine whether citizens in developing countries share this position. The results show that citizens do not view economic integration and environmental protection as a trade-off. To the contrary, individuals with greener preferences are more supportive of trade liberalization. Furthermore, and in contrast to prevailing government rhetoric, the majority of citizens support environmental clauses in trade agreements. These findings suggest that there might be room for more ambitious efforts to include environmental standards in international trade agreements.

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