scholarly journals Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products

2005 ◽  
Vol 4 (S1) ◽  
pp. 133-157
Author(s):  
Kyle Bagwell ◽  
Alan O. Sykes
Keyword(s):  
World Trade Organization ◽  
Vegetable Oils ◽  
World Trade ◽  
Band System ◽  
Agricultural Products ◽  
Oil Seeds ◽  
Product Categories ◽  
Safeguard Measures ◽  
The World ◽  
Gatt 1994

This study addresses the dispute brought to the World Trade Organization (WTO) by Argentina concerning certain Chilean measures affecting the importation of wheat, wheat flour, oil seeds, edible vegetable oils and sugar. The complaint by Argentina challenged two types of policies – a “price band system” that was applicable to four of those product categories, and safeguards measures that were applicable to three of them. The WTO panel ruled in favor of Argentina on both sets of measures. It found that the price band system violated Article IV of the Agriculture Agreement and Article II of GATT 1994. The safeguards measures, according to the panel, violated various provisions of the Safeguards Agreement, as well as Article XIX of GATT 1994. Chile elected not to appeal the panel ruling regarding the safeguards measures, but did appeal the adverse finding as to the price band system.

scholarly journals Chile – price band system and safeguard measures relating to certain agricultural products

2004 ◽  
Vol 3 (3) ◽  
pp. 507-528 ◽  
Author(s):  
KYLE BAGWELL ◽  
ALAN O. SYKES
Keyword(s):  
World Trade ◽  
Band System ◽  
Agricultural Products ◽  
Substantial Part ◽  
Oil Seeds ◽  
Product Categories ◽  
Safeguard Measures ◽  
Appellate Body ◽  
The World ◽  
Gatt 1994

This paper addresses the dispute brought to the World Trade Organization (WTO) by Argentina concerning certain Chilean measures affecting the importation of wheat, wheat flour, oil seeds, edible vegetable oils and sugar. The complaint by Argentina challenged two types of policies – a ‘price band system’ that was applicable to four of those product categories, and safeguard measures that were applicable to three of them. The WTO panel ruled in favor of Argentina on both sets of measures. It found that the price band system violated Article IV of the Agriculture Agreement and Article II of GATT 1994. The safeguard measures, according to the panel, violated various provisions of the Safeguards Agreement, as well as Article XIX of GATT 1994. Chile elected not to appeal the panel ruling regarding the safeguard measures, but did appeal the adverse finding as to the price band system. The Appellate Body subsequently affirmed in substantial part the finding that the price band system violated Article 4 of the Agriculture Agreement, but reversed the finding of a violation under Article II of GATT 1994. Chile has since indicated an intention to comply with the ruling, and an arbitration pursuant to Article 21.3 of the DSU determined that the reasonable period of time for compliance would expire on December 23, 2003.

scholarly journals Canada – Dairy: Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk

2003 ◽  
Vol 2 (S1) ◽  
pp. 236-280
Author(s):  
Merit E. Janow ◽  
Robert W. Staiger
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dairy Products ◽  
The World ◽  
Gatt 1994

This paper summarizes and critically reviews the dispute brought before the World Trade Organization (WTO) concerning Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk, euphemistically referred to herein as Canada – Dairy. This dispute is centered on the WTO Agricultural Agreement, though it also involves the WTO Subsidies and Countervailing Measures (SCM) Agreement and GATT – 1994.

The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction

2015 ◽  
Vol 109 (1) ◽  
pp. 95-125 ◽  
Author(s):  
Lorand Bartels
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Public Order ◽  
Plant Life ◽  
The World ◽  
Human Animal ◽  
The Right ◽  
General Exceptions ◽  
Gatt 1994 ◽  
Wto Agreements

One of the most important issues in the law of the World Trade Organization is the right of WTO members to adopt measures for nontrade purposes. In the WTO’s General Agreement. on Tariffs and Trade (GATT 1994) and General Agreement on Trade in Services (GATS), this right is secured in general exceptions provisions, which permit WTO members to adopt measures to achieve certain objectives, notwithstanding any other provisions of these agreements and also, in some cases, other WTO agreements. These objectives include, most importantly, the protection of public morals, the maintenance of public order, the protection of human, animal, or plant life or health, the enforcement of certain domestic laws, and the conservation of exhaustible natural resources.

International Trade in Carbon Units under GATT 1994 and Free Trade Agreements

2018 ◽  
Author(s):  
James Munro
Keyword(s):  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Economic Value ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Case Law ◽  
Appellate Body ◽  
The World ◽  
Gatt 1994

Chapter 4 examines whether carbon units qualify as ‘goods’/‘products’ under GATT 1994 and free trade agreements covering goods. Despite complexities, the analysis of Chapter 4 concludes that, on balance, the better view is that ‘carbon units’ do qualify as ‘products’ and ‘goods’ under GATT 1994 and free trade agreements covering goods. This is because they can be possessed, stored, traded across borders, and hold economic value. The most challenging aspect is the lack of obvious ‘production’ involved in some classes of units. However, since some units are clearly ‘produced’, and since all units are fungible and are, to some degree, in a competitive market relationship with one another, regardless of how they are created, it would be anomalous if only some classes of carbon units were covered. If, however, the Appellate Body of the World Trade Organization were to determine—contrary to existing case law—that tangibility is a threshold requirement of ‘goods’/‘products’, it is clear that no carbon units would qualify.

scholarly journals The Security Exception In WTO Law: Entering a New Era

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 45-50 ◽  
Author(s):  
Tania Voon
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Potential Threat ◽  
New Era ◽  
Multilateral Trade ◽  
The World ◽  
Gatt 1947 ◽  
Gatt 1994

For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.

scholarly journals IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969

2021 ◽  
Vol 10 (2) ◽  
pp. 163
Author(s):  
Velicia Theoartha Manalu ◽  
Sinta Dewi Rosadi ◽  
Prita Amalia
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Research Result ◽  
Agricultural Products ◽  
Vienna Convention ◽  
International Guidelines ◽  
The World ◽  
The Government ◽  
Animal Trade

<em>The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO)  to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease</em>

Special Safeguard Mechanism for Agriculture: Implications for Developing Members at the World Trade Organization

2021 ◽  
Vol 22 (5-6) ◽  
pp. 835-859
Author(s):  
Abhijit Das ◽  
Sachin Kumar Sharma ◽  
Raihan Akhter ◽  
Teesta Lahiri
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Agricultural Products ◽  
Policy Space ◽  
Technical Aspects ◽  
Special Cases ◽  
The World ◽  
Safeguard Mechanism ◽  
Tariff Reductions

Abstract With rising levels of food and livelihood insecurity among poor farmers, many developing members at the World Trade Organization (WTO) are demanding a special safeguard mechanism (SSM) for shielding their agriculture from import surges and price declines. Similar to special agricultural safeguards (SSGs) which are available only to some members, SSM seeks to provide flexibility to developing members to breach the bound tariff in special cases of import surges and price dips. In this context, this study identifies the agricultural products facing import surges in eight selected developing members. The study evaluates the policy space available to selected members in terms of tariff overhang under their existing schedules as well as proposed tariff reductions under agriculture negotiations. Besides this, it critically scrutinizes various issues such as cross-check conditions, triggers and remedies in order to highlight the sensitivities of developing members in accessibility, effectiveness, and other technical aspects of SSM.

scholarly journals China’s trade competitiveness in the area of agricultural products after the implementation of the World Trade Organization commitments

2018 ◽  
Vol 64 (No. 9) ◽  
pp. 379-388 ◽  
Author(s):  
 Fojtíková Lenka
Keyword(s):  
World Trade Organization ◽  
Comparative Advantage ◽  
World Trade ◽  
Negative Impact ◽  
Trade Deficit ◽  
Agricultural Trade ◽  
State Regulation ◽  
Agricultural Products ◽  
Revealed Comparative Advantage ◽  
The World

The paper provides evidence on the implementation of China’s trade commitments into its institutional and legal environment, which influenced its agricultural trade. The contribution to the trade balance index and the revealed comparative advantage index are used for the identification of changes in China’s export competitiveness in agricultural products between 2001 and 2015. The World Trade Organization (WTO) trade liberalisation, followed by changes in the structure of economy, contributed to China building a trade deficit in the area of the agricultural products and losing competitiveness in some products. China gradually liberalised its agricultural trade in compliance with the WTO commitments. However, relatively high protection or state regulation of the domestic market has remained in products that China exports with a revealed comparative disadvantage. The existence of the state trading can also have a negative impact on the results of China’s revealed comparative advantage in its exports of agricultural products.

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