scholarly journals The WTO in an Era of Preferential Trade Agreements: Thick and Thin Institutions in Global Trade Governance

2017 ◽  
Vol 16 (3) ◽  
pp. 501-526 ◽  
Author(s):  
SILKE TROMMER

AbstractThis article examines how fragmentation of the global trade regime into preferential agreements, built on a multilateral baseline of World Trade Organization (WTO) rules, affects trade governance. The analysis relies on 105 interviews with trade policy professionals in core WTO members and a conceptual distinction between ‘thick’ and ‘thin’ institutionalism to capture institutional changes in the global trade governance architecture. The WTO's thick institutionalism facilitates institutionalized interactions among members of the trade policy community that are essential for transparency and dialogue and the rule of law character of the trade regime. It secures the continued belief of trade policy professionals in the WTO's centrality in trade governance. The thin institutionalism of the network of preferential agreements spells the return toà la carteforms of trade governance and benefits those with the technical and political capacity to successfully navigate the fragmented governance architecture. Ongoing institutional transformations shift global trade governance away from rules-based back to more power-based forms.

2021 ◽  
Vol 25 ◽  
Author(s):  
Clive Vinti

ABSTRACT Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue "Trade Policy Directives" subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, there is uncertainty as to how trade policy is formulated under section 5 of the ITAA and the rights of affected parties in this regard. Thus, this article offers an exposition of the process of trade policy formulation under section 5 of the ITAA. To this end, it is my view that trade policy formulation under section 5 must be guided by section 195 of the Constitution, which requires that the public must be "encouraged" to participate in policy formulation and that this must occur in a climate of openness, transparency and accountability. In the narrower sense, it is also my view that interested parties must be given an opportunity to participate in trade policy formulation on the ground of procedural rationality and to avoid a charge of arbitrariness as twin components of the rule of law. Keywords: Trade policy; International Trade Administration Act; rule of law; legality; rationality; arbitrariness; transparency; accountability; governance.


AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 302-308 ◽  
Author(s):  
Freya Baetens

In his thought-provoking and timely article, Pauwelyn asks how it can be “that today’s perception of two parallel processes involving the legalization of world politics, and on two closely related subjects of global economic affairs—cross-border trade and cross-border investment—differs so much?” He focuses on one explanation: the individuals deciding World Trade Organization (WTO) versus International Centre for the Settlement of Investment Disputes (ICSID) disputes.


2008 ◽  
Vol 62 (3) ◽  
pp. 477-505 ◽  
Author(s):  
Jeffrey Kucik ◽  
Eric Reinhardt

Do flexibility provisions in international agreements—clauses allowing for legal suspension of concessions without abrogating the treaty—promote cooperation? Recent work emphasizes that provisions for relaxing treaty commitments can ironically make states more likely to form agreements and make deeper concessions when doing so. This argument has particularly been applied to the global trade regime, the General Agreement on Tariffs and Trade (GATT) and its successor, the World Trade Organization (WTO). Yet the field has not produced much evidence bearing on this claim. Our article applies this claim to the global trade regime and its chief flexibility provision, antidumping. In contrast to prior work, this article explicitly models the endogeneity and selection processes envisioned by the theory. We find that states joining the WTO are more likely to adopt domestic antidumping mechanisms. Likewise, corrected for endogeneity, states able to take advantage of the regime's principal flexibility provision, by having a domestic antidumping mechanism in place, are significantly more likely to (1) join the WTO, (2) agree to more tightly binding tariff commitments, and (3) implement lower applied tariffs as well.


2021 ◽  
Vol 2021 (4) ◽  
pp. 29-52
Author(s):  
Tamara Ostashko ◽  
◽  

The paper discusses trends of the world trade development towards multipolarity that is caused by the increasing impact of “newly emerged” leaders, in particular China, and weakening of the domination of “traditional” transatlantic leaders. The development of multipolarity in the world trade is supported by the processes of trade regionalization, especially by signing of megaregional trade agreements on the base of the current balance of power in the world trade. The details of the regional trade agreements concluded by the world trade leaders – USA, EU and China are described. The academic discussion on the role of Regional Comprehensive Economic Partnership (RCEP) leads to the conclusions that creation of RCEP will induce the creation of a new world trade pole in Asia and the Pacific region during the next decades, where China will play a leading role. The future of the World Trade Organization and the WTO fundamental principle of multilateral trade relations is the most controversial issue in connection with the development of multipolarity of the world trade. Challenges that were faced by the WTO due to trade digitalization, COVID-19 pandemic and climate changes are analyzed, alongside with sources and causes of the WTO crisis. The spreading of economic patriotism (nationalism) trend that manifests itself in trade as a policy of protectionism is discussed in the context of the transition to multipolarity in the world trade . The development of multipolarity in the world trade is followed by the processes that must be considered in the shaping of Ukrainian trade policy. The ability of Ukraine to get its “space for maneuver”, which will allow to increase the country’s economic potential in the framework of the new world trade configuration, depends upon this country’s trade policy that is grounded on the analysis of risks and opportunities in the trade relations with “major players” in the world trade. Development of the trade with China creates significant risks of the increasing of raw materials orientation of export and strengthening dependence on the import of industrial goods from China. Vital risks also follow signing of the credit and investment agreements with China. Chinese investment in agriculture and food industry are the riskiest as they use natural potential of the recipient countries and Chinese technologies to diversify the sources of the food import to China. The shaping of the Ukrainian trade policy with the EU countries in the medium term will be influenced by latter’s new trade policy of Open Strategic Autonomy. The main challenge is created by the EU plans to implement the Carbon Border Adjustment Mechanism (CBAM), which provides for the import tax on the import of the electricity, cement, aluminum, fertilizers, and products from steel and iron. The opportunities, created by the new EU trade policy for Ukraine have emerged due to the EU’s declared support to the countries of the Eastern Partnership that have DCFTA with EU, including green and digital transition. The principle of “autonomy” in the new EU trade policy emphasizes the EU’s ability to make its own choices, reflecting its strategic interests, which has features of the policy of economic nationalism and protectionism and will create a “corridor of opportunities” for pursuing protection measures for the development of domestic industries.


2006 ◽  
Vol 68 (1) ◽  
pp. 101-131
Author(s):  
James Bernard Murphy

Philosophers and lawyers have long argued about the relation of law to politics: “does the king make law” or “does law make the king”? This persistent debate stems from two different perspectives on the nature of law. Professors of law have long noted that laypersons tend to speak of “a law” and the “laws” while lawyers tend to speak more holistically of “the law.” After discussing how rival perspectives in legal theory can be compared and evaluated, several dimensions of this contrast between the lay and the lawyerly conceptions of law: the individuation of laws, the sources of law, the ethical and imperative aspects of law, and the nature of the rule of law are analyzed. The distinction between a lawyerly and a lay perspective on law is reflected in the traditional linguistic and conceptual distinction between ius and lex. Many of the classic philosophers of law, from Plato to Hobbes, are rank laymen when it comes to their descriptions of law since the lawyerly understanding of law has only very recently achieved philosophical articulation.


Ekonomika ◽  
2013 ◽  
Vol 92 (3) ◽  
pp. 7-23
Author(s):  
Anna Wróbel

Abstract. The aim of the study is to analyze the EU trade policy in the age of the World Trade Organization (WTO) crisis. In addition to the WTO membership and a number of international agreements within this organisation, the EU is a party to many bilateral trade agreements and negotiating further. It is the side effect of the protracted negotiations in the WTO under the Doha Development Round. The paper discusses the process of proliferation of bilateral trade agreements in the world economy and its importance for the EU. The article is divided into three parts. Part One identifies the determinants of the WTO crisis. Part Two discusses the process of proliferation of bilateral trade agreements in the world economy. Part Three analyzes the EU trade policy and the system of the EU preferential trade agreements. It also examines trade relations of the EU with the Republic of Korea, India, and the United States of America as an illustration of the new EU trade strategy.Key words: bilateralism, European Union, common commercial policy, World Trade Organisation


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