The Transformation of the World Trading System through the 1994 Agreement Establishing the World Trade Organization

1995 ◽  
Vol 6 (2) ◽  
pp. 161-221 ◽  
Author(s):  
Ernst-Ulrich Petersmann
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Trading System ◽  
The World ◽  
World Trading System

Trade and Environment in the World Trading System: A Decade of Stalemate?

2001 ◽  
Vol 1 (4) ◽  
pp. 1-9 ◽  
Author(s):  
Marc Williams
Keyword(s):  
Sustainable Development ◽  
World Trade Organization ◽  
World Trade ◽  
Trade And Environment ◽  
Trading System ◽  
The Past ◽  
System A ◽  
The World ◽  
World Trading System

This article assesses the first decade of the trade-environment debate, and explores the possibilities for reconciliation of competing positions on trade-environment issues. It explores three aspects of the continuing conflict over trade and environment in the World Trade Organization. Rejecting both optimistic and pessimistic accounts of the past and future of the trade-environment debate it argues that important changes have occurred that have transformed the debate. But, despite the normalization of the trade-environment debate around the concept of sustainable development significant points of contention remain among the various participants.

scholarly journals The World Trade Organization and the Future of Multilateralism

2016 ◽  
Vol 30 (1) ◽  
pp. 95-116 ◽  
Author(s):  
Richard Baldwin
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Production Networks ◽  
Trading System ◽  
International Production ◽  
The World ◽  
The Future ◽  
World Trading System ◽  
Tariff Liberalization ◽  
Pillar Structure

When the General Agreement on Tariffs and Trade was signed by 23 nations in 1947, the goal was to establish a rules-based world trading system and to facilitate mutually advantageous trade liberalization. As the GATT evolved over time and morphed into the World Trade Organization in 1993, both goals have largely been achieved. The WTO presides over a rule-based trading system based on norms that are almost universally accepted and respected by its 163 members. Tariffs today are below 5 percent on most trade, and zero for a very large share of imports. Despite its manifest success, the WTO is widely regarded as suffering from a deep malaise. The main reason is that the latest WTO negotiation, the Doha Round, has staggered between failures, flops, and false dawns since it was launched in 2001. But the Doha logjam has not inhibited tariff liberalization—far from it. During the last 15 years, most WTO members have massively lowered barriers to trade, investment, and services bilaterally, regionally, and unilaterally—indeed, everywhere except through the WTO. For today's offshoring-linked international commerce, the trade rules that matter are less about tariffs and more about protection of investments and intellectual property, along with legal and regulatory steps to assure that the two-way flows of goods, services, investment, and people will not be impeded. It’s possible to imagine a hypothetical WTO that would incorporate these rules. But the most likely outcome for the future governance of international trade is a two-pillar structure in which the WTO continues to govern with its 1994-era rules while the new rules for international production networks are set by a decentralized process of sometimes overlapping and inconsistent mega-regional agreements.

No More Strategical Neutrality on Technological Neutrality: Technological Neutrality as a Bridge Between the Analogue Trading Regime and Digital Trade

2021 ◽  
pp. 1-15
Author(s):  
Dongchul Kwak
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Legal Issues ◽  
Neutral Position ◽  
Trading System ◽  
Cross Border ◽  
The World ◽  
World Trading System ◽  
Digital Nature ◽  
Trading Regime

Abstract The World Trade Organization (WTO), a unique multilateral trading regime, has failed to establish its relevance to the digital nature of trade. This article revisits the ‘principle of technological neutrality’ to make the cross-border supply of services by electronic means subject to the current rules-based trading regime. I argue that the principle of technological neutrality could help resolve a number of thorny legal issues: confirming the applicability of the General Agreement on Trade in Services (GATS) rules to the delivery of services by electronic means; providing a guideline to determine the likeness of services in the era of digital trade; and backing up an evolutionary approach to interpreting the GATS schedules of commitments. However, the WTO adjudicatory bodies have been reluctant to rely on the principle of technological neutrality, which is referred to as strategic neutrality in this article. This article urges the WTO adjudicatory bodies to abandon their strategically neutral position on technological neutrality immediately. It also explores ways to incorporate the principle of technological neutrality into the world trading system at the bilateral, plurilateral, and multilateral levels.

Conclusion

2020 ◽  
pp. 315-322
Author(s):  
Douglas A. Irwin
Keyword(s):  
International Trade ◽  
World Trade ◽  
Trade Policies ◽  
Trading System ◽  
The World ◽  
World Trading System ◽  
And Function ◽  
Open Markets ◽  
The Impact ◽  
Role And Function

This chapter concludes that international trade and trade policies are frequently the object of condemnation rather than approbation. It explains how the condemnation are often the result of misconceptions about the benefits of international trade, the impact of trade policies, and the role and function of the World Trade Organization (WTO). Though the last few decades have been marked by a general reduction in trade barriers, the matter is not settled because the pressures to weaken the commitment to open markets never abate. The chapter emphasizes on difficult policy choices at the intersection of trade policy and climate change that could hold key battles over the world trading system in coming years. It also highlights the several benefits of world trade and the contribution of trade to the welfare and prosperity of billions of people around the world.

Digital Trade, E-Commerce, the WTO and Regional Frameworks

2019 ◽  
Vol 18 (S1) ◽  
pp. S1-S7 ◽  
Author(s):  
MERIT E. JANOW ◽  
PETROS C. MAVROIDIS
Keyword(s):  
World Trade ◽  
Industrial Revolution ◽  
Uruguay Round ◽  
Information Economy ◽  
Trading System ◽  
Fourth Industrial Revolution ◽  
The Us ◽  
The World ◽  
Modern Business ◽  
World Trading System

The digitalization of trade is a reality, and yet the regulation of the world trading system as embedded in the World Trade Organization (WTO) only tangentially, if at all, touches upon this issue. True, digitalization of the economy, the fourth industrial revolution as it is colloquially referred to, is a recent phenomenon, and to some extent post-dates the conclusion of the Uruguay round agreements (1994). True also, however, is the reality that the world trading system has shown a remarkable inability to adjust to modern business realities in its multilateral rule architecture. To the extent these transformations are being reflected in new rules, they are being introduced in regional or bilateral frameworks, albeit in an incomplete fashion. It is also the case that the world is witnessing several different regimes around data and information economy developing in the world today – most notably in the US, Europe, and China. As always, part of the reason that international frameworks have not been born stems from the fact that international rules rarely occur before domestic regulatory and legal regimes are well developed.

scholarly journals A rodada do uruguai e o meio ambiente: o florescimento da tutela jurídica ambiental no sistema multilateral de comércio / The Uruguay Round and the Environment: the blooming of the environmental protection in the multilateral trading system

2017 ◽  
Vol 13 (3) ◽  
pp. 295
Author(s):  
Arno Dal Ri Júnior ◽  
Mariana Clara De Andrade
Keyword(s):  
World Trade Organization ◽  
Environmental Protection ◽  
World Trade ◽  
Uruguay Round ◽  
Environmental Law ◽  
Trading System ◽  
International Environmental Law ◽  
Multilateral Trading System ◽  
The World ◽  
The Multilateral Trading System

 ResumoO presente artigo aborda as negociações internacionais relativas à tutela ambiental no sistema multilateral de comércio no período que compreende o fim da Rodada de Tóquio (1979) até o fim da Rodada do Uruguai (1994) e a instituição da Organização Mundial do Comércio. Para tanto, analisa-se brevemente as mudanças surgidas no cenário do Direito Internacional Ambiental no ínterim situado entre as duas rodadas referidas para que se contextualize os impactos dos eventos ocorridos no período, particularmente com os adventos da Conferência de Estocolmo (1972) e a Rio-92 (1992). A partir disso, são analisados documentos das negociações do grupo GATT relevantes a questões ambientais, com o objetivo de se verificar o desenvolvimento institucional e normativo ocorrido durante o período citado, com enfoque particular na Rodada do Uruguai. Verifica-se a forte influência dos acontecimentos entre as décadas de 1970 e 1990 no cenário internacional e, particularmente, no sistema multilateral de comércio, culminando com a inclusão da preocupação com o desenvolvimento sustentável no preâmbulo do Acordo Constitutivo da OMC, em 1994.Palavras-chaveGATT; Rodada do Uruguai; Meio Ambiente; Sistema Multilateral de Comércio; Direito Internacional Ambiental. AbstractThe present article studies the international negotiations related to the environmental protection in the multilateral trading system, in the period comprised from the end of the Tokyo Round (1979) to the end of the Uruguay Round and the institution of the World Trade Organization (1994). In order to do so, it describes briefly the changes emerged in the context of International Environmental Law during the interim between the two rounds, so as to expose the impacts of the events that occurred in this period, especially those brought about by the advent of the Stockholm Conference (1972) and the Rio-92 (1992). Afterwards, this work analyses the documents concerning environmental matters produced in the negotiations of the GATT group in the period post-1972, with the aim of verifying the institutional and legal development of the system during the aforementioned interlude, with particular attention to the Uruguay Round. From this perspective, it can be observed the strong influence of the events that took place from 1970 to 1990 in the international scenario and, particularly, in the multilateral trading system, culminating with the assertion of the concern with sustainable development in the Preamble of the Agreement Establishing the World Trade Organization, in 1994. KeywordsGATT; Uruguay Round; Environment; Multilateral Trading System; International Environmental Law.

Linkage Disputes and the Enduring Quest for Legitimacy

2019 ◽  
pp. 91-103
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
Institutional Context ◽  
Trading System ◽  
Trade Offs ◽  
Multilateral Trading System ◽  
The World ◽  
Dispute Settlement System

This chapter sets the scene for the analysis of the Dispute Settlement System (DSS) operation and goal-attainment efforts in ‘linkage’ (or ‘trade-and’) disputes, the dispute category at the centre of Part II. As the chapter explains, linkage disputes have long subjected the World Trade Organization (WTO) and the DSS to intense legitimacy challenges; they thus form an instructive site for examining how the systemic challenges raised in such cases shape DSS goal-attainment efforts, motivate shifts and trade-offs between its goals, and, in consequence, affect DSS effectiveness in realizing its manifold objectives. The chapter first clarifies the notion of legitimacy as employed here, and situates the story of linkage disputes in the broader historical and institutional context of the multilateral trading system. It then unpacks the various legitimacy challenges encapsulated in linkage disputes while highlighting the shifts these challenges seem to generate between DSS goals, engaging the system in a heightened quest after its legitimization objectives.

Sign in / Sign up

Export Citation Format

Share Document