scholarly journals Special and differential treatment in the WTO: framing differential treatment to achieve (real) development

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Aniekan Ukpe ◽  
Sangeeta Khorana
Keyword(s):  
Developing Countries ◽  
World Trade Organisation ◽  
Current Approach ◽  
Composite Indicator ◽  
Montreal Protocol ◽  
Differential Treatment ◽  
Eligibility Criteria ◽  
Current Application ◽  
Content Type ◽  
International Trading

Purpose Special and differential treatment (SDT) in the World Trade Organisation (WTO) has failed to integrate developing countries into the international trading system, as contemplated by the WTO Agreement, itself. This paper aims to interrogate the current application of SDT by WTO members as the possible undermining factor for SDT not delivering on its objective. Design/methodology/approach The research uses a qualitative legal methodology. This study conducts desk analysis of primary legal materials and existing literature to assess current reflections of SDT and draw lessons for reforms in the WTO. Findings From interrogating current SDT practice in the WTO and a comparative analysis with a similar differential treatment under the Montreal Protocol, this paper finds that indeed, the problem lies in the current approach to SDT application in the WTO. This study finds that the existing absence of eligibility criteria for determining access to SDT by countries is the core reason for the abuse and sub-optimal outcome from its application. Originality/value While making a case for a rules-based approach to differentiation in the WTO, this paper proposes a unique methodology for differentiating between developing countries for SDT, including the use of a composite indicator to ensure that indicators that are used sufficiently reflect their heterogeneous needs. Drawing inspiration from Gonzalez et al. (2011a), this study introduces an adaptation for selecting a threshold for graduation. Specifically, the proposal on the value of the standard deviation of countries from the weighted mean of the composite indicator as the threshold for graduating countries from SDT is novel.

scholarly journals A contract theory approach to special and differential treatment and the WTO

2017 ◽  
Vol 16 (3) ◽  
pp. 126-140
Author(s):  
Stephanie Switzer
Keyword(s):  
Developing Countries ◽  
Contract Theory ◽  
Incomplete Contracts ◽  
World Trade Organisation ◽  
Legal Framework ◽  
Differential Treatment ◽  
Theory Approach ◽  
Incomplete Contract ◽  
Conceptual Tool ◽  
Content Type

Purpose This paper is prompted by the dissatisfaction of developing countries regarding the grant of special and differential treatment (SDT) under the legal framework of the World Trade Organisation (WTO). As a result of such dissatisfaction, the Doha Round of multilateral trade negotiations explicitly called for a review of such treatment with a view to making it more precise, effective and operational. This mandate has not yet been met to the satisfaction of many developing countries. This paper aims to provide an alternative way of examining and evaluating the contestation which exists regarding SDT in the WTO. Design/methodology/approach This paper uses the conceptual framework provided by the economic contract theory and in particular, the concept of the incomplete contract to provide a scaffold for analysing SDT. This approach is intended to offer insights beyond those elucidated so far in the literature on the topic. Findings This paper, by using an economic contract theory approach, finds that SDT is constructed as an incomplete contract. Furthermore, the suboptimal outcomes associated with incomplete contracts are apparent in the constitution of SDT. This finding is useful in both an evaluative and programmatic sense, providing us with an alternative entry point to explain some of the shortcomings with SDT, as well as garnering us with a useful conceptual tool to think upon how SDT can be improved. Originality/value The paper contributes to the literature on SDT within the WTO in particular and differential treatment in international law in general. Drawing on literature on the WTO as an incomplete contract, the paper provides an original frame for analyzing SDT and draws attention, in particular, to the utility of the economic contract theory as a programmatic and evaluative frame for SDT and differential treatment more generally.

Impact of economic and financial crimes on economic growth in emerging and developing countries

2019 ◽  
Vol 26 (3) ◽  
pp. 910-920 ◽  
Author(s):  
Sani Abubakar Saddiq ◽  
Abu Sufian Abu Bakar
Keyword(s):  
Systematic Review ◽  
Developing Countries ◽  
Negative Impact ◽  
Meta Analysis ◽  
Eligibility Criteria ◽  
Content Type ◽  
Research Reporting ◽  
Financial Crimes ◽  
Emerging And Developing Countries ◽  
The Impact

Purpose The purpose of the study is to investigate the impact of economic and financial crimes on the economies of emerging and developing countries. Design/methodology/approach Preferred Reporting Items for Systematic review and Meta-Analysis (PRISMA) guidelines and meta-analysis of economics research reporting guidelines were used to conduct a quantitative synthesis of empirical evidence on the impact of economic and financial crimes in developing and emerging countries. Findings A total of 103 studies were searched, out of which 6 met the selection/eligibility criteria of this systematic review. The six selected studies indicated that economic and financial crimes have a negative impact in emerging and developing countries. Originality/value To the best knowledge of the authors, no published systematic review of the impact of economic and financial crimes in developing countries has been conducted to date.

Using dispute settlement partnerships for capacity building

2019 ◽  
Vol 18 (1) ◽  
pp. 19-38
Author(s):  
Amrita Bahri ◽  
Toufiq Ali
Keyword(s):  
Developing Countries ◽  
Work Experience ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Structured Interviews ◽  
Content Type ◽  
Working Paper ◽  
Civil Society Organisations ◽  
Wto Dispute Settlement ◽  
Small Market

Purpose World Trade Organisation grants rights to its members, and WTO Dispute Settlement Understanding (DSU) provides a rule-oriented consultative and judicial mechanism to protect these rights in cases of WTO-incompatible trade infringements. However, the DSU participation benefits come at a cost. These costs are acutely formidable for least developing countries (LDCs) which have small market size and trading stakes. No LDC has ever filed a WTO compliant, with the only exception of India-Battery dispute filed by Bangladesh against India. This paper aims to look at the experience of how Bangladesh – so far the only LDC member that has filed a formal WTO complaint – persuaded India to withdraw anti-dumping duties India had imposed on the import of acid battery from Bangladesh. Design/methodology/approach The investigation is grounded on practically informed findings gathered through authors’ work experience and several semi-structured interviews and discussions which the authors have conducted with government representatives from Bangladesh, government and industry representatives from other developing countries, trade lawyers and officials based in Geneva and Brussels, and civil society organisations. Findings The discussion provides a sound indication of the participation impediments that LDCs can face at WTO DSU and the ways in which such challenges can be overcome with the help of resources available at the domestic level. It also exemplifies how domestic laws and practices can respond to international legal instruments and impact the performance of an LDC at an international adjudicatory forum. Originality/value Except one book chapter and a working paper, there is no literature available on this matter. This investigation is grounded on practically informed findings gathered with the help of original empirical research conducted by the authors.

Lean Six Sigma in developing countries: evidence from a large Brazilian manufacturing firm

2018 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Alisson Christian Scheller ◽  
Thayla T. Sousa-Zomer ◽  
Paulo A. Cauchick-Miguel
Keyword(s):  
Developing Countries ◽  
Six Sigma ◽  
Single Case ◽  
Current Approach ◽  
Lean Six Sigma ◽  
Multiple Sources ◽  
Manufacturing Firm ◽  
Content Type ◽  
Manufacturing Company ◽  
Failure Factors

Purpose Although the literature on Lean Six Sigma (LSS) implementation has evolved, a deeper understanding of the LSS practices applied in organisations in developing countries is needed. This paper aims to analyse LSS in a manufacturing company in the context of LSS implementation in an emerging economy. Design/methodology/approach This paper uses case-based research. Data collected in a large manufacturing company through multiple sources of evidence were triangulated to derive the findings. This paper analyses aspects related to the implementation of both programmes and their synergy, as well as some critical and failure factors. Findings The main results show that Lean and Six Sigma are applied separately in two different programmes. Some aspects that are necessary to increase the integration of both approaches were identified while considering each phase of the DMAIC and the current approach applied by the company. Although some positive results have been achieved, there are many critical and failure factors that may influence the implementation of both approaches, such as employee training and changes in the organisational environment. Finally, the comprehensive integration of both approaches needs to be undertaken by the company. Research limitations/implications The findings from this single case study cannot be generalised. Practical implications This paper may be used as a guiding reference for managers and consultants to help them when working towards more successful LSS implementation. Originality/value First, this paper investigates LSS in a manufacturing firm located in a developing country; this issue is still seldom addressed in the literature. Second, it may contribute to practitioners’ knowledge by delivering insights into a real context, as well as the relevant issues to be addressed when implementing LSS in similar contexts.

Building national initiatives of compulsory licences

2015 ◽  
Vol 14 (1) ◽  
pp. 23-48 ◽  
Author(s):  
Thaddeus Manu
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Patent Law ◽  
Content Type ◽  
Compulsory Licensing ◽  
The Public ◽  
National Initiatives ◽  
Bayer Corporation

Purpose – The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences. Design/methodology/approach – The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented inventions locally and the grant of compulsory licences. The discussion that follows is based on a review of the case: Bayer Corporation versus Natco Pharma with a view to presenting a model for developing countries to maintain that the public interest principle of patent law is well-founded in their domestic patent regimes. Findings – The analysis confirms that failure to work locally continues to be abusive of the patent right under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and remains a valid condition on which to grant a compulsory licence. Thus, this reverses the often-contrary misconception that has become almost a unanimous assumption that failure to work basis for granting compulsory licensing would violate Article 27(1) of TRIPS and its enforcement provisions on patent. Originality/value – The author argues that as no member state has challenged the legality of Indian’s decision in the World Trade Organisation, under the dispute settlement understanding (DSU) system is more supportive of the contention that failure to work locally continues to be permissible under TRIPS and remains valid conditions on which member states can grant compulsory licences. This further adds weight to the understanding that nothing in the light of TRIPS would, in fact, preclude any possibility of developing countries amending their patent laws accordingly to maintain that the public interest principle underlining patent law is well-founded in their domestic patent regimes.

Overcoming the SPS concerns of the Bangladesh fisheries and aquaculture sector

2017 ◽  
Vol 16 (2) ◽  
pp. 70-91 ◽  
Author(s):  
Shawkat Alam ◽  
George F. Tomossy
Keyword(s):  
Developing Countries ◽  
Market Access ◽  
Health And Safety ◽  
World Trade Organisation ◽  
Trade Barrier ◽  
Trade Barriers ◽  
Content Type ◽  
Phytosanitary Measures ◽  
The Impact ◽  
Practical Implications

Purpose The purpose of this paper is to address the challenges developing countries face in attempting to balance sanitary and phytosanitary measures (SPS) health and safety measures against concerns about protectionism, illustrated by the impact of trade barriers on the fisheries and aquaculture sector in Bangladesh. The paper then provides recommendations to overcome the effects of these trade barriers. Design/methodology/approach The author uses a close doctrinal approach for the first three parts of the paper by analysing the provisions of the World Trade Organisation (WTO) SPS Agreement and the effect of those provisions in creating domestic compliance gaps in the Bangladeshi fisheries and aquaculture sector. A qualitative approach is then adopted in suggesting potential reforms and future directions to assist the Bangladeshi fisheries and aquaculture sector overcome SPS trade barrier issues. Findings To overcome the market access issues created by SPS trade barriers, Bangladesh and other developing countries require multilateral assistance, accommodation by trading partners and internal reforms. This includes reforming internal governance structures, improving trade participation and negotiation, increasing infrastructure investment and learning from similar countries who have improved their supply chain management. Research limitations/implications This paper will have significant implications by contributing to law and policy reform debates involving international trade law and domestic compliance gaps. It will also assist other developing countries that experience SPS trade barriers to learn from the experience of the Bangladeshi fisheries and aquaculture sector. Practical implications This paper has practical implications by providing recommendations for how Bangladesh can overcome SPS trade barriers and improve its market access. This will help Bangladesh integrate into the global trading system by enhancing its participation in the SPS framework. Social implications By addressing and providing recommendations for the SPS trade barrier challenges faced by Bangladesh fishery and aquaculture sector, this paper provides a framework to improve the economic development and global competitiveness of the industry. This will contribute the gross domestic product growth and help increase the overall living standards of the people involved in the fisheries and aquaculture business in Bangladesh. Originality/value This paper is an original work that has not been published elsewhere. It is the first time a paper has dealt with the legal, policy and compliance challenges faced by the fisheries and aquaculture sector in Bangladesh.

GREEN OPEN ACCESS IN KENYA: A REVIEW OF THE CONTENT, POLICIES AND USAGE OF INSTITUTIONAL REPOSITORIES

Mousaion ◽  
2016 ◽  
Vol 33 (3) ◽  
pp. 25-54
Author(s):  
Wanyenda Leonard Chilimo
Keyword(s):  
Developing Countries ◽  
Open Access ◽  
Descriptive Study ◽  
Google Scholar ◽  
Research Institutions ◽  
Journal Articles ◽  
Content Type ◽  
Institutional Repositories ◽  
Current State ◽  
Theses And Dissertations

 There is scant research-based evidence on the development and adoption of open access (OA) and institutional repositories (IRs) in Africa, and in Kenya in particular. This article reports on a study that attempted to fill that gap and provide feedback on the various OA projects and advocacy work currently underway in universities and research institutions in Kenya and in other developing countries. The article presents the findings of a descriptive study that set out to evaluate the current state of IRs in Kenya. Webometric approaches and interviews with IR managers were used to collect the data for the study. The findings showed that Kenya has made some progress in adopting OA with a total of 12 IRs currently listed in the Directory of Open Access Repositories (OpenDOAR) and five mandatory self-archiving policies listed in the Registry of Open Access Repositories Mandatory Archiving Policies (ROARMAP). Most of the IRs are owned by universities where theses and dissertations constitute the majority of the content type followed by journal articles. The results on the usage and impact of materials deposited in Kenyan IRs indicated that the most viewed publications in the repositories also received citations in Google Scholar, thereby signifying their impact and importance. The results also showed that there was a considerable interest in Swahili language publications among users of the repositories in Kenya.

scholarly journals Corporate debt maturity and economic development

2019 ◽  
Vol 15 (5) ◽  
pp. 669-687 ◽  
Author(s):  
Celia Álvarez-Botas ◽  
Víctor M. González-Méndez
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Financial Crisis ◽  
Firm Size ◽  
Debt Maturity ◽  
Corporate Debt ◽  
Content Type ◽  
Country Level ◽  
The Relationship ◽  
Bank Concentration

Purpose The purpose of this paper is to analyse the effect of economic development on the influence of country-level determinants on corporate debt maturity, bearing in mind firm size and the period of financial crisis. Design/methodology/approach The authors employ panel data estimation with fixed effects to examine the role of economic development in influencing the relationship between country-level determinants on corporate debt maturity. The paper uses a sample of 30,727 listed firms, belonging to 39 countries, over the period 2005–2012. Findings Corporate debt maturity increases with the efficiency of the legal system and bank concentration and decreases with the weight of banks in the economy. However, the importance of these country determinants is greater in developing than in developed countries. The authors also show that firm size in developed and developing countries influences country determinants of corporate debt maturity. Finally, the results reveal that the financial crisis has affected the debt maturity of firms differently in developed and developing countries, with the effect of bank concentration lengthening debt maturity, this effect being more pronounced in developing countries. Practical implications The findings provide useful insights to guide policy decisions providing access to long-term financing, as corporate debt maturity depends on economic development, institutional environment, banking structure and firm size. Originality/value This study incorporates economic development in explaining the relationship between country-level determinants and corporate debt maturity.

When foreign brands appear local, and local brands appear foreign

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Bo Chen
Keyword(s):  
Developing Countries ◽  
Purchase Intention ◽  
Empirical Studies ◽  
Country Of Origin ◽  
Developed Countries ◽  
Brand Names ◽  
Content Type ◽  
Product Categories ◽  
Foreign Brand ◽  
Foreign Brands

PurposeBoth foreign and local companies frequently name their brands in foreign language on the market of developing countries, and some of them choose to disclose the brands' country of origin to consumers. The purpose of this research is to investigate the joint effects between the practices of disclosing the actual country of origin of the brands and the language of the brand names on consumers' purchase intention for foreign brands and local brands in developing countries.Design/methodology/approachThe proposed hypotheses were tested in two studies, namely an experiment and a field experimental survey, with stimuli from two product categories.FindingsThe results of the two empirical studies with Chinese participants consistently demonstrate that revealing the actual country of origin of the brands undermines consumers' purchase intention for local brands that use foreign brand names, but does not impact consumers' purchase intention for foreign brands that use local brand names.Originality/valueThis research first investigates the effects of adapting the brand names into local language of developing countries for brands from developed countries on consumers' purchase intention, which provides new insight into the literature on foreign branding and country of origin effects as well as practical implications for brand managers.

Comparing collective bargaining agreements for developing countries

2015 ◽  
Vol 36 (1) ◽  
pp. 86-102 ◽  
Author(s):  
Janna Besamusca ◽  
Kea Tijdens
Keyword(s):  
Developing Countries ◽  
Collective Bargaining ◽  
Working Hours ◽  
Collective Bargaining Agreement ◽  
Web Based ◽  
Content Type ◽  
Paid Leave ◽  
Collective Agreements ◽  
Country Comparison ◽  
Work Family

Purpose – The purpose of this paper is to fill several knowledge gaps regarding the contents of collective agreements, using a new online database. The authors analyse 249 collective agreements from 11 countries – Benin, Brazil, Ghana, Indonesia, Kenya, Madagascar, Peru, Senegal, Tanzania, Togo, Uganda. The authors research to what extent wage and other remuneration-related clauses, working hours, paid leave arrangements and work-family arrangements are included in collective agreements and whether bargaining topics cluster within agreements. Design/methodology/approach – The authors use the web-based WageIndicator Collective Bargaining Agreement Database with uniformly coded agreements, that are both collected and made accessible online. The authors present a quantitative multi-country comparison of the inclusion and contents of the clauses in the agreements. Findings – The authors find that 98 per cent of the collective agreements include clauses on wages, but that only few agreements specify wage levels. Up to 71 per cent have clauses on social security, 89 per cent on working hours and 84 per cent of work-family arrangements. The authors also find that collective agreements including one of these four clauses, are also more likely to include the other three and conclude that no trade off exists between their inclusion on the bargaining agenda. Research limitations/implications – Being one of the first multi-country analyses of collective agreements, the analysis is primarily explorative, aiming to establish a factual baseline with regard to the contents of collective agreements. Originality/value – This study is unique because of its focus on the content of collective bargaining agreements. The authors are the first to be able to show empirically which clauses are included in existing collective agreements in developing countries.

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