World Trade Law and Renewable Energy: : the Case of Non-tariff Measures

2006 ◽  
Vol 3 (6) ◽  
pp. 500-518 ◽  
Author(s):  
Robert Howse
Keyword(s):  
Renewable Energy ◽  
World Trade ◽  
Electrical Energy ◽  
Trading System ◽  
Trade Law ◽  
The Us ◽  
The World ◽  
World Trading System ◽  
Grid Operation ◽  
The Eu

AbstractOver the last two decades, trade and environment issues have typically been a source of intense controversy and conflict in the world trading system. Renewable energy, however, represents an area where we believe that freer less-distorted trade and environmental protection have the potential to be mutually reinforcing. Historically, electrical energy itself has not been traded across borders, with some exceptions (Canada and the US and in the EU). However, with the de-monopolisation of electricity in an increasing number of jurisdictions, and the unbundling of functions such as generation, grid operation, transmission, and retailing as well as the development of financial instruments such as futures and options contracts for energy, the structure of the entire market is starting to change, complicating the analysis under WTO law. This article aims to raise questions and suggest areas where domestic and international policymakers may need to consider undertaking further analysis.

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.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

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.

Prospects for global trade in 2020-24

2019 ◽  
Keyword(s):  
World Trade ◽  
Job Creation ◽  
Value Chains ◽  
Global Trade ◽  
Trading System ◽  
Content Type ◽  
China Trade ◽  
The Us ◽  
Multilateral Trading System ◽  
The World

Subject Prospects for global trade in 2020-24. Significance US-China competition and a ‘populist backlash’ against trade in advanced nations are intensifying fears that the world is entering de-globalisation. World trade volumes are expected to grow modestly in 2019 and 2020, while the US-China trade conflict roils the multilateral trading system and global value chains, harming investment and job creation.

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.

John Jackson and the GATT's Transformation

2016 ◽  
Vol 15 (3) ◽  
pp. 401-403
Author(s):  
STEVE CHARNOVITZ
Keyword(s):  
International Organizations ◽  
World Trade ◽  
Law Students ◽  
International Organization ◽  
Leadership Roles ◽  
Government Officials ◽  
Trading System ◽  
Trade Law ◽  
The World ◽  
Ann Arbor

John Jackson's long, fruitful association with the General Agreement on Tariffs and Trade (GATT) was unique in the annals of international organizations. His 1969 book, World Trade and the Law of GATT, became the Baedeker for government officials, practitioners, and academics seeking an overall understanding of the trading system or an explanation of a particular GATT provision. Yet the uniqueness of Jackson's relationship to the GATT was not just his foundational scholarship; every international organization in the twentieth century spawned a scholarly community. The uniqueness came from his role as a teacher attracting graduate law students from around the world who traveled to Ann Arbor to study with him and then returned to their countries to take on leadership roles in international trade. These decades of students inspired by Jackson and educated by his synoptic understanding of trade law enhanced Jackson's influence on the GATT in a way that has no parallel in other agencies.

Global Trade Law: Challenges and Options for Africa

2003 ◽  
Vol 47 (2) ◽  
pp. 143-173 ◽  
Author(s):  
Olu Fasan
Keyword(s):  
Developing Countries ◽  
Government Procurement ◽  
Global Trade ◽  
Rule Base ◽  
African Countries ◽  
Trading System ◽  
Trade Law ◽  
The World ◽  
World Trading System ◽  
Systemic Problems

The Uruguay Round of trade negotiations, completed in 1994, has fundamentally transformed the legal landscape of the world trading system, making the WTO arguably the most powerful international economic institution in the world. Yet, the systemic problems that have dogged the WTO since its establishment in 1995 have their roots in the nature of this transformation and its implications for developing countries, especially African states. Developing countries, hitherto excluded from GATT rules, became subject to expanded WTO legal rules and disciplines on a range of new areas, including services, intellectual property rights and investment measures. The possibility of deepening and widening the rule-base of the trade regime is also likely with the Doha agenda, which includes possible negotiations on new rules dealing with investment, competition policy, trade facilitation, and transparency in government procurement.Clearly, the increasing legalization and internationalization of trade rules have implications for weak states. International legalization involves sophisticated bargaining where power relations play a significant role. The purpose of this article is to explore, in the context of some of the theories of international law and political economy, how the preferences and interests of African countries are reflected in international rule making that involves both weak and powerful states. The article traces the institutional and legal evolution of the world trading system and how African countries have been affected by these developments. The new Doha agenda is examined with a view to establishing whether it holds out any real hope of redressing the imbalances in the system. Finally, suggestions are made as to how global trade rules can be fair, and therefore made to work for poor states.

India—Certain Measures Relating to Solar Cells and Solar Modules

2017 ◽  
Vol 111 (1) ◽  
pp. 139-147 ◽  
Author(s):  
Sherzod Shadikhodjaev
Keyword(s):  
Renewable Energy ◽  
World Trade ◽  
Environmental Policies ◽  
Energy Market ◽  
Trading System ◽  
Appellate Body ◽  
Multilateral Trading System ◽  
The World ◽  
International Obligations ◽  
Compliance Issue

In a proceeding that challenged the domestic content requirements (DCRs) of India's solar energy program, the Appellate Body of the World Trade Organization (WTO) upheld the panel determination that the Indian government's measures violated its international obligations. The decision offers new insights into certain exceptions for environmental policies under the multilateral trading system and elaborates on the relevance of other international legal regimes to the compliance issue under WTO law. Further, it has the potential to increase export opportunities of many countries in the Indian renewable energy market.

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.

scholarly journals The World Trade Organization's Report on the EU's Moratorium on Biotech Products: The Wisdom of the US Challenge to the EU in the WTO

2008 ◽  
Vol 8 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Sarah Lieberman ◽  
Tim Gray
Keyword(s):  
World Trade ◽  
The European Union ◽  
Gm Food ◽  
Cartagena Protocol On Biosafety ◽  
The Us ◽  
Cartagena Protocol ◽  
The World ◽  
The Usa ◽  
Biotech Products ◽  
The Eu

The World Trade Organization (WTO) recently ruled on the case brought by the US, Canada and Argentina against the moratorium imposed by the European Union (EU) on imports of genetically-modified (GM) food and crops. Although the WTO's ruling has been greeted by the complainant countries as a victory, it found in their favor on only one narrow technical procedural issue, and it rejected more substantive challenges to the EU moratorium. In this article, we analyze the WTO report and explain the issues at stake, focusing particularly on the question of why the USA chose the WTO as the forum for its challenge to the EU moratorium, and whether it was wise to do so. Has the USA achieved its aims through the trade-specific WTO, or should it have taken its challenge to the more hostile, but environment-specific forum of the Cartagena Protocol on Biosafety? Alternatively, should the USA have refrained from mounting an official international challenge at all?

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