المنظمة العالمية للتجارة ودورها في تنظيم المنافسة العادلة للتجارة الدولية = What Role Does the Word Trade Organition Play in Regulating Fair Competition for International Trade

2019 ◽  
Vol 7 (1) ◽  
pp. 139-165
Author(s):  
ميلود ، سلامي ◽  
بو ستة ، جمال
2021 ◽  
Vol 7 (1) ◽  
pp. 10
Author(s):  
Agus Supriyo ◽  
Satria Unggul Wicaksana Prakasa

In the global era with all demands and expectations for a better economic condition in a country that an international trade is needed. Fair competition can be carried out in competition between business actors and commodity (goods or services) in overseas with business actors and commodity (goods or services) in country. One form of creating justice in international trade competition is by providing subsidies. The issue of subsidies created the problems and disputes. The problem formulations of this research were: (1) how are the effects of subsidies and countervailing in international trade regulations? (2) how is the case analysis related to subsidies and countervailing measures according to the provisions of the GATT 1994, The SCM Agreement and other legal provisions? The results showed that (1) the effect of subsidies and countervailing measures based on their types (red light, yellow light, green light) in international trade regulations had provided clear provisions as well as the impact and limitations in implementing these provisions in accordance with the provisions. GATT 1994 and The SCM Agreement. (2) The several cases described regarding subsidies that were not allowed because they created injustice that the subsidies were only carried out in an emergency situation and their nature rescued them from an economic crisis.


2008 ◽  
Vol 38 (3) ◽  
pp. 316
Author(s):  
Wenny Setiawati

AbstrakThis paper abserves the development in the discussion of e-commerce as across cutting issue in WTO and how the issue affected Indonesia primarily inthe information and communication technology (ICT) area. The explorationwill focus on e-commerce discussion and the progress starting from the FirstMinisterial Conference to the Fifth. The observation will also broaden to allrelated issue of the topic in this research, such as intellectual property rightsand ICT Under the author analysis, there is one thing that Indonesiangovernment can take advantage, the joining in Information TechnologyAgreement (ITA). Because ITA was, establish in the purpose of encouragingnations to develop their ICT so there will be development in the ICT in orderto create of fair competition. The encouragements were given in the form ofreducing custom and duties on technology used for ICT More authoropinion that Indonesia must see ITA as the facility in building up the ICT inthe country, despite the debate on the categorization of e-commerce, whetheras good or service. Indonesia must take an immediate step redeem necessaryto compete in the globalization of commerce, and maximizing the ICTdevelopment through available facility is one possible step right now.


2004 ◽  
Vol 56 (1) ◽  
pp. 93-113
Author(s):  
Ivana Popovic-Petrovic

The establishment of the International Trade Organisation was aimed at completing the process of institutionalisation of the international economic relations. The process began at Bretton Woods in 1944 with the establishment of The International Monetary Fund and the International Bank for Reconstruction and Development. This integration entity was planned to become a foundation of the post-war order, and was going to have a broader influence and importance than the economic one. A third pillar of the International Trade Organization has never been established, but that is why the General Agreement on Tariffs and Trade (GATT) came into life. It is one of those agreements, whose nearly fifty-year duration had surpassed even the duration of some states. By carrying out trade negotiations, GATT adopted to new needs. However, the moment its integrity got questioned and such a special idea began to die out, the way was found to preserve the GATT achievements and to have the innovative approach join them. This was done with the establishment of the World Trade Organisation, as an international organisation that manages multilateral agreements in the area of trade (GATT), the trade of services (GATS) and the trade aspects of the intellectual property rights. The institution is of multinational and supranational character. It has its own structure that includes the Ministerial Conferences, the General Council and the Secretariat. The WTO continues a long tradition in GATT of seeking to make decisions not by voting but by consensus, although there are also "circles of decision making" that are gradually narrowing down with the degree of the achieved economic power. The WTO is today a primary concept whose main task is to work on bringing into practice the long-standing idea of free trade. In order to achieve this, it is necessary to abide by the basic principles which the WTO has four of. They are: non-discrimination, reciprocity, market approach and fair competition. If one draws a parallel between a product?s life cycle and GATT?s life, one can understand why GATT itself had reached its peak, but was also gradually surpassed. This is why the establishment of the World Trade Organization was a new opportunity to attain all that that GATT had not managed to attain, and to set new goals for the new century. With the establishment of the WTO, GATT was transformed into an organization, and its scopes were considerably broadened. According to the author, there are several challenges before the WTO. Primarily, the process of solving problems on a multilateral level should be continued. Also facing the still powerful forces fighting for the preservation of protectionism, more pronounced in industrial countries although present in developing ones, should be continued. Even if liberalized non-discriminatory trade and investment policy are achieved, the WTO will maintain its importance as a forum for talks on new areas and issues. Perhaps the biggest challenge in the WTO?s future is to work on further integration of developing countries into the world economic trends. The process of decision making itself is perhaps the best opportunity to show to the developing countries that something has changed, the author concludes.


The issue of IP rights protection of goods transferred through customs borders, in particular, medicinal products, became topical with the development of international trade. That is why there are many discussions on the parallel import and use of the rights expiration concept in the framework of modern integration processes. The article defines and discloses the features of the use of parallel import measures in the markets of original medicines and generics in different countries of the world and ways of ensuring fair competition in the specified markets; it also analyzes measures to stop anti-competitive behavior. The author also proves that parallel importing issues have not been properly resolved yet. Typically, parallel import matters are considered in terms of counterfeit products or the use of unfair competition in international trade. The problem of parallel imports is important not only in relation to a trademark use, but also in relation to the use of other types of intellectual property, inventions, etc. The approach of legislators and judicial practice to the prohibition or permission of parallel imports depends on the following factors: the ratio of interests of consumers of goods and intellectual property holders; commitments made in accordance with international treaties, both in the field of free trade (creation of a single market) and in the field of protection of intellectual property rights.


Author(s):  
Avinash Dixit ◽  
Victor Norman
Keyword(s):  

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