scholarly journals CAN INDONESIA INVOKE PUBLIC MORALS EXCEPTION UNDER THE WORLD TRADE ORGANIZATION (WTO) FOR PROHIBITING CROSS-BORDER GAMBLING?

2018 ◽  
Vol 7 (2) ◽  
pp. 261
Author(s):  
I Gusti Ngurah Parikesit Widiatedja
Keyword(s):  
World Trade Organization ◽  
Money Laundering ◽  
World Trade ◽  
Member States ◽  
Cross Border ◽  
The World ◽  
The Way

<p>Under the WTO, Indonesia is obliged to liberalize its markets through establishing the schedule that comprise a list of services that can be either opened or closed to foreign suppliers.  However, Indonesia’s schedule is vague as to whether gambling services are closed to foreign suppliers. Through this loophole, the practice of cross-border gambling services has been rampant, resulting in some consequences, especially those related to money laundering and underage gambling. Tackling this problem, Indonesia could apply public morals exception that allows member states to impose trade prohibition. By using public morals exception that was applied in some WTO cases, this article explores the way in which Indonesia could justify prohibiting cross-border gambling services. This article claims that Indonesia has a justification to impose public morals exception under the WTO to prohibit cross-border gambling services within its territory because the prohibition would be designed to protect public morals; it would be necessary to protect public morals; and the prohibition would equally apply  to both foreign and local suppliers in cross-border gambling services in Indonesia.<strong></strong></p>

Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute

2019 ◽  
Vol 22 (3) ◽  
pp. 389-416
Author(s):  
Andrew D Mitchell ◽  
Neha Mishra
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Trade Agreements ◽  
Preferential Trade Agreements ◽  
Data Driven ◽  
Digital Inclusion ◽  
Cross Border ◽  
Data Flows ◽  
The World

Abstract While the free cross-border movement of data is essential to many aspects of international trade, several countries have imposed restrictions on these data flows. The pre-internet rules of the World Trade Organization (`WTO') discipline some of these restrictions, but they are insufficient. Unfortunately, so are the electronic commerce chapters in modern preferential trade agreements. This article argues that reformed WTO rules, which take account of the policy challenges of the data-driven economy, are required. These reforms would facilitate internet openness while ensuring consumer and business trust, promoting digital inclusion of developing countries, and incorporating clear exceptions for legitimate domestic policies.

Trade in electricity under WTO and EAEU Law: compatibility of two legal regimes†

2020 ◽  
Vol 13 (2) ◽  
pp. 129-140
Author(s):  
Daria Boklan ◽  
Olga Belova
Keyword(s):  
World Trade Organization ◽  
Electricity Market ◽  
World Trade ◽  
Legal Order ◽  
Member States ◽  
Eurasian Economic Union ◽  
The World ◽  
History Of ◽  
Economic Union

Abstract Accession of Russia and Kazakhstan to the World Trade Organization (WTO) constitutes a landmark event in the history of this organization, especially in relation to trade in energy, in general, and trade in electricity, in particular. As a result, the role of the WTO in regulating trade in electricity has increasingly grown. However, the Treaty on the Eurasian Economic Union, a treaty that binds both Russia and Kazakhstan, necessitates additional regulation for trade in electricity, concurrent with law of the WTO. Recently, this treaty was amended by the Protocol on Common Electricity Market on 1 July 2019. As a result, compatibility issues between the rules of the WTO and the Eurasian Economic Union arise. This article concludes that the law of the WTO can be relevant to trade in electricity between Member States of the Eurasian Economic Union and third countries because of the specific place of the rules of the WTO under the Eurasian Economic Union legal order.

scholarly journals ASSESSING THE WTO COMPLIANCE OF SELECTED ASPECTS OF SOUTH AFRICA’S INTERNATIONAL TRADE ADMINISTRATION AMENDMENT BILL

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Lonias Ndlovu
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
South African ◽  
World Trade ◽  
Regulatory Regime ◽  
Interested Party ◽  
Member States ◽  
The World ◽  
Legal Position

This article argues that while South Africa’s International Trade Administration Amendment Bill and the attendant proposed regulations may generally be regarded as a positive legislative intervention, to a large extent, the new regulatory regime goes against the spirit, object and purport of the World Trade Organization (WTO) anti-dumping agreement and is even in conflict with South Africa’s International Trade Administration Act itself. In order to substantiate the above reservations, this article first outlines the basics of WTO dumping and anti-dumping law before proceeding to point out aspects of South Africa’s anti-dumping law and practicewhich incorporate WTO tenets. With the aid of selected WTO disputes and examples from comparative WTO member states, this article also comments on selected impugned changes likely to be introduced by the Bill and the new regulations and concludes that the proposed new law is unlikely to be WTO compliant. This conclusion is premised on the fact that South African dumping and anti-dumping law relating to confidentiality, the process of conducting investigations, termination of investigations based on de minimis margins and interested party hearings does not always mimic the legal position as espoused in the WTO anti-dumping agreementand interpreted in selected WTO disputes.

scholarly journals Improving the effectiveness of the special and differential treatment of the World Trade Organization

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Differential Treatment ◽  
Preferential Treatment ◽  
The World ◽  
Slow Progress ◽  
The Subject ◽  
The Way

<p>This paper deals with the subject of Special and Differential Treatment (SDT) of the World Trade Organization (WTO), a special right that allows developing countries preferential treatment by other member countries, particularly developed countries. The paper more specifically discusses the ineffectiveness of the SDT owing to its structure and formulation, and explores the factors that have caused such ineffectiveness. It touches upon the provisions and the ways in which they are formulated and implemented, which deemed to have lead to the ineffectiveness. An observation of the way that negotiations are conducted and the underlying interests that direct those negotiations also contribute to the slow progress of introducing changes to the provisions. Furthermore, this paper analyses and identifies steps that may be taken to improve the concept, formulation, and implementation of SDT, inter alia through amendments of the provisions and conduct of negotiations. The paper also looks at several dispute cases which highlight the ineffectiveness of the existing provisions in advancing the interests of developing countries in particular and in fulfilling its purpose in general.</p>

Substance and Style—How the WTO Adjudicators Legitimize their Decisions

2018 ◽  
Author(s):  
Christiane Gerstetter
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Judicial Decision ◽  
Settlement System ◽  
Member States ◽  
Judicial Decisions ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System

This chapter analyses how the World Trade Organization (WTO) dispute settlement bodies legitimize their decisions and by implication also the WTO Dispute Settlement System as well as the WTO as an institution more broadly. The author argues there are two relevant dimensions for understanding how judges legitimize judicial decisions: the substantive outcomes of cases, that is who wins and loses and what interpretations are adopted, and the way a judicial decision is justified. She concludes that the WTO dispute settlement bodies act strategically in order to win the acceptance of the member states, and ultimately legitimize this dispute settlement system as a judicial entity.

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