scholarly journals Multinational Firms, Value Chains, and Trade Disputes: Explaining Dispute Onset at the World Trade Organization

2018 ◽  
Author(s):  
Aydin Yildirim ◽  
Arlo Poletti ◽  
Tyson Chatagnier ◽  
Dirk De Biivre
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Multinational Firms ◽  
Value Chains ◽  
Trade Disputes ◽  
The World

scholarly journals CADEIAS GLOBAIS DE VALOR (CGV): A FRAGMENTAÇÃO DO PROCESSO PRODUTIVO CONFORME A ORGANIZAÇÃO MUNDIAL DO COMÉRCIO

2019 ◽  
Vol 4 (57) ◽  
pp. 399
Author(s):  
Joana STELZER ◽  
Silvano Denega SOUZA ◽  
Adrielle Betina I. OLIVEIRA
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Global Value Chains ◽  
Value Chains ◽  
Commodity Chain ◽  
Economic Policies ◽  
The World ◽  
Productive Process ◽  
Fragmentation Of Production ◽  
Economy Globalization

RESUMOObjetivo: O artigo visa identificar a aparição e a abordagem das CGV (Cadeias Globais de Valor) no âmbito da Organização Mundial do Comércio (OMC), tendo em vista a aparente alteração na plasticidade do comércio internacional e, por consequência, na economia mundial. A globalização nos tempos atuais pode ser compreendida como uma fragmentação da produção, em que o processo produtivo de uma mercadoria (ou serviço) é concebido em etapas, porém, executadas em diversos Estados.Metodologia: A metodologia utilizada é dedutiva com abordagem qualitativa e a pesquisa desenvolve-se por meio de bibliografias.  Resultados: O destaque do principal resultado é a possibilidade de identificar características distintas entre Cadeias de Commodities, passando pela Cadeia de Commodities Global, até se alcançar as Cadeias Globais de Valor. Revela, também, que o avanço das CGV tem-se mostrado positivo, mormente no que tange às repercussões observadas nas políticas comerciais e econômicas dos Estados.Contribuições: Como principal contribuição, o artigo apresenta uma análise do cenário internacional no que tange ao comércio e sua nova forma de transacionar, sobretudo com Estados não desenvolvidos. Partindo-se da análise do CGV e sua relação com a Organização Mundial do Comércio,  a revelação desse emergente modelo foi flagrada, ademais, na insistente inserção dos termos CGV e Global Value Chains nos documentos e relatórios da Organização Mundial do Comércio, especialmente com maior intensidade a partir de 2014.PALAVRAS-CHAVES: Tributo; responsabilidade tributária; terceiros.  ABSTRACTObjective: To identify the appearance and approach of GVCs (Global Value Chains) within the World Trade Organization (WTO), in view of the apparent change in the plasticity of international trade and, consequently, in the world economy. Globalization in the present times can be understood as a fragmentation of production, in which the productive process of a commodity (or service) is conceived in stages, but executed in several States.Methodology: The methodology used is deductive with qualitative approach and the research is developed via bibliographies.Results: The highlight of the main result is the ability to identify distinct characteristics between Commodity Chains, going through the Global Commodity Chain, until reaching Global Value Chains. It also reveals that the advancement of GVCs has been positive, especially regarding the repercussions observed in the commercial and economic policies of the States.Contributions: As the main contribution, the article presents an analysis of the international scenario regarding trade and its new way of trading, especially with undeveloped States. Based on the analysis of the GVC and its relationship with the  World Trade Organization, the revelation of this emerging model was also caught in the insistent insertion of the terms GVC and Global Value Chains in World Trade Organization documents and reports, especially with greater emphasis. Intensity as of 2014.KEYWORDS: Tax; tax liability; third parties.

High Stakes: US-China Trade Disputes under the World Trade Organization (WTO)

2013 ◽  
Vol 41 (3-4) ◽  
pp. 352-380 ◽  
Author(s):  
Ka Zeng
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Bilateral Trade ◽  
Cost Benefit Analysis ◽  
Dispute Settlement Mechanism ◽  
Trade Disputes ◽  
The Past ◽  
China Trade ◽  
The World

Abstract This paper examines US-China trade disputes under the World Trade Organization (WTO) and argues that Chinese leaders are increasingly resorting to the WTO’s dispute settlement mechanism to target issues of most critical concern to domestic constituencies. The following overview of the WTO disputes initiated by China suggests that China’s WTO disputes tend to be dominated by cases involving anti-dumping duties (ADs) and countervailing duties (CVDs). The disproportionate share of such trade remedy cases in China’s WTO cases needs to be viewed in light of the fact that China has become the leading target of such cases worldwide in the past decades. The above pattern of China’s WTO initiation is explicable within the leader cost-benefit analysis, which would lead us to expect Chinese leaders to use the WTO DSM either to open foreign markets for Chinese businesses or to shield domestic firms from perceived unfair foreign trade practices. This paper further argues that the significant expansion of bilateral trade relations in the past decades has provided opportunities for Chinese leaders to identify or threaten retaliation against anti-protectionist groups in the other country in order to mobilise them against the disputed measure.

Challenged in Geneva: WTO Litigation Experience and the Design of Preferential Trade Agreements

2021 ◽  
pp. 1-20
Author(s):  
Simon Wüthrich ◽  
Manfred Elsig
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
International Institutions ◽  
Trade Agreements ◽  
Preferential Trade Agreements ◽  
Trade Disputes ◽  
Preferential Trade ◽  
Multilateral Trade ◽  
Track Record ◽  
The World

Abstract What explains the design of international institutions? Existing research has largely neglected how experience in cooperation in one set of international institutions impacts on design choices made by states in other globally-oriented institutions. We contribute to this evolving debate by analyzing spillovers in experience in international trade. We argue that countries' track record of interaction in multilateral trade disputes affects the design of their preferential trade agreements (PTAs). If a country participates in a complaint against a prospective PTA partner at the World Trade Organization (WTO), the challenge in Geneva alerts the defendant's import-competing industries with respect to potential challenges under the planned PTA. As a result, these industries exert pressure on their government to preserve leeway under the future treaty, leading to increased flexibility and a lower level of enforcement in the PTA. We find support for our hypotheses in an empirical analysis of 347 PTAs concluded post 1990.

Reviewing dispute settlement at the World Trade Organization: a time to reconsider the role/s of compensation?

2006 ◽  
Vol 5 (1) ◽  
pp. 31-67 ◽  
Author(s):  
ARWEL DAVIES
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Trade Disputes ◽  
Financial Compensation ◽  
Unilateral Action ◽  
Natural Time ◽  
The World ◽  
Do So

The World Trade Organization provides a forum for the settlement of trade disputes arising between its 148 Members. Should consultations fail, the parties may choose to initiate formal proceedings in Geneva, and must do so in preference to taking unilateral action. The dispute settlement rules are presently under review with a view to their clarification and improvement, making this a natural time to ask whether the appropriate strategy has been identified. This article focuses on the functions of compensation in the overall context of WTO remedies. Particular attention is given to the prospects for new disciplines and increased practice connected with the granting of both trade compensation and financial compensation. Also considered is the extent to which financial compensation can and should be linked to reparation in the sense of correcting the injury caused by WTO violations. The discussion is informed by the general international law position, by proposals made during the on-going review process and by emerging dispute settlement practice.

scholarly journals THE ROLE OF THE WORLD TRADE ORGANIZATION IN COUNTERING THE GROWTH OF PROTECTIONISM DURING THE COVID-19 PANDEMIC

2021 ◽  
pp. 64-76
Author(s):  
Viktoriia SIDLIAR
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Global Economy ◽  
New Paradigm ◽  
Trade Restrictions ◽  
Trade Disputes ◽  
Trade Relations ◽  
The World ◽  
The Times

Introduction. The global economy has been shaken by a wave of protectionism, which has led to trade restrictions and a deterioration in world trade and GDP. The spread of coronavirus infection COVID-19 has put the international community in a state of uncertainty and unpredictability, and world trade in a state of crisis due to a record rate of decline. Sharp confrontations in trade relations between world leaders have called into question the ability of international arbitrators, such as the WTO, to resolve trade disputes on the basis of existing rules and agreements reached. Today, WTO members recognize the need to reform the organization. The purpose of the article is to research the role of the World Trade Organization in countering the spread of protectionist policies and the COVID-19 pandemic. Results. Modern tendencies of world trade and pragmatism of introduction of trade restrictions are considered. The key problems of the WTO institutional crisis are revealed and the need for its reform is determined. Conclusions. The WTO needs to be reformed in order to a more flexible structure that will better meet the demands of the times and perform its core functions more effectively, in particular, providing mechanisms for settling international trade disputes and developing and adopting world trade standards. Effective WTO reforms, the resumption of dialogue between members and the choice of achievable goals are the basis of a multilateral trading system that meets the needs of today’s digital economy and promotes economic growth. The result of WTO reforms should not be a new paradigm that is not based on trade liberalization, but the development of corrective tools that will support the benefits of this institution, meet current and future needs.

U.S. Tariffs on Steel and Aluminum Imports Go into Effect, Leading to Trade Disputes

2018 ◽  
Vol 112 (3) ◽  
pp. 499-504 ◽  
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
Trade Disputes ◽  
The World ◽  
Implementation Period ◽  
Domestic Law

Consistent with President Trump's America First trade agenda, his administration imposed tariffs on steel and aluminum imports in early March of 2018, triggering various responses and challenges. Countries have followed through on early objections to the tariffs through retaliatory tariffs and challenges in the World Trade Organization (WTO), and steel importers have challenged the legality of these tariffs under U.S. domestic law. At the same time, these tariffs have been revised multiple times, either to delay the implementation period for certain countries seeking exemptions or to permanently grant exemptions to countries who reached negotiated arrangements with the United States.

Rethinking Value Chains

2021 ◽  
Keyword(s):  
World Trade Organization ◽  
World Bank ◽  
International Organizations ◽  
World Trade ◽  
Value Chains ◽  
The World Bank ◽  
Production Processes ◽  
The Social ◽  
The World ◽  
Political Backlash

Today, production processes have become fragmented with a range of activities divided among firms and workers across borders. These global value chains are being strongly promoted by international organizations, such as the World Bank and the World Trade Organization, but social and political backlash is mounting in a growing variety of forms. This original volume brings together academics and activists from Europe to think creatively about the social and environmental imbalances of global production and how to reform the current economic system.

Sustainable Development Provisions in the 1994 GATT/WTO Agreements

2021 ◽  
pp. 129-144
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
World Trade Organization ◽  
World Trade ◽  
Policy Making ◽  
World Summit ◽  
Trade Disputes ◽  
Appellate Body ◽  
The World ◽  
Two Phases ◽  
Wto Agreements

This chapter argues that, while the World Trade Organization (WTO) may have accepted sustainable development as an objective of its members, it is not clear that the WTO has successfully integrated either environment or social development concerns into trade policy-making, to date. It considers the three opportunities for integration discussed in Chapter 3, and the implications of attempts to respond to them within the WTO, in two phases. First, it considers the WTO Agreements after the conclusion of the 1992 United Nations Conference on Environment and Development (UNCED), and the 1994 Uruguay Round, and how they are interpreted by the WTO Panel and Appellate Body in trade disputes, as well as any progress in WTO negotiations with respect to the tensions identified earlier during that period. Second, it considers developments in the WTO Doha Round of trade negotiations that were launched in 2001, directly before the 2002 World Summit on Sustainable Development (WSSD), and how subsequent WTO disputes have addressed these tensions.

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