scholarly journals THE REFORM OF THE BRAZILIAN ANTI-DUMPING REGIME: A PARTIAL REVIEW OF THE DETERMINANTS AND THE IMPLICATIONS OF DECREE 8,058/2013

2021 ◽  
Vol 10 (19) ◽  
Author(s):  
Rafael Pentiado Poerschke ◽  
Hélio Henkin ◽  
Ricardo Dias Da Silva
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Middle Management ◽  
Trading System ◽  
Domestic Legislation ◽  
Multilateral Trading System ◽  
The World ◽  
History Of ◽  
International Obligations ◽  
Multilateral System

This study considers the development and reform of the anti-dumping regime in Brazil as a ratification example of the multilateral trading system proposed by the World Trade Organization (WTO). Brazil's history of leadership in the WTO Rounds, as well as its emergence among users of temporary barriers illustrates the fact that developing countries participate, with some success, in the endorsement and strengthening of the multilateral system itself. Using the WTO Anti-Dumping Agreement (ADA) as a model for its own regulatory framework, this practice ensures that domestic legislation will have greater compliance to international obligations and avoid constraints via the Dispute Settlement Body. Finally, the case of Decree 8,058/2013 highlighted the importance that specialized agents in the middle management of the Ministry of Development, Industry and Foreign Trade (MDIC) have in the management and improvement of the Brazilian public policy.

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.

Linkage Disputes and the Enduring Quest for Legitimacy

2019 ◽  
pp. 91-103
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
Institutional Context ◽  
Trading System ◽  
Trade Offs ◽  
Multilateral Trading System ◽  
The World ◽  
Dispute Settlement System

This chapter sets the scene for the analysis of the Dispute Settlement System (DSS) operation and goal-attainment efforts in ‘linkage’ (or ‘trade-and’) disputes, the dispute category at the centre of Part II. As the chapter explains, linkage disputes have long subjected the World Trade Organization (WTO) and the DSS to intense legitimacy challenges; they thus form an instructive site for examining how the systemic challenges raised in such cases shape DSS goal-attainment efforts, motivate shifts and trade-offs between its goals, and, in consequence, affect DSS effectiveness in realizing its manifold objectives. The chapter first clarifies the notion of legitimacy as employed here, and situates the story of linkage disputes in the broader historical and institutional context of the multilateral trading system. It then unpacks the various legitimacy challenges encapsulated in linkage disputes while highlighting the shifts these challenges seem to generate between DSS goals, engaging the system in a heightened quest after its legitimization objectives.

Breakthrough at Bali? Explanations, Aftermath, Implications

2016 ◽  
Vol 21 (2) ◽  
pp. 209-232 ◽  
Author(s):  
Amrita Narlikar ◽  
Diana Tussie
Keyword(s):  
World Trade ◽  
Trading System ◽  
Development Agenda ◽  
Multilateral Trading System ◽  
The World ◽  
History Of ◽  
Institutional Innovations ◽  
The Multilateral Trading System

The World Trade Organization’s (wto) Ministerial Conference at Bali in December 2013 seemed to have marked a landmark moment in the history of the negotiations of the Doha Development Agenda (dda). This article begins with a brief analysis of why theddahas been quagmired in deadlocks and become the longest running trade round in the history of the multilateral trading system. It then discusses the significance of what was achieved at the Bali Ministerial in light of repeated failures and particularly from the perspective of the world’s poorest countries. It explains why and how breakthroughs were achieved and highlights several important institutional innovations. Lastly, it discusses how sustainable these innovations might be.

scholarly journals WTO REFORM: BACKGROUND, CONDITIONS AND PROSPECTS

2016 ◽  
pp. 239-248
Author(s):  
T. M. Isachenko
Keyword(s):  
World Trade ◽  
Market Access ◽  
Innovative Development ◽  
International Division ◽  
Trading System ◽  
Multilateral Trading System ◽  
The World ◽  
Key Issues ◽  
Main Regulator ◽  
The Multilateral Trading System

Maximizing the benefits of international division of labor and sharing the achievements of innovative development is possible only with the existence of a strict system of rules and regulations. Such system would enable fair regulation of international trade, ensure the transparency of market access and make it possible to challenge discriminatory measures, as well as to maintain certain measures to protect the interests of domestic producers. The creation of the multilateral trading system has started with the General Agreement on Tariffs and Trade (GATT) and was subsequently developed in the documents and codes, the decisions of the negotiating rounds. Since 1995, a set of rules of the World Trade Organization (WTO) became the basis of the multilateral trading system. All rules are worked out at the multilateral level. However, in recent years the negotiations within the WTO has slowed down, that affected the quality and speed of decision-making on key issues of global development. That provokes the discussion it on a certain crisis of the WTO as the main regulator of world trade, and therefore the need to provide both institutional and substantive reforms.

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.

The Multilateral Trade System Goes Bananas

2019 ◽  
pp. 180-218
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
Multilateral Trade ◽  
Wto Dispute Settlement ◽  
Starting Point ◽  
Multilateral Trading System ◽  
The World ◽  
Main Factors ◽  
Dispute Settlement System

The transatlantic Bananas dispute rambled on in the multilateral trade system for almost two decades. The convoluted conflict, standing at the centre of this chapter, provides a useful starting point for studying the goal-attainment efforts exhibited by the World Trade Organization (WTO) Dispute Settlement System (DSS) in perennial disputes, together with the goal-shifting and goal-conflict patterns characterizing such cases. The chapter first provides a brief background of the Bananas case. It then recounts the dispute’s major turning points in the multilateral trading system, and identifies the main factors rendering the conflict so prolonged and resistant to resolution. On these foundations, the chapter turns to a close goal-based reading of EC-Bananas, tracing the DSS’s goal-attainment efforts and the goal shifts marking this lengthy dispute. Thereafter, the chapter examines the resulting conflicts between DSS goals and the mixed, noncompliant outcomes ultimately produced in EC-Bananas, while assessing their ramifications for an analysis of the system’s effectiveness.

scholarly journals A rodada do uruguai e o meio ambiente: o florescimento da tutela jurídica ambiental no sistema multilateral de comércio / The Uruguay Round and the Environment: the blooming of the environmental protection in the multilateral trading system

2017 ◽  
Vol 13 (3) ◽  
pp. 295
Author(s):  
Arno Dal Ri Júnior ◽  
Mariana Clara De Andrade
Keyword(s):  
World Trade Organization ◽  
Environmental Protection ◽  
World Trade ◽  
Uruguay Round ◽  
Environmental Law ◽  
Trading System ◽  
International Environmental Law ◽  
Multilateral Trading System ◽  
The World ◽  
The Multilateral Trading System

 ResumoO presente artigo aborda as negociações internacionais relativas à tutela ambiental no sistema multilateral de comércio no período que compreende o fim da Rodada de Tóquio (1979) até o fim da Rodada do Uruguai (1994) e a instituição da Organização Mundial do Comércio. Para tanto, analisa-se brevemente as mudanças surgidas no cenário do Direito Internacional Ambiental no ínterim situado entre as duas rodadas referidas para que se contextualize os impactos dos eventos ocorridos no período, particularmente com os adventos da Conferência de Estocolmo (1972) e a Rio-92 (1992). A partir disso, são analisados documentos das negociações do grupo GATT relevantes a questões ambientais, com o objetivo de se verificar o desenvolvimento institucional e normativo ocorrido durante o período citado, com enfoque particular na Rodada do Uruguai. Verifica-se a forte influência dos acontecimentos entre as décadas de 1970 e 1990 no cenário internacional e, particularmente, no sistema multilateral de comércio, culminando com a inclusão da preocupação com o desenvolvimento sustentável no preâmbulo do Acordo Constitutivo da OMC, em 1994.Palavras-chaveGATT; Rodada do Uruguai; Meio Ambiente; Sistema Multilateral de Comércio; Direito Internacional Ambiental. AbstractThe present article studies the international negotiations related to the environmental protection in the multilateral trading system, in the period comprised from the end of the Tokyo Round (1979) to the end of the Uruguay Round and the institution of the World Trade Organization (1994). In order to do so, it describes briefly the changes emerged in the context of International Environmental Law during the interim between the two rounds, so as to expose the impacts of the events that occurred in this period, especially those brought about by the advent of the Stockholm Conference (1972) and the Rio-92 (1992). Afterwards, this work analyses the documents concerning environmental matters produced in the negotiations of the GATT group in the period post-1972, with the aim of verifying the institutional and legal development of the system during the aforementioned interlude, with particular attention to the Uruguay Round. From this perspective, it can be observed the strong influence of the events that took place from 1970 to 1990 in the international scenario and, particularly, in the multilateral trading system, culminating with the assertion of the concern with sustainable development in the Preamble of the Agreement Establishing the World Trade Organization, in 1994. KeywordsGATT; Uruguay Round; Environment; Multilateral Trading System; International Environmental Law.

Regionalism and the Multilateral Trading System

2018 ◽  
pp. 1-18
Author(s):  
James P. Murphy ◽  
Carolan McLarney
Keyword(s):  
World Trade ◽  
Trade Agreements ◽  
Regional Trade Agreements ◽  
Regional Trade ◽  
Trading System ◽  
Trade Area ◽  
The Us ◽  
Multilateral Trading System ◽  
The World ◽  
The Multilateral Trading System

Regionalism and the Multilateral Trading System: The Role of Regional Trade Agreements is a discussion about the new reality and the evolution of the reduction of international barriers to freer trade under the World Trade Organization (WTO) formerly the General Agreement on Trade and Tariffs (GATT). The chapter devotes time to the two largest regional trade agreements (RTAs), the European Union (EU) with 28 countries and North American Trading Agreement (NAFTA) with three countries account for half of all world trade (WTO, 2017a). The US set a course post World War II as the proponent of globalization and freer trade. RTAs at that time were failing or inconsequential. In response to the EU trading block, the US committed to a (Free Trade Area) FTA with Canada and subsequently the NAFTA with Canada and Mexico the rest of the world began to become concerned about being shut out of a preferential trade deal. The main theme of the chapter is that trade liberalization is moving forward because of Regional Trading agreements, not the WTO which is stalled and may never restart in its current form.

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