scholarly journals Trade-Related Environmental Measures under the World Trade Organization (WTO) in Malaysia: The Analysis of its’ Application

2020 ◽  
Author(s):  
Yanti Ahmad Shafiee ◽  
Asmah Laili Yeon
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
Environmental Protection ◽  
World Trade ◽  
Dispute Settlement ◽  
Secondary Data ◽  
The World ◽  
Phytosanitary Measures ◽  
Environmental Measures ◽  
Wto Agreements

The objective of this study is to explore the application of trade-related environmental measures in Malaysia. Trade-related environmental measures are environmental measures that were invoked which may have an effect on international trade. These measures can be in the form of tariff and non- tariff. As a member of the World Trade Organization (WTO), Malaysia is compelled to apply and implement the environmental provisions of the General Agreement of Tariff and Trade (GATT) and the WTO agreements. However, the ability to fully comply with these agreements needs to be determined as Malaysia’s effort in environmental protection could affect its international trading. In this study the analysis was on Malaysia’s domestic legislations; the GATT, especially Article XX; WTO agreements such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), the Agreement on Technical Barriers to Trade (TBT) and the WTO Dispute Settlement Body decided cases. Secondary data such as journal articles were referred. It is expected that this study could assist in determining the efforts made by Malaysia in finding a balance between international trade and environmental protection.  

The Sanitary and Phytosanitary Agreement of the World Trade Organization: Debunking Its Reliance on Scientific Evidence and Reluctance to Endorse Potential Biotechnology Risks

2021 ◽  
pp. 1-17
Author(s):  
Muhammad ISLAM
Keyword(s):  
Risk Assessment ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Scientific Evidence ◽  
Scientific Uncertainty ◽  
The World ◽  
Precautionary Measures ◽  
Phytosanitary Measures ◽  
Biotech Products

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) relies on scientific evidence as a conclusive risk assessment criterion, which ignores the inherent limitations of science. This article highlights certain trade-restrictive effects of scientific evidence and comments on the Agreement’s aversions to precautionary measures and the consumer concern of the harmful effects of biotech products that may be necessary to protect public health and biosecurity in many WTO Member States. These measures and concerns have become pressing issues due to surging consumer awareness and vigilance concerning environmental protection and food safety. The Agreement is yet to overcome the weaknesses of its endorsed international standardising bodies, the problematic definition of scientific evidence and treatment of justification for scientific risk assessment methods and the implementation difficulties faced by most developing states. This article analyses these issues under the provisions of the Agreement and the interpretations of the WTO Dispute Settlement Body in disputes involving SPS matters, which fall short of addressing scientific uncertainty surrounding biotech products and their associated risks.

scholarly journals UPAYA MELAWAN PANDEMI COVID-19 DI INDONESIA, STUDI KASUS FASILITAS KEPABEANAN DAN PERDAGANGAN INTERNASIONAL

2021 ◽  
Vol 2 (2) ◽  
pp. 165-173
Author(s):  
Marsanto Adi Nurcahyo ◽  
Ario Seno Nugroho
Keyword(s):  
Qualitative Research ◽  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Research Method ◽  
Secondary Data ◽  
Sharp Decline ◽  
Good Practices ◽  
The World ◽  
Economic Slowdown

The covid-19 pandemic has caused a global economic slowdown. Trade institutions and customs institutions provide facilities that are expected to encourage the economy not to fall into a sharp decline. The World Trade Organization (WTO) and the World Customs Organization (WCO) as world organizations that regulate the movement of goods between countries have also issued instructions for their member countries to deal with this pandemic situation. This study aims to determine how the implementation of customs facilities and international trade during this pandemic. The research method used is a qualitative research method with descriptive techniques. The data used in this study are secondary data such as reports, research, and guidelines. The results of the study show that Indonesia has implemented customs facilities and international trade during this pandemic. This is following the guidelines published by the WTO and WCO, which are world organizations related to international trade. Programs carried out by Indonesia are also carried out by other countries which are good practices in international trade activities. The implication of this research is to recommend the customs institution to continue to increase cooperation with other border agencies in the form of coordinated border management..   Pandemi covid-19 telah membuat perlambatan ekonomi secara global. Institusi perdagangan dan institusi kepabeanan memberikan fasilitas yang tujuannya diharapkan dapat mendorong perekonomian tidak jatuh dalam penurunan yang tajam. World Trade Organization (WTO) dan World Customs Oganization (WCO) selaku organisasi dunia yang mengatur pergerakan barang antar negara juga telah mengeluarkan petunjuk bagi negara anggotanya untuk menghadapi situasi pandemi ini. Penelitian ini bertujuan untuk mengetahui bagaimana implementasi fasilitas kepabeanan dan perdagangan internasional dalam masa pandemi ini. Metode penelitian yang dilakukan adalah metode penelitian kualitatif dengan teknik deskriptif. Data yang digunakan dalam penelitian ini adalah data sekunder seperti laporan, penelitian, dan buku petunjuk. Hasil dari penelitian menunjukkan bahwa Indonesia telah mengimplementasikan fasilitas kepabeanan dan perdagangan internasional selama masa pandemi ini. Hal tersebut sesuai dengan panduan yang diterbitkan oleh WTO dan WCO yang merupakan badan dunia terkait dengan perdagangan internasional. Program yang dilakukan Indonesia juga dilakukan oleh negara lain yang merupakan good practices pada kegiatan perdagangan internasional. Implikasi dari penelitian ini adalah merekomendasikan kepada institusi kepabeanan agar terus meningkatkan Kerjasama dengan badan perbatasan lainnya dalam bentuk coordinated border management.  

Ways out of the Globalization Trilemma

2019 ◽  
Author(s):  
Carsten Herrmann-Pillath
Keyword(s):  
International Economic ◽  
International Trade ◽  
Civil Society ◽  
Trade Policy ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Policy Issues ◽  
The World ◽  
Operational Criterion

Based on Rodrik’s diagnosis of a “globalization trilemma” in designing the institutions of international economic exchange, this chapter suggests a solution that applies Sen’s argument favoring realization-focused comparisons over transcendental institutionalism in evaluating institutions. In the paradigm of deliberative trade policy, this contribution approaches the World Trade Organization (WTO) as a regime of deliberation, reaching beyond the scope of interactions with civil society. This prepares the ground for normative principles of WTO reform that shift the emphasis from efficiency to justice, mainly in the procedural sense. The central operational criterion is the inclusiveness of international trade and trade policy. This is applied on the issues of multilateralism versus regionalism and the design of the dispute settlement process. A WTO renewed under the auspices of deliberative trade policy can meet the challenges of new trade policy issues such as coordination of regulatory regimes under the conditions of rapid and unpredictable technological change, and can resolve the tension between democracy and globalization as laid out in the globalization trilemma.

IV. CHINA AND THE WORLD TRADE ORGANIZATION: THE FIRST DECADE

2011 ◽  
Vol 60 (3) ◽  
pp. 788-798
Author(s):  
Lisa Toohey
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Foreign Firms ◽  
The Political ◽  
Controversial Issues ◽  
Political Arena ◽  
The World ◽  
Wto Agreements ◽  
Equality Of Access

By the end of 2011, China will have been a member of the World Trade Organization (the WTO) for a decade. While China has undergone dramatic changes to implement commitments contained in its Protocol of Accession,1debate continues as to whether China has adequately complied with its obligations under the WTO Agreements in both letter and spirit. Some of this debate remains in the political arena, where China is censured over such issues as currency controls and or equality of access for foreign firms like Google; however, it is in the legal arena, and specifically within the WTO's Dispute Settlement Body, that some of the most controversial issues are raised, both against and by China.

scholarly journals WTO: As an Instrument of Dispute Settlement in the International Trade

2018 ◽  
Vol 7 (2.11) ◽  
pp. 58
Author(s):  
Chitra Bajpai ◽  
Priyanka Malik ◽  
Chitra Krishnan ◽  
Seema Sahai ◽  
Richa Goel ◽  
...  
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Research Paper ◽  
Trade Disputes ◽  
Common Features ◽  
Trade Dispute ◽  
The Third ◽  
The World

The World Trade Organization is a platform which is primarily responsible for the rules and regulation related to the world trade for the member nations. This research paper is an effort to measure the effectiveness of the WTO as a Dispute Settlement Body (DSB). In relation to that the first objective of the research paper is to understand the nature of the International Trade Dispute among the member nations. The second objective of the research paper is to analyze certain International Trade Disputes which were reported to the WTO. The third objective of the research paper is to find out some common features among the analyzed cases.   

Free Trade vis-à-vis Morality: Revisiting the Public-Morals Exception Clause in the World Trade Organization

2021 ◽  
pp. 001573252110154
Author(s):  
Swargodeep Sarkar
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Dispute Settlement ◽  
Public Morality ◽  
The Public ◽  
The World ◽  
Restrictive Measure ◽  
Restrictive Measures

The most sanctified obligation of the World Trade Organization (WTO) is the promotion and facilitation of international trade and liberalisation of the world economy. Although WTO members are committed to the WTO principle of free flow of goods and services among its members, the WTO permits its members to retain certain regulatory powers under its system to impose trade-restrictive measures based on certain exceptions, like, among other things, public morality under Article XX(a) of the General Agreement on Tariffs and Trade (GATT, 1994). Nevertheless, the question remains: what is public morality for a WTO member, and how far may this clause be invoked in defence of adopting trade-restrictive measures? Recently, the WTO panel on the US tariff case revived the long-standing debate on international trade versus public morality. Is a WTO member free to choose any trade-restrictive measure under the cloak of public morality? Then, what mechanism has the WTO panel/AB (Appellate Body) envisaged to check WTO members from adopting any trade-restrictive measure based on public morals? This article tries to answer these questions by analysing previous WTO disputes related to trade and morality. Against this background, this article looks back at the history of the public-morals exception clause, revisits previous WTO case laws on the public-morals exception and tries to ascertain the precise meaning of public morality—how the WTO Dispute Settlement Body (DSB) checks and balances two conflicting principles, that is, the right to regulate and the principle of free trade—and whether WTO has successfully developed a coherent jurisprudential approach to deal with contradictory interests, that is, trade versus morality. JEL Codes: F, F1, F13

Diplomacy and the Settlement of International Trade Disputes

2020 ◽  
Vol 64 (7-8) ◽  
pp. 1358-1389 ◽  
Author(s):  
Julia Gray ◽  
Philip Potter
Keyword(s):  
United States ◽  
International Trade ◽  
World Trade Organization ◽  
Dispute Resolution ◽  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
Trade Disputes ◽  
The World ◽  
The Impact

How do countries settle disputes in the shadow of the law? Even in the presence of legalized dispute settlement, countries still rely on diplomatic channels to resolve conflicts. But it can be difficult to assess diplomacy’s impact on dispute resolution because those channels tend to be opaque. We present both an original theory of the impact of diplomacy on dispute resolution and a novel measure of diplomacy. If countries with close or, conversely, distant relationships use legal channels for dispute resolution, diplomacy will have little impact on dispute settlement; resorting to legal recourse among friends or adversaries likely means that the dispute is intractable. However, diplomacy can increase the chances of settlement between countries with moderate levels of affinity. We test this argument using a protocol-based proxy for diplomatic interactions—gifts given at the occasion of meetings between diplomatic counterparts—that would otherwise be difficult to observe. Using the case of the United States and its disputes in the World Trade Organization, we find support for our argument. This suggests that even when countries resort to legalized methods of dispute settlement, bilateral dealmaking still plays an important role.

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

scholarly journals A RELAÇÃO ENTRE ESTADO E AS ENTIDADES PRIVADAS NA REGULAÇÃO DO COMÉRCIO INTERNACIONAL POR MEIO DOS REGULAMENTOS E PADRÕES PRIVADOS

2021 ◽  
Vol 16 (1) ◽  
pp. 201-220
Author(s):  
Patricia Yurie Dias
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Wto Dispute Settlement ◽  
Private Standards ◽  
Complementary Role ◽  
The World

RESUMOO trabalho analisa o papel complementar dos regulamentos e padrões privados dos Estados e das entidades não estatais às regras da Organização Mundial do Comércio (OMC) com o intuito de gerar maior segurança e qualidade para os produtos no âmbito do comércio internacional. A OMC visa promover a liberalização e eliminação da discriminação do comércio internacional. Dessa forma, por meio do estudo de alguns casos submetidos ao Órgão de Solução de Controvérsias (OSC) da OMC, em que pese a maioria dos casos submetidos ao OSC terem tido desfechos distintos, constatou-se que os padrões privados podem complementar as regras da OMC, desde que não sejam medidas protecionistas  disfarçadas de barreiras não tarifárias ao comércio internacional.PALAVRAS-CHAVE: Direito Internacional; Jurisdição Internacional; Padrões privados; Comércio Internacional; OMC.ABSTRACTThe paper examines the complementary role of the private regulations and standards of States and non-state entities to the rules of the World Trade Organization (WTO) in order to promote safety and quality for products in the scope of international trade. The WTO aims to promote the liberalization and elimination of discrimination in international trade. Thus, through the study of some cases submitted to the WTO Dispute Settlement Body (DSB), despite the fact that most cases submitted to the DSB had different conclusions, it was found that private standards can complement the rules of the WTO, if they are not protectionist measures disguised as non-tariff barriers to international trade.KEYWORDS: International Law; International Jurisdiction; Private Standards; International Trade; WTO.

The WTO Appellate Body's First Decision

1996 ◽  
Vol 9 (2) ◽  
pp. 337-360
Author(s):  
David Palmeter
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Focal Point ◽  
Trade Law ◽  
International Trade Law ◽  
The World

The General Agreement on Tariffs and Trade (GATT) began more as a diplomatic forum where parties compromised disagreements than a court that settled them. The term ‘conciliation’ was used more frequently to describe the process than the term ‘dispute settlement’. However, over nearly half a century as the focal point of international trade law and diplomacy, GATT's dispute settlement procedures moved decidedly, if not steadily, from the diplomatic to the juridical. With the adoption of the Marrakesh Agreement Establishing the World Trade Organization (WTO), the juridical model clearly has prevailed.

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