scholarly journals Da institucionalização aos impasses da OMC e a proliferação de acordos preferenciais de comércio no início do século XXI

2018 ◽  
Vol 7 (2) ◽  
pp. 300-333
Author(s):  
Patrícia Nasser de Carvalho

Desde a institucionalização da Organização Mundial do Comércio (OMC), em 1995, ficaram evidentes as suas importantes conquistas na promoção do livre comércio e na gestão das regulações de bases multilaterais do Sistema de Comércio Internacional. No entanto, desde a última rodada (ainda em curso) de negociações da OMC, iniciada em 2001, em Doha, também foram revelados diversos impasses, que provocaram lentidão no avanço de entendimentos, parcos resultados no processo decisório e falta de interesse político dos seus membros. Esses obstáculos deixaram um vácuo no Sistema de Comércio Internacional multilateral, que vem sendo preenchido pelos Acordos preferenciais de comércio (APCs), ou seja, a opção dos países, em sua maioria membros da OMC, por barganhar APCs, neste início de século está intrinsicamente ligada às dificuldades encontradas por eles em concluir acordos satisfatórios nas rodadas de negociações comerciais multilaterais. No início do século XXI, a ampliação do número de APCs se dá a um ritmo de crescimento inigualável em todas as regiões do mundo. A partir de uma discussão pautada na perspectiva da Economia Política Internacional, os objetivos deste trabalho são: a) discutir os principais impasses no Sistema de Comércio Internacional multilateral, tendo em vista as dificuldades enfrentadas pela OMC ao longo das últimas duas décadas; b) a partir da análise dos dados disponíveis, identificar as principais configurações e tendências da proliferação de APCs no mundo, processos que se que intensificam na década de 1990, mas que ganharam mais fôlego no início do século XXI e formam estruturas normativas distintas da OMC.   Abstract: Since the institutionalization of the World Trade Organization (WTO), in 1995, its important achievements in the promotion of free trade and in the management of the regulations of multilateral bases of the International Trade System have been evident. However, since the last round (still in progress) of the WTO negotiations, which had begun in Doha in 2001, a number of deadlocks were also been revealed, which have resulted in slow progress in understandings, lack of results in the decision-making process and lack of political interest of its members. However, a number of deadlocks have also been revealed, which have led to slow progress in understanding, poor results in the decision-making process and lack of political interest of its members. These obstacles have left a vacuum in the multilateral International Trade System, which is being filled by the Preferential Trade Agreements (PTAs). This is the option of countries, mostly of them WTO members, to bargain PTAs, is intrinsically linked to the constraints they encountered in concluding satisfactory agreements in the rounds of multilateral trade negotiations. At the beginning of the 21st century, the expansion of the number of PTAs is at an unequaled growth rate in all regions of the world. From a discussion based on the perspective of International Political Economy, the objectives of this work are: a) to discuss the main deadlocks in the multilateral International Trade System in this century, given the difficulties faced by the WTO over the last two decades; b) from the analysis of the available data, to identify the main configurations and trends of the proliferation of PTAs in the world, processes that have been intensified since the 1990s, but have been a growing trend in the 21st century and taking different normative structures other than the WTO. Keywords: World Trade Organization (WTO); International Trade; Preferential Trade Agreements; International Trade System.     Recebido em: maio/2018 Aprovado em: agosto/2018

2019 ◽  
Vol 4 (8) ◽  
pp. 121-125
Author(s):  
Nino Parsadanishvili

resent paper focuses on current crises in international trade in services negotiations from the perspective of consideration of trading interests of developing and least developed countries in line with the operational agenda of the World Trade Organization (WTO). Through the analysis of the existing international legal texts and scholarly works particular attention is paid to the different rounds of trade in services negotiations in parallel to the consideration of the results of relevant ministerial conferences of the World Trade Organization, drawing attention to the situation with regards of consideration of the interests of developing and least developed country members of the WTO. Special focus is paid to the complexity of the decision making process and it’s complication over time due to increased participation of parties concerned in the process of trade in services negotiations resulting in no progress in the overall process. Next to analyzing the challenges faced by the WTO in trade in services negotiations, especially in terms of considering the interests of developing and least developed countries, paper shows the ways that could be used during 2020 Kazakhstan Ministerial Conference of the World Trade Organization for finding solutions to simplify the decision making process and establish freer international trade in services by the way of either implying new approaches in interpreting the existing multilateral treaties that deal with trade in services between all member states of the WTO or deepening the discussions on a new plurilateral agreement helping the organization to overcome the stagnated process of trade in services negotiations and therefore ensuring the compliance with it’s own operational goals.


2019 ◽  
Vol 23 (1) ◽  
pp. 119-141
Author(s):  
Tom S H Moerenhout

ABSTRACT Energy subsidy and pricing reform is widely heralded as a necessity to transition to sustainable development and keep global warming below 2°C. Energy pricing policies and subsidies are also at the heart of the energy–trade–climate nexus, but progress has been slow within the international trade regime. This is unlike other international organizations or networks, where progress has been more substantial. This article investigates the lack of legitimacy to regulate or coordinate pricing reform and links it to fundamentally divergent interests between fuel producers and importers. The article discusses the regulatory and coordinative potential of the World Trade Organization and preferential trade agreements. It finds that at the World Trade Organization, the Subsidies and Countervailing Measures, the Anti-Dumping Agreement, case law, Ricardian theory, and negotiation history all preempt the consideration of most pricing policies as subsidies. As a result, subsidy notification within the World Trade Organization is low and while other options for improving transparency via the Committee on Trade and Environment and Trade Policy Review Mechanism have been suggested, not much has actually happened because producers protect their comparative advantage. Therefore, support for fuel pricing reform remains on a general level via Ministerial Statements or through general provisions in preferential trade agreements that reconfirm the G-20 and Asia Pacific Economic Cooperation commitments to fuel subsidy reform. The only real advancement has been made within bilateral trade negotiations where heavyweights such as the European Union can push trading partners to abandon dual pricing policies.


2019 ◽  
Vol 22 (3) ◽  
pp. 389-416
Author(s):  
Andrew D Mitchell ◽  
Neha Mishra

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.


2021 ◽  
pp. 1-20
Author(s):  
Simon Wüthrich ◽  
Manfred Elsig

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.


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