scholarly journals The (in)effectiveness of the decisions Of the world trade organization in the analysis of the negative impacts of the New economic policy for u.s. agriculture

2021 ◽  
Vol 3 (4) ◽  
pp. 1827-1840
Author(s):  
Flávio Marcelo Rodrigues Bruno
Keyword(s):  
United States ◽  
Economic Policy ◽  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Upland Cotton ◽  
The United States ◽  
The World ◽  
Negative Impacts ◽  
The U.S

The present research has as its thematic approach, the (in) effectiveness of the decisions of the international commercial court from the recent economic policies for agriculture in the United States in relation to the determinations of the World Trade Organization (WTO) in the litigation on the granting of subsidies to cotton – Upland Cotton. It is the pretension of this research, to delimit the study of the subject in the sense of demonstrating that the United States continued to have negative impacts on the international market, even though they were defeated in the litigation against Brazil in the WTO Dispute Settlement Body. In the litigation of cotton subsidies – Upland Cotton, Brazil and the United States enter into controversy regarding the granting of this instrument of economic policy by the U.S. government to an industry in which Brazil has comparative advantages and competitive production, especially in international trade. The WTO ruling on the case has proved that the U.S. economic policy on the use of subsidies, in particular those granted to agriculture, constitute a protectionist practice that interferes negatively with international trade. An interdisciplinary legal analysis from the economic and political point of view is essential in the context of international trade relations that have a profound impact on U.S. trade policy practices.

scholarly journals The Nature of Remedies in International Trade Law

2004 ◽  
Vol 65 (4) ◽  
Author(s):  
Sungjoon Cho
Keyword(s):  
United States ◽  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
High Profile ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
The U.S

On August 30, 2002, the World Trade Organization (WTO) authorized the European Communities (EC) to suspend its tariff concessions and other obligations toward the United States to the extent of U.S. $4 billion for the latter’s failure to comply with the Appellate Body’s decision that the United States had violated the WTO rules, in particular, the WTO Subsidy Code by providing the prohibited subsidies to foreign sales corporations (FSCs) in the form of tax breaks (the FSC Article 22.6 Report). The sheer scale of the EC’s suspension in response to the U.S. violation is unprecedented, far surpassing the suspensions authorized in two previous cases that invoked the WTO enforcement mechanism, Banana III and Hormones. At first glance, this dramatic finale for such a high-profile case might be welcomed as an impressive revelation of the real achievement of the WTO system equipped with teeth, unlike its predecessor the old GATT.

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 WTO Panel Rules Against U.S. Claim that Tariffs on Chinese Goods Are Justified as Necessary to Protect “Public Morals”

2021 ◽  
Vol 115 (1) ◽  
pp. 120-124
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
Most Favored Nation ◽  
The U.S

On September 15, 2020, a World Trade Organization (WTO) panel ruled that certain tariffs the United States imposed on Chinese products violated Articles I (most-favored-nation) and II (tariff bindings) of the General Agreement on Tariffs and Trade (GATT). The panel rejected the U.S. attempt to invoke a “public morals” defense pursuant to GATT Article XX, holding that although countries receive substantial deference in defining “public morals,” the United States failed to prove that the tariffs were necessary to achieve its stated public morals objective.

International trade protectionist policies and in-state preferences: A link

2017 ◽  
Vol 17 (1) ◽  
pp. 31-52 ◽  
Author(s):  
Sawsan Abutabenjeh ◽  
Stephen B. Gordon ◽  
Berhanu Mengistu
Keyword(s):  
United States ◽  
Public Policy ◽  
International Trade ◽  
Policy Instruments ◽  
The United States ◽  
Policy Outcomes ◽  
The World ◽  
State Preference ◽  
Public Policy Instruments ◽  
The U.S

By implementing various forms of preference policies, countries around the world intervene in their economies for their own political and economic purposes. Likewise, twenty-five states in the U.S. have implemented in-state preference policies (NASPO, 2012) to protect and support their own vendors from out-of-state competition to achieve similar purposes. The purpose of this paper is to show the connection between protectionist public policy instruments noted in the international trade literature and the in-state preference policies within the United States. This paper argues that the reasons and the rationales for adopting these preference policies in international trade and the states' contexts are similar. Given the similarity in policy outcomes, the paper further argues that the international trade literature provides an overarching explanation to help understand what states could expect in applying in-state preference policies.

The United States in the Global Economy

2020 ◽  
pp. 11-34
Author(s):  
Douglas A. Irwin
Keyword(s):  
United States ◽  
International Trade ◽  
Public Opinion ◽  
World Trade ◽  
Global Economy ◽  
The United States ◽  
Production Costs ◽  
Basic Facts ◽  
Fragmentation Of Production ◽  
The U.S

This chapter sets out basic facts about international trade and the U.S. economy. It describes how world trade has expanded rapidly in the recent decades and explains how the development provides the context in which to consider trade policy. The chapter discusses the reasons for the increase in trade and how trade has changed with the fragmentation of production and the increase in trade of intermediate goods. It talks about the state of public opinion on the question of globalization. It also analyzes protectionist policies that directly harm employment in domestic industries by raising production costs in addition to forcing consumers to pay higher price for the products they buy.

scholarly journals India – Measures Affecting the Automotive Sector

2005 ◽  
Vol 4 (S1) ◽  
pp. 158-178 ◽  
Author(s):  
Kyle Bagwell ◽  
Alan O. Sykes
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
Balance Of Payments ◽  
Automotive Sector ◽  
The World ◽  
The Subject

This study addresses the disputes brought to the World Trade Organization (WTO) by the European Communities and the United States concerning certain Indian measures affecting the importation of automobiles and components in the form of “completely knocked down” (CKD) and “semi-knocked down” (SKD) kits. The measures in question originated during a time when India employed extensive import licensing requirements, ostensibly for balance of payments purposes. India’s broad licensing regime was challenged in 1997 by the European Communities and the United States, resulting in a settlement with the European Communities and a ruling in favor of the United States pursuant to which India agreed to abolish its import licensing system. Some restrictions in the automotive sector remained, however,which became the subject of this proceeding.

Turtles and Trade: The WTO's Acceptance of Environmental Trade Restrictions

2002 ◽  
Vol 2 (1) ◽  
pp. 12-18 ◽  
Author(s):  
Elizabeth R. DeSombre ◽  
J. Samuel Barkin
Keyword(s):  
United States ◽  
Environmental Management ◽  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Sea Turtle ◽  
Environmental Issue ◽  
Trade Restrictions ◽  
The Us ◽  
The World

The sea turtle has become an icon ofenvironmentalist opposition to the World Trade Organization. Two decisions by the WTO in 1998 against a United States law intended to force other countries to adopt more turtle-friendly rules attracted widespread attention. A third decision in 2001 which supported the US law, however, went almost entirely unnoticed. A closer examination ofthe three decisions suggests that the WTO willingly accepts the idea ofenvironmental restrictions to international trade applied unilaterally by countries. But it requires that the restrictions be fairly applied and nondiscriminatory, show signs of being effective, and be accompanied by efforts to deal with the environmental issue cooperatively. These are all requirements that environmentalists should find unobjectionable. As such, the cause of more effective international environmental management might better be served ifenvironmental activists and NGOs worked with the WTO rather than reacting automatically against it.

The Potential Impact of the World Trade Organization's General Agreement on Trade in Services on Health System Reform and Regulation in the United States

2009 ◽  
Vol 39 (2) ◽  
pp. 363-387 ◽  
Author(s):  
Nicholas Skala
Keyword(s):  
United States ◽  
Health Care ◽  
Health System ◽  
National Health ◽  
World Trade ◽  
Health Sector ◽  
The United States ◽  
Policy Options ◽  
The World ◽  
The U.S

The collapse of the World Trade Organization's (WTO) Doha Round of talks without achieving new health services liberalization presents an important opportunity to evaluate the wisdom of granting further concessions to international investors in the health sector. The continuing deterioration of the U.S. health system and the primacy of reform as an issue in the 2008 presidential campaign make clear the need for a full range of policy options for addressing the national health crisis. Yet few commentators or policymakers realize that existing WTO health care commitments may already significantly constrain domestic policy options. This article illustrates these constraints through an evaluation of the potential effects of current WTO law and jurisprudence on the implementation of a single-payer national health insurance system in the United States, proposed incremental national and state health system reforms, the privatization of Medicare, and other prominent health system issues. The author concludes with some recommendations to the U.S. Trade Representative to suspend existing liberalization commitments in the health sector and to interpret current and future international trade treaties in a manner consistent with civilized notions of health care as a universal human right.

scholarly journals United States – Countervailing Measures Concerning Certain Products from the European Communities (WTO Doc. WT/DS212/AB/R): Recurring Misunderstanding of Non-Recurring Subsidies

2005 ◽  
Vol 4 (S1) ◽  
pp. 78-87
Author(s):  
Gene M. Grossman ◽  
Petros C. Mavroidis
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
United States Department ◽  
States Department ◽  
Appellate Body ◽  
The World ◽  
Countervailing Duties ◽  
The Impact

In United States – Countervailing Measures Concerning Certain Products from the European Communities (WTO Doc. WT/DS212/QB/R, henceforth Certain Products), the Appellate Body (AB) of the World Trade Organization was called upon to revisit the issue of whether the United States can legally impose countervailing duties following the privatization of state-owned enterprises that had received non-recurring subsidies. In twelve cases, the United States Department of Commerce (USDOC) had applied either the “gamma method” or the “same-person method” in assessing the impact of a change of ownership on the continued existence of a benefit from a countervailable subsidy. The European Communities challenged the legality of these methods.

United States Moves Forward with Tariffs and Requests WTO Consultations in Response to Certain Trade Practices by China

2018 ◽  
Vol 112 (3) ◽  
pp. 505-510
Keyword(s):  
United States ◽  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
The World ◽  
Trading Partners ◽  
Trump Administration

Trade tensions between the United States and China have escalated under the Trump administration. Some of this tension has resulted from the steel and aluminum tariffs imposed by the United States on most of its trading partners in the spring of 2018. Another major source of conflict relates to President Trump's concerns with China's perceived unfair practices in relation to intellectual property and technology rights. The Trump administration has addressed these concerns both by pursuing unilateral responses and seeking relief through the World Trade Organization (WTO).

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