Search results

1 – 10 of 51
Article
Publication date: 12 January 2003

M. Rafiqul Islam

The subject‐matter of this article is the recently altered trade policy and practice of Australia and their consistency with the WTO multilateral trading policies and principles…

2973

Abstract

The subject‐matter of this article is the recently altered trade policy and practice of Australia and their consistency with the WTO multilateral trading policies and principles. Following its unhappy experience with the power and politics driven trading under GATT, Australia unequivocally supported the legalistic approach of the WTO trading system during the Uruguay Round. Its active participation in the WTO has given it a fair share of global free trade. The rule‐based trading framework of the WTO protects, more often than not, Australia from powerful trading states and blocs using their economic clout to gain unfair terms of trade. Australia has recently opted to pursue its multi‐track trading together with its commitments to WTO multilaterial trade liberalization. Since 2002, it has been negotiating a preferential bilateral free trade agreement with its preferred trading partners. The flurry of such negotiations has resulted in the conclusion of a preferential bilateral free trade agreement with Singapore in 2003. Negotiation towards a similar agreement with the U.S. is ongoing. A preferential trade agreement (PTA) is by nature discriminatory and as such inconsistent with the Most Favoured Nation (MFN) rule under GATT Article I. Despite this apparent contradiction, GATT Article XXIV permits bilateral PTAs as an exception to the MFN rule under certain explicit conditions, which militate against discriminatory, differential and unequal trading deals among WTO members. This article examines the extent to which the existing and potential PTAs of Australia comply with the conditions of GATT Article XXIV. It concludes that these PTAs are not complementary, if not obstructive alternatives, to the WTO multilateral free trading system. They are not in the best long‐term trading interest of Australia either.

Details

Journal of International Trade Law and Policy, vol. 2 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 3 May 2023

Ahan Gadkari

This paper aims to examine options under the General Agreement on Tariffs and Trade (GATT) for exempting or justifying export restrictions or prohibitions that are in principle…

Abstract

Purpose

This paper aims to examine options under the General Agreement on Tariffs and Trade (GATT) for exempting or justifying export restrictions or prohibitions that are in principle prohibited under Article XI:1 GATT. The paper begins by examining the exception under Article XI:2 (a) GATT, before going on to the arguments under GATT Article XX (b) and (j). In addition, the analysis considers the national security exception in Article XXI (b) (iii) GATT, given that WTO members have increasingly invoked this provision in recent years, as well as during the pandemic, when Namibia implemented COVID-19-related trade restrictions under the Agreement on Technical Barriers to Trade based on national security concerns.

Design/methodology/approach

The impacts of the COVID-19 pandemic on trade have been far-reaching. Countries have attempted to place export restrictions on personal protective equipment and COVID-19 vaccines. Even though export restrictions are generally unlawful under the GATT, countries have decided it is necessary at this time. Members have relied heavily on the “national security” and “critical shortage” exceptions outlined in the GATT.

Findings

This paper concludes that, depending on the circumstances of a particular case, a pandemic may constitute an emergency in international relations, as defined in Article XXI (b) (iii) GATT, and that, in such a situation, a WTO member may legitimately take action to protect its vital security interests.

Originality/value

The paper provides an original conclusion based on WTO case law on an issue of contemporary relevance.

Details

Journal of International Trade Law and Policy, vol. 22 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 23 January 2024

Edirimuni Nadeesh Rangana de Silva

South Asia is a region urgently seeking development, although it has failed in regional integration. It is the second least integrated region regarding the number of Free Trade…

Abstract

Purpose

South Asia is a region urgently seeking development, although it has failed in regional integration. It is the second least integrated region regarding the number of Free Trade Agreements (FTAs) and can thus be recognised as a missing bloc in the global multilateral system. This study aims to focus on South Asian FTAs and explores the problems of the inter-relations and compatibility between the systemic and regional trade systems.

Design/methodology/approach

The study proposes a framework to benchmark the compatibility of South Asian FTAs with WTO rules. Primary data from 2000 to 2020, including descriptive analyses of reports, legal text of the FTAs, official documents and factual presentations, have been collected and analysed through thematic analysis using the proposed framework.

Findings

The study finds that, although South Asian FTAs meet most of the WTO requirements, they are not progressing toward facilitating and promoting trade. Data from 2000 to 2020 show us that South Asian FTAs have not significantly impacted trade between themselves. The study argues that, although South Asian FTAs fulfil some benchmarks, they show only a lukewarm interest in contributing to the international trading system as building blocs. It is therefore recommended that the case of South Asian trade liberalisation must be understood contextually and be given careful and exclusive attention by the WTO.

Originality/value

As such, this study is the first to claim that South Asian FTAs are not fully compatible with the WTO rules. They remain a missing regional bloc in the multilateral system, rather than a building bloc or a stumbling bloc, delaying the region’s opportunity to develop as a region and within the larger system.

Details

Journal of International Trade Law and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 22 March 2013

Vanessa Constant LaForce

The aim of this paper is to critically analyse the trade preferences offered by the European Union (EU) to developing countries under the Cotonou Agreement and the Generalized…

Abstract

Purpose

The aim of this paper is to critically analyse the trade preferences offered by the European Union (EU) to developing countries under the Cotonou Agreement and the Generalized System of Preferences (GSP) in relation to trade in sugar. There is a need for a timely examination of this area, given the context of the ACP‐EU Economic Partnership Agreements and the recent termination of the ACP‐EU Sugar Protocol (SP).

Design/methodology/approach

The paper focuses on the Caribbean region as a whole with a particular focus on two non‐least developed ACP Caribbean countries, Guyana and Jamaica which held the largest sugar quotas among ACP Caribbean which benefited from the SP.

Findings

The EU trade regime changes have affected the value of the African‐Caribbean and Pacific (ACP) sugar trade regime and could have a serious impact on the amount of sugar available for purchase on the global market. The paper argues that ACP Caribbean countries could find more profitable to grow sugarcane as an agricultural commodity to produce biofuel, which is currently in high demand.

Research limitations/implications

The analysis in this paper is limited to the arrangements pertaining to developing countries and therefore excludes those relating to least developed countries. Trade in more highly processed sugars such as fructose or glucose, together with the growing trade in biofuel refined from sugar beet and sugar cane are also outwith the scope of this discussion.

Originality/value

The paper deals with an intricate issue. It discusses the socio‐economic impact of the trade regime changes on the selected Caribbean countries and includes a section on recommendations given the economic weight of sugar for these countries.

Details

Journal of International Trade Law and Policy, vol. 12 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Open Access
Article
Publication date: 31 December 2009

Inkyo Cheong and Min Ha Lee

Among various distinctive formulations that have been developed simultaneously in East Asia as of 2009, this paper selected three major paths, ASEAN+3, ASEAN+6 and APEC, to…

Abstract

Among various distinctive formulations that have been developed simultaneously in East Asia as of 2009, this paper selected three major paths, ASEAN+3, ASEAN+6 and APEC, to quantitatively examine the economic impacts of Asian regionalization with the CGE model. This paper confirmed previous findings such as the magnitude of economic impact being proportional to the size of membership and the existence of trade diversion effect within all trade blocs. The subsequent KORUS and Korea-EU FTA imposition upon the built CGE base models further verified the effects of hub-and-spoke-ism in East Asia. Jointly, the simulation results implied that the economic impacts of a trade arrangement heavily depend on the subject economy’s reliance on trade with the participating states. It was also found that the impacts were directly proportional to the accrued trade balance of the subject spoke country with both the hub state and the hub-destination. This could have been exaggerated as the scope of this study was limited to East Asia where KORUS FTA was found to be more influential than Korea-EU FTA due to its exceptionally high reliance on the US. On the course of this research to verify the aforementioned findings, however, both GTAP 6 and 7 were adopted, and hence, the economic impacts of China’s accession to the WTO in the global trade system were also empirically proven.

Details

Journal of International Logistics and Trade, vol. 7 no. 2
Type: Research Article
ISSN: 1738-2122

Keywords

Book part
Publication date: 18 August 2006

Richard Pomfret

This chapter reviews the evolution of thinking about regional trade agreements (RTAs) and the policy developments reflected in three waves of RTAs during the last half century…

Abstract

This chapter reviews the evolution of thinking about regional trade agreements (RTAs) and the policy developments reflected in three waves of RTAs during the last half century. Desirable and undesirable features of RTAs can be identified, but the central message concerns the ambiguity of outcomes. The chapter concludes with a discussion of the role of the nation state and of multilateral institutions and the scope for intermediate levels of organization created by RTAs.

Details

Regional Economic Integration
Type: Book
ISBN: 978-0-76231-296-2

Open Access
Article
Publication date: 31 December 2004

Jung Taik Hyun and Jin Young Hong

The economic success of East Asia was due to an export-led growth strategy, which was heavily dependent on the global trading system underpinned by the General Agreement on…

Abstract

The economic success of East Asia was due to an export-led growth strategy, which was heavily dependent on the global trading system underpinned by the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). In recent years, however; East Asian countries have shifted their trade policy focus to regional agreements and made Free Trade Agreements (FTAs) among themselves arid with other regions. Government organization has been restructured to increase FTA activities. Generally, the current literature predicts that FTA activities of East Asia would help to increase the welfare of the region. In this paper; we offer a critical assessment of East Asia FTAs. We note that East Asia FTAs provide incomplete coverage of sectors and are likely to lead to an inefficient resource allocation. FTA movements are not matched with actual trade flows. The benefits of East Asia FTAs are fairly limited and potential benefits, if any, would not likely be materialized in the near future. Our overall assessment is that the recent policy shift in East Asian countries from multilateral trade orientation or unilateral action to regionalism or a parallel multilateral and regional trade approach will not produce much gain. The governments should increase their efforts at economic reform and reduce barriers to trade and investment, rather than to allocate more resource and manpower to FTA activities.

Details

Journal of International Logistics and Trade, vol. 2 no. 2
Type: Research Article
ISSN: 1738-2122

Keywords

Article
Publication date: 11 March 2014

Ana Manero Salvador

– The aim of this paper is to analyze the adjustment of relations between the EU and ACP countries to multilateral requirements.

258

Abstract

Purpose

The aim of this paper is to analyze the adjustment of relations between the EU and ACP countries to multilateral requirements.

Design/methodology/approach

Has been carried out an analysis of the previous situation, the reasons and the result of the adjustment. To do this, they have been pursued literary and documentary sources.

Findings

The European Union's relations with the ACP countries have changed drastically. Now there is no unity of action of ACP, and the relations with the EU relations are atomized.

Originality/value

The submitted article summarizes and critically analyzes the evolution of the European Union's relations with ACP countries. The relationship with the ACP has been historically and currently lost its specificity, so it is diluted in the context of the external action of the European Union.

Details

Journal of International Trade Law and Policy, vol. 13 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 1 October 2008

Masahiro Endoh, Koichi Hamada and Koji Shimomura

Purpose – A free trade agreement (FTA) or a preferential trade agreement (PTA) is almost always negotiated without concessions to the non-member countries. This chapter studies…

Abstract

Purpose – A free trade agreement (FTA) or a preferential trade agreement (PTA) is almost always negotiated without concessions to the non-member countries. This chapter studies the welfare effects of such an FTA or PTA on the non-member countries.

Methodology/approach – This chapter employs the revealed preference approach (e.g., Ohyama, 1972; Kemp and Wan, 1976; Deardorff, 1980).

Findings – Under such conditions that the initial levels of the tariffs are small, or that the effects on production efficiency dominate the effects on tariff revenue, or that the tax-subsidy scheme proposed by Bhagwati, Ramaswami, and Srinivasan is employed in all the countries, the formation of a PTA without any tariff concessions to the outside countries will harm the welfare of the outside countries.

Practical implications – In order to make a PTA beneficial not only for member countries but for the rest of the world, member countries need to grant some tariff concessions to the imports from the non-member countries.

Details

Globalization and Emerging Issues in Trade Theory and Policy
Type: Book
ISBN: 978-1-84663-963-0

Keywords

Article
Publication date: 6 September 2013

Elimma Ezeani

At its inception, the Doha Round offered the hope of a more inclusive World Trade Organisation (WTO); one where developing countries in particular envisioned would allow them the…

2600

Abstract

Purpose

At its inception, the Doha Round offered the hope of a more inclusive World Trade Organisation (WTO); one where developing countries in particular envisioned would allow them the policy space to enable their socio‐economic advancement even as they carried out their obligations as Member States of the rules‐based international trade system. While the rewards of this novel development round are awaited, WTO Member States are making a marked shift away from the foundation principles of multilateralism on non‐discriminatory treatment, and pursuing independent trade deals outside the rules. An emerging acceptance of this shift comes with an idea that countries can converge after divergence – that alternatives to multilateralism can still yield agreements that will operate in a multilateral rules‐based framework, post Doha. To this end, this article reviews the challenges facing the Doha negotiations as it pertains to developing country concerns and the shortcomings of the existing development framework. It critically examines the issues arising from the stalemate of the Doha negotiations and the efforts of the international trading system to continue engaging in trade in the face of globalisation, increasing unemployment, decreased wages and living standards in the backdrop of a global recession. It examines the emerging convergence theory which recognises departures from the uniform trading arrangements under multilateralism, without recognising this as a tacit acceptance of a return to protectionism with its consequences. The paper aims to discuss these issues.

Design/methodology/approach

Reference is made to primary and secondary research material on the subject including WTO rules and agreements.

Findings

The article finds that the stalemate in this Doha Round reveals more than just dissatisfaction between Member States on the nature and scope of the rules that must guide their global trading activities. It reveals the fragility of rules and the potential inefficacy of a system that attempts to regulate nebulous activity – trade in the face of divergent needs and concerns.

Research limitations/implications

The research is library/desk based.

Originality/value

This work is an original contribution and is not under consideration elsewhere.

Details

Journal of International Trade Law and Policy, vol. 12 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

1 – 10 of 51