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Article
Publication date: 19 December 2018

Martina Francesca Ferracane

The paper aims to explore the national security implications of a potential for a World Trade Organization (WTO) dispute on data flow restrictions. It proposes a basic conceptual…

Abstract

Purpose

The paper aims to explore the national security implications of a potential for a World Trade Organization (WTO) dispute on data flow restrictions. It proposes a basic conceptual framework to assess data flows’ restrictions under General Agreement on Trade in Services (GATS) security exception.

Design/methodology/approach

If a case were to be brought before the WTO dispute settlement, the defender could support its case by invoking the security exception. This paper analyzes three main arguments that could be brought up: protection from cyber espionage, protection from cyberattacks on critical infrastructure and access to data needed to prevent terrorist threats. These three cases are analyzed both legally and technically to assess the relevance of restrictions on data flows under GATS security exception. This analysis can, more generally, inform the debate on the protection of national security in the digital era.

Findings

In the three cases, restrictions on data considered critical for national security might raise the cost of certain attacks. However, the risks would remain pervasive and national security would not be significantly enhanced both legally and technically. The implementation of good security standards and encryption techniques appears to be a more effective way to ensure a better response to cyber threats. All in all, it will be important to investigate on a case by case basis whether the scope of the measure (sectors and data covered) is considered proportionate and whether the measure in question in practice reduces the exposure of the country to cyber espionage, cyberattacks and terrorist threats.

Originality/value

This paper represents a contribution to the literature because it is the first paper to address systematically the issue of data flows and national security in the context of a GATS dispute and because it provides a unique perspective that looks both at legal and technical arguments.

Details

Digital Policy, Regulation and Governance, vol. 21 no. 1
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 13 September 2011

Lekha Laxman and Abdul Haseeb Ansari

This paper seeks to provide an in‐depth discussion on the impact of agricultural biotechnology in developing and least developed countries (LDCs) as well as the concomitant…

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Abstract

Purpose

This paper seeks to provide an in‐depth discussion on the impact of agricultural biotechnology in developing and least developed countries (LDCs) as well as the concomitant biosafety concerns that might have an impact on trade and the environment whilst highlighting the importance of choosing development pathways that are conducive to the specific needs of these nations without endangering the biodiversity and affecting people's health.

Design/methodology/approach

The paper adopts a socio‐legal approach by undertaking a content analysis of decided cases, relevant treaties and existing studies conducted in areas related to agricultural biotechnology within the framework of sustainable development imperatives.

Findings

The paper suggests that developing countries venturing into agricultural biotechnology need to enrich the technology according to their needs and capabilities in order to be able to weigh the benefits against the risks in the production and import of genetically modified organisms (GMOs) specifically via the implementation of the “precautionary principle” and viable “risk assessment” techniques which conform to their existing international law obligations in view of the findings that most of these nations have not formulated adequate legal and institutional frameworks supported with the necessary expertise to regulate, monitor, and ensure safety of agricultural GMOs produced and/or imported by them.

Practical implications

The issues and suggestions in this paper will enable the development process of developing and least developed economies to conform to the tenets of sustainable development and minimize the loss of Earth's biodiversity.

Originality/value

The paper is of practical use to stakeholders and policymakers alike venturing into agricultural biotechnology. It pools the findings of a cross‐section of studies to look at the implications therein and the arising biosafety and trade issues with special reference to developing and LDCs.

Details

Journal of International Trade Law and Policy, vol. 10 no. 3
Type: Research Article
ISSN: 1477-0024

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…

2608

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

Book part
Publication date: 7 January 2016

Mehdi Abbas

This paper analyses the stalling of the Doha Development Agenda (DDA) and its systemic and institutional consequences through a geopolitical economy approach that integrates the…

Abstract

This paper analyses the stalling of the Doha Development Agenda (DDA) and its systemic and institutional consequences through a geopolitical economy approach that integrates the French school of international economic relations and Régulation Theory. These approaches put states and their economic roles at the fore, correcting dominant free trade approaches to world trade. The paper also avoids monocausal explanations for trade talk deadlocks and aims to provide a comprehensive approach on the co-evolution of world trade patterns and its institutions. In this approach, the DDA stalemate is traced to an institution-structure mismatch in how states articulate their accumulation strategies and institutions (competition, state regulation, adhesion to international regime) to the World Trade Organization (WTO) regime occasioned by the emergence of new trade powers. This has given rise to three distinct conflicts in how member states navigate between the main parameters of the multilateral trading system (non-discrimination, reciprocity and balance of power) and their national accumulation strategies: the erosion of non-discrimination and reciprocity; the failure to build an operational compromise between development and ‘globalization’, that is, between multilateral openness and new trade and power balances; and the difficulty in reaching a compromise between historical and emerging capitalisms. The outcome of these conflicts will determine the institutional configuration of the post-Doha WTO agenda.

Expert briefing
Publication date: 12 March 2024

A glut of Ukrainian agricultural products has driven down prices in neighbouring countries, prompting several governments to impose unilateral import bans. Protests by Polish…

Abstract

Details

Beyond Confrontation: Globalists, Nationalists and Their Discontents
Type: Book
ISBN: 978-1-83982-560-6

Open Access
Article
Publication date: 29 November 2018

Philipp Galkin, Carlo Andrea Bollino and Tarek Atalla

China is a major energy import powerhouse, its trade deals have significant impact on international energy trade and global energy markets. The purpose of this paper is to explore…

5246

Abstract

Purpose

China is a major energy import powerhouse, its trade deals have significant impact on international energy trade and global energy markets. The purpose of this paper is to explore the role of energy in China’s preferential trade agreements (PTAs) and their impact on Chinese imports of oil, gas and coal.

Design/methodology/approach

An extended trade gravity model framework is applied to explore the dynamics of China’s annualized energy import flows from the 22 economies that have PTAs with it for the period 1995–2015.

Findings

The effect of PTAs on trade patterns varies across the product groups and agreement clauses. The dominant factor affecting trade flows of coal, crude oil and oil products is the average tariff level. Its impact is less significant for gas imports, which are more affected by policy arrangements represented by a PTA variable. The depth and scope of a PTA do not affect Chinese energy imports patterns.

Research limitations/implications

This paper is focused on exploring the effect of China’s trade and foreign relations strategies on its energy imports through the prism of its PTAs. Estimating the direct impact of China’s initiatives in the areas of trade, investment, security, culture, etc., on its trade flows of energy products and other product groups using the methodological framework proposed in this study would contribute to better understanding of the issue.

Practical implications

The findings can assist both China and energy exporting countries that target Chinese market in better understanding the drivers of trade flows of energy products and design their PTA strategies accordingly.

Originality/value

This study applies the trade gravity model framework to assess the impact of specific components of preferential trade agreements – tariff reduction and depth and scope of agreement – on energy trade flows differentiated by product group.

Details

International Journal of Emerging Markets, vol. 13 no. 6
Type: Research Article
ISSN: 1746-8809

Keywords

Open Access
Article
Publication date: 26 May 2021

Aniekan Ukpe and Sangeeta Khorana

Special and differential treatment (SDT) in the World Trade Organisation (WTO) has failed to integrate developing countries into the international trading system, as contemplated…

5883

Abstract

Purpose

Special and differential treatment (SDT) in the World Trade Organisation (WTO) has failed to integrate developing countries into the international trading system, as contemplated by the WTO Agreement, itself. This paper aims to interrogate the current application of SDT by WTO members as the possible undermining factor for SDT not delivering on its objective.

Design/methodology/approach

The research uses a qualitative legal methodology. This study conducts desk analysis of primary legal materials and existing literature to assess current reflections of SDT and draw lessons for reforms in the WTO.

Findings

From interrogating current SDT practice in the WTO and a comparative analysis with a similar differential treatment under the Montreal Protocol, this paper finds that indeed, the problem lies in the current approach to SDT application in the WTO. This study finds that the existing absence of eligibility criteria for determining access to SDT by countries is the core reason for the abuse and sub-optimal outcome from its application.

Originality/value

While making a case for a rules-based approach to differentiation in the WTO, this paper proposes a unique methodology for differentiating between developing countries for SDT, including the use of a composite indicator to ensure that indicators that are used sufficiently reflect their heterogeneous needs. Drawing inspiration from Gonzalez et al. (2011a), this study introduces an adaptation for selecting a threshold for graduation. Specifically, the proposal on the value of the standard deviation of countries from the weighted mean of the composite indicator as the threshold for graduating countries from SDT is novel.

Details

Journal of International Trade Law and Policy, vol. 20 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 1 March 2016

Luis Alfonso Dau, Elizabeth Marie Moore and Margaret Soto

The purpose of this chapter is to examine how multinational firms have an added incentive to promote corporate social responsibility (CSR) in order to maximize profitability and…

Abstract

Purpose

The purpose of this chapter is to examine how multinational firms have an added incentive to promote corporate social responsibility (CSR) in order to maximize profitability and adapt to the changing normative climate in a post Great Recession economy.

Methodology/approach

This chapter builds on institutional theory using contextual evidence from Mexican firms to provide insight into the varying pressures facing local and multinational enterprises in emerging markets.

Findings

This chapter highlights different sets of pressures faced by emerging market firms, both domestic and multinational. This chapter contends that emerging market multinational enterprises (EMNEs) are incentivized to uphold CSR practices to a greater degree than domestic firms from emerging markets.

Research limitations

Contextual evidence for this chapter was confined to Mexican firms, which provides an opportunity for future research to be carried out from alternative emerging markets.

Social and practical implications

From a social standpoint, this chapter sheds light on the challenges of globalization and the current rift between national level policies, coinciding behavior, and global expectations. From a practical standpoint, this chapter could inform and alert CEOs and practitioners to the nuances of CSR expectations, contingent upon the sphere in which they choose to operate in.

Originality/value

This chapter contributes to the growing dialogue on EMNEs while highlighting the schism between national and global expectations for CSR. Further, this chapter adds to the literature on institutional theory by connecting it to the in-group and out-group literature from sociology.

Details

Lessons from the Great Recession: At the Crossroads of Sustainability and Recovery
Type: Book
ISBN: 978-1-78560-743-1

Keywords

Article
Publication date: 1 March 1999

Marina I. Mercado

Gives the background to, and describes, the suit filed against Microsoft by the US Department of Justice in October 1997. For those such as librarians, dealing with the…

316

Abstract

Gives the background to, and describes, the suit filed against Microsoft by the US Department of Justice in October 1997. For those such as librarians, dealing with the requirements of information technology, argues that this case is important because it demonstrates the high stakes inherent in the software industry not only for the players, but also for users and purchasers of that software and the operating systems which will be used to display them.

Details

The Bottom Line, vol. 12 no. 1
Type: Research Article
ISSN: 0888-045X

Keywords

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