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Article
Publication date: 30 October 2018

Abdulmalik Altamimi

One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the…

Abstract

Purpose

One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown’s proposal to establish an institute for assessing WTO commitments to improve member states’ remit to detect, challenge and deter noncompliance.

Design/methodology/approach

This paper is based on Jutta Brunnée and Stephen Toope’s Interactional Theory of International Law.

Findings

There is a strong link between transparency and enforcement in WTO law. The efficacy of the WTO law depends not only on its role in adjudication, but also on facilitating interactional legal practices, within and outside the WTO.

Originality/value

This paper offers an original analysis of the practices of compliance with WTO obligations and illuminates a new proposal for improving compliance. To attract and maintain compliance, the WTO needs to facilitate transparent interactional legal practices for states and non-state actors.

Details

Journal of International Trade Law and Policy, vol. 17 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 2 October 2009

Longyue Zhao and Yan Wang

World Trade Organization (WTO) accession marked a new beginning for China's economic, legal and institutional reforms and rapid integration with the rest of the world. The purpose…

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Abstract

Purpose

World Trade Organization (WTO) accession marked a new beginning for China's economic, legal and institutional reforms and rapid integration with the rest of the world. The purpose of this paper is to review China's post‐WTO transition experience, synthesize and update studies on China's pattern of trade and structural transformation, and provide both positive and negative lessons for other developing countries.

Design/methodology/approach

The paper has broadly reviewed the latest policy changes after China's WTO accession, and literatures on China's trade and economic development issues in order to understand the Chinese success and its speciality, and draw some useful lessons for both China's decision‐makers and other developing countries.

Findings

There are two main findings: first, market liberalization alone is not sufficient, and economic system reform and the liberalization are closely related and complement and promote each other. Second, experimentations via special economic zones (SEZs) and opening to foreign direct investment (FDI), which facilitated and supported cluster development and learning‐by‐doing, are needed for industrial upgrading and export competitiveness.

Originality/value

The paper demonstrates the wisdom of China's simultaneous pursuit of domestic economic system reform, and opening to the international market. However, China has also paid a high social and environmental cost for its rapid growth. It is important for developing countries to have an exclusive, balanced and sustainable strategy in the future development.

Details

Journal of Chinese Economic and Foreign Trade Studies, vol. 2 no. 3
Type: Research Article
ISSN: 1754-4408

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

Case study
Publication date: 20 January 2017

Peter Debaere and Christine Davies

This case describes and analyzes the negotiations surrounding the U.S.–Thailand free trade agreement (FTA) that never materialized. The case offers an excellent opportunity to…

Abstract

This case describes and analyzes the negotiations surrounding the U.S.–Thailand free trade agreement (FTA) that never materialized. The case offers an excellent opportunity to discuss the complexities of trade negotiations, the welfare analyses of FTAs (with trade diversion and creation), and the growth of FTAs and customs unions (CUs) as opposed to multilateral trade liberalizations.

Details

Darden Business Publishing Cases, vol. no.
Type: Case Study
ISSN: 2474-7890
Published by: University of Virginia Darden School Foundation

Keywords

Article
Publication date: 19 June 2009

Marie‐José Rinaldi‐Larribe, William S. Lightfoot and Zhongxiu Zhao

Throughout the past 30 years, major economic reforms have been implemented in China; in 2001, China's accession to the World Trade Organization (WTO) was a major step, since it…

1985

Abstract

Purpose

Throughout the past 30 years, major economic reforms have been implemented in China; in 2001, China's accession to the World Trade Organization (WTO) was a major step, since it enabled the country to formally join the globalised world. But China entered the WTO without market economy status (MES), meaning that other countries can easily use the WTO international settlement body in antidumping procedures against Chinese firms. Since joining the WTO, Chinese authorities have repeatedly attempted to gain this status, arguing that considerable progress has been made in dealing with dumping, and that the transition process from a planned to a market economy (ME) has been considerable. This paper aims to explore the issues surrounding this situation.

Design/methodology/approach

The authors searched the literature in order to understand the reasons why China has been denied the MES until now, according to previous analyses, in order to confront those findings with their own ideas on the subject. Moreover, they list the criteria used by the USA and the European Union (EU) in order to justify the non‐recognition of China as an ME, and they question whether the Chinese economy meets those criteria.

Findings

The paper assesses the extent of the reforms implemented, and determines the further stages that are needed in the transition process.

Originality/value

This paper is a viewpoint that enables readers to have a more precise idea of the present situation of the Chinese economy in terms of being or not an ME, an issue that is often raised but with no clear‐cut conclusion.

Details

Journal of Chinese Economic and Foreign Trade Studies, vol. 2 no. 2
Type: Research Article
ISSN: 1754-4408

Keywords

Article
Publication date: 4 March 2020

Laurence Beierlein

The purpose of this paper is to investigate the relevance and contradictions of development aid in crafting governance responses for enabling long term social upgrading in global…

Abstract

Purpose

The purpose of this paper is to investigate the relevance and contradictions of development aid in crafting governance responses for enabling long term social upgrading in global garment value chains. Since governance responses are multilevel, we propose to analyse the interrelation between the global and the local level through the case study of a private regulatory initiative of a new type: the Accord on Fire and Building Security in Bangladesh, operationally run like a development aid programme. We aim at explaining the reasons why it has been banned from operating in the country.

Design/methodology/approach

We use the framework of the Global Value Chain (GVC) approach since it is operationally used in development aid and has broadened its focus to investigating the link between economic and social upgrading. It further helps to understand multilevel and multiactor governance responses. Using multiple secondary sources we describe the context in which the Accord emerged, explore its provisions and operations, and analyse the contestation pertaining to its termination. We analyse the Accord both as a global governance tool and a field-level development aid actor that addresses social issues in GVCs.

Findings

As an ILO led operational programme, the Accord, since its inception, has proven globally effective at improving workplace safety for many workers. However it has been resented for being hegemonic and, as a governance tool, it has neither succeeded in addressing the flaws of private regulatory initiatives nor changed existing power relationships in GVCs.

Originality/value

The early termination of the Accord has not yet been analysed. In light of this, we propose new insights on the rising role of development aid in private governance responses.

Details

Society and Business Review, vol. 15 no. 2
Type: Research Article
ISSN: 1746-5680

Keywords

Article
Publication date: 11 March 2014

Meenakshi Ramesh Kurpad

The primary aim of this paper is to evaluate the challenges before the growth of the ready-made garment (RMG) industry in Bangladesh, the economy's backbone, and suggest…

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Abstract

Purpose

The primary aim of this paper is to evaluate the challenges before the growth of the ready-made garment (RMG) industry in Bangladesh, the economy's backbone, and suggest appropriate reform.

Design/methodology/approach

The paper begins by tracing the growth and evolution of the RMG industry before identifying the challenges. It then proceeds to suggest appropriate reform for the same.

Findings

The paper argues for more effective models of collective bargaining and unionism as a solution to the problems that the industry faces.

Originality/value

The paper is the first of its kind in the sense that it is a comprehensive account of the challenges to the RMG industry in Bangladesh.

Details

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

Keywords

Expert briefing
Publication date: 8 March 2022

Fernandez’s visits to Russia, weeks before the invasion of Ukraine, and to China, to witness the opening of a Winter Olympics boycotted by several Western countries, have renewed…

Article
Publication date: 17 June 2013

Huijiong Wang, Shantong Li and Qi Wang

This paper aims to review four studies which are selected purposefully to outline as objectively as possible the many aspects of lessons, experiences, achievements, and areas in…

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Abstract

Purpose

This paper aims to review four studies which are selected purposefully to outline as objectively as possible the many aspects of lessons, experiences, achievements, and areas in need of further reform in China's ten years' accession into WTO.

Design/methodology/approach

Different views from leading academic and official publications are presented. In addition, the authors contribute their own perspectives on some issues not fully discussed in the literature.

Findings

It is hoped that the successful lessons and experiences from China's remarkable WTO track record can benefit other developing countries and transitional economies seeking economic growth and prosperity by engaging in open trade and operating by rules.

Originality/value

This paper will contribute to the current understanding about China's WTO experience by reviewing relevant literature and adding new perspectives on some issues not fully discussed in the literature.

Details

Journal of Chinese Economic and Foreign Trade Studies, vol. 6 no. 2
Type: Research Article
ISSN: 1754-4408

Keywords

Article
Publication date: 21 June 2011

Elimma C. Ezeani

The purpose of this paper is to examine the critical issue of legal interpretation on the “development question” as they arise before WTO panels and Appellate Body, in view of the…

Abstract

Purpose

The purpose of this paper is to examine the critical issue of legal interpretation on the “development question” as they arise before WTO panels and Appellate Body, in view of the benefits inherent in a more‐rounded consideration of the development needs and concerns of WTO developing country Member States.

Design/methodology/approach

The introduction sets out the background to the challenges of developing countries in utilising the dispute settlement process effectively and using existing support. By analysing relevant cases, Section 2 analyses the “development question” and how it has been so far considered in legal interpretation. Section 3 addresses WTO jurisprudence on development, examining situations wherein “development” arises in the course of WTO dispute settlement. An examination as to how this aspect of WTO jurisprudence may be revisited including the potential aid of trade policy review mechanisms, and procedures for enforcement is then undertaken. It concludes on the position that the WTO judicial review process can work better by providing the much‐needed balance between binding global trade rules and the domestic progress of its developing country membership at the level of dispute settlement.

Findings

This paper establishes the importance of recognising and addressing the fact that core challenges and concerns facing developing countries can and should be factored into the legal interpretation of issues in dispute settlement.

Originality/value

A decisive enquiry into WTO development jurisprudence, this paper addresses developing country capacity to pursue the legal opportunities promised by the WTO dispute settlement mechanism, and how this can be redressed.

Details

Journal of International Trade Law and Policy, vol. 10 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

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