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This article examines the complexities and challenges associated with onshoring manufacturing through local content requirements within the context of World Trade Organization (WTO) law. Governments have intensified efforts to relocate production within their territories, leveraging local content requirements and incentives. This shift is primarily justified by the need for supply chain resilience, public health, and national security, aiming to mitigate risks associated with reliance on foreign suppliers during crises. However, these strategies may conflict with WTO obligations, particularly those concerning trade-related investment measures and subsidies. Using pharmaceuticals as a case study, this article explores the rationale, scope, and implications of WTO rules on local content policies. The analysis provides insights into how nations navigate the delicate balance between enhancing domestic capabilities and adhering to international trade laws. [ABSTRACT FROM AUTHOR]

Background: For the last decades, following an increase in environmental crises, the protection of the environment has been one of the greatest concerns for human beings. Despite the primary objective of the World Trade Organization (WTO) being the promotion of free trade, the severe destruction of the environment due to business activities has forced us to put forward this case in the WTO. As the most significant and influential international organization, the WTO plays a great role in international trade. Sustainable development and protection and preservation of the environment are fundamental goals of the WTO. These objectives, enshrined in the Marrakesh Agreement that established the WTO, complement the WTO's mission to reduce trade barriers and eliminate discriminatory treatment in international trade relations. While the WTO lacks a specific agreement dealing with environmental issues, its members can adopt trade-related measures aimed at protecting the environment, subject to fulfilling specific conditions to avoid the misuse of such measures for protection purposes. The WTO contributes to the protection and preservation of the environment through its objective of ensuring sustainable development, its rules and mechanism for enforcement, and its work in different WTO bodies. Methods: The present study employed approach was to use related articles in Google Scholar and Magiran and records and agreements in WTO to examine environmental cases. Results: The cases analyzed in this study were the following: the gas case with the old and new formula (the US-Gas), the case of the European Union (fireproof cotton), and the case of the turtles and shrimp fishing. Conclusion: The results showed that although the WTO has achieved some environmental milestones, it has not been sufficiently effective in resolving the environmental challenges caused by energy trade. [ABSTRACT FROM AUTHOR]

Copyright of Revista Colombiana de Sociologia is the property of Universidad Nacional de Colombia, Facultad de Ciencias Humanas, Departamento de Sociologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper applies an endogenous institutionalist framework to understand the evolution of the rules‐based international trading system since the end of World War II. We argue that the initial success of the General Agreement on Trade and Tariffs and re‐enforcement that led to the formation of the WTO can be explained by three major factors: the hegemonic position of the US, the belief that international trade would foster prosperity and peace, and Cold War politics. However, declining US hegemony along with a shift in global comparative advantage in labor‐intensive manufacturing led to a shift from multilateral towards preferential trade agreements since the 1990s. Today, the WTO faces several new challenges, including increasing geo‐political competition between the US and China, increasing digitization of commerce, and disrupted supply chains following COVID‐19. A functioning WTO that facilitates global economic re‐integration remains crucial to ensure a strong recovery from the pandemic and continued long‐term prosperity and stability of the global economy. [ABSTRACT FROM AUTHOR]

Abstract The Indonesian government through the Minister of Energy and Mineral Resources Regulation No. 11 of 2019 regarding the Second Amendment to the Ministry of Energy and Mineral Resources Regulation No. 25 of 2018 regarding Mineral and Coal Mining has decided to accelerate the implementation of nickel ore exports starting from January 1, 2020. This regulation is considered to violate the General Elimination of Quantitative Restriction in Article XI of the General Agreement in Tariffs and Trade (GATT) and is being sued by the European Union to the WTO DSB. This article analyzes the scope of Article XI of the GATT and the conformity of the regulation on the ban on the export of nickel ore with justification in the GATT regulatory framework. This article uses a normative juridical approach, with the research done by examining library materials and secondary data. This research is a descriptive-analytical study that analyzes legal instruments related to the issues discussed, to deliver a comprehensive and systematic comprehension of the scope and application of the Quantitative Restriction Principle. This article also shows DSB WTO interpretation on Quantitative Restriction cases is still considered narrow and overrides the goals and rights of a country. Abstrak Pemerintah Indonesia melalui Peraturan Menteri Energi dan Sumber Daya Mineral No. 11 Tahun 2019 tentang Perubahan kedua atas Peraturan Menteri Energi dan Sumber Daya Mineral No. 25 tahun 2018 tentang Pengusahaan Pertambangan dan Mineral Batubara (Permen ESDM 11/2019) memutuskan untuk memberhentikan kegiatan ekspor bijih nikel mulai dari tanggal 1 Januari 2020. Peraturan ini dianggap melanggar Prinsip Restriksi Kuantitatif dalam Pasal XI General Agreement on Tariffs and Trade (GATT) dan dituntut oleh Uni Eropa kepada Dispute Settlement Body World Trade Organization (DSB WTO). Artikel ini menganalisa mengenai ruang lingkup dari Pasal XI GATT dan kesesuaian regulasi larangan ekspor bijih nikel dengan justifikasi dalam kerangka peraturan GATT. Artikel ini menggunakan metode pendekatan yuridis normatif, yakni penelitian hukum yang dilakukan melalui penelitian bahan pustaka serta data sekunder. Penelitian ini bersifat deskriptif analitis yang menganalisa instrument-instrumen hukum terkait, untuk memberikan pemahaman secara menyeluruh dan sistematis terhadap ruang lingkup dan pemberlakuan Prinsip Restriksi Kuantitatif. Artikel ini juga menunjukan bahwa, interpretasi dari panel DSB WTO terhadap suatu kasus masih ternilai sempit dan mengesampingkan tujuan serta hak suatu negara.

In December 2019, the European Commission released a mechanism to fight climate change, namely the European Green Deal. This policy was put in place to materialize the goals of the Paris Agreement on Climate Change of 2015, that is, to combat the issue of climate change along the lines of sustainable development and fight poverty. In the context of the European Green Deal, one of the key instruments envisaged to achieve the ambitious plans of the European Union (EU) is the so-called Carbon Border Adjustment Mechanism (CBAM), which is the focus of this article and has been described as an 'extraterritorial outreach' for attempting to regulate matters outside the EU borders. This article seeks to answer is whether the CBAM is justified in line with the need to protect the environment and address climate change as well as increasing global economic welfare and reducing poverty. This article provides an overview of CBAM, analyses the rationale behind CBAM as well as the various misgivings from third parties. It contextualizes CBAM in the context of free trade and examines whether CBAM is consistent with multilateral trade rules. It then provides the design of a CBAM based on the principles of international trade and sustainable development. The article concludes that, overall, the analysis of CBAMs, particularly regarding the fervency of the EU to make its CBAM compatible with both trade rules and climate change objectives, demonstrates states' growing interest in protecting the planet, while preserving economic values; it also indicates the importance of trade in managing those interests. [ABSTRACT FROM AUTHOR]

This paper examines the impact of Russia's World Trade Organization (WTO) accession on international trade patterns at the firm level. A large literature of cross‐country studies examines the long‐run trade effects of the General Agreement on Tariffs and Trade (GATT)/WTO membership. Our paper contributes to this literature by bringing short‐run micro‐level evidence from the experience of a large trading country. Using customs data on the monthly import and export transactions of Russian firms over the period 2011–2015, we investigate the short‐run responses of firm‐level trade along the intensive and extensive margins following Russia's WTO accession in 2012. Our results indicate an increase in the number of foreign countries that Russian firms export to or import from, and a significant increase in the number of exported products. The evidence on the effects of the WTO accession on the intensive margin of firm‐level trade is mixed. Additionally, we find suggestive evidence that the Russian retaliatory food embargo imposed in response to the Crimean economic sanctions might have been intended as a protectionist policy to help out a vulnerable domestic industry (i.e. agriculture) directly impacted by the country's WTO accession. [ABSTRACT FROM AUTHOR]

Copyright of Estudios de Derecho is the property of Estudios de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The US has imposed substantial additional tariffs on thousands of types of products imported from China. These measures are inconsistent with the bound tariff rates and the MFN rule set forth in the GATT. When challenged before the WTO by China with respect to these measures, the US invoked the public morals exception under Article XX(a) of the GATT as defence. The US invocation of this defence was examined and dismissed by the WTO panel in US – Tariff Measures. This note briefly examines the public morals exception in the GATT, the US measures and defences as well as the findings in the panel report in this dispute. [ABSTRACT FROM AUTHOR]

The World Trade Organization (WTO) held in 2015 twenty years of existence. This article seeks to examine some aspects related to the creation of the institution, particularly in regard to Brazil.

Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Climate change is an essential topic in the contemporary spotlight, and several countries have made efforts to handle it through their international commitments such as the Paris Agreement, which sets an actual baseline that has to be respected to avoid irreparable damage. Carbon taxes came into the picture as plausible tools in the fight against climate change aiming at reducing the production of greenhouse emissions. However, it is necessary to examine such measures under the light of the law of the World Trade Organization to avoid trade concerns or claims by any Member of said organization. Colombia has issued a carbon tax that charges the sale and importation of certain fossil fuels; yet, we believe that the level of protection could be superior by levying the manufacturing industry. Thus, the drafters of such measure must tread carefully on the implications that it may have on the competitive position of foreign products that could be under the scope of the tax to avoid a violation of the notions of discrimination or the imposition of unnecessary restrictions protected through the National Treatment principle enshrined in the gatt. On the other hand, the World Trade Organization allows the justification of an inconsistent measure through the general exceptions enshrined in gatt Article XX. This provision will cover these measures provided that they are not applied as a means of an unjustifiable or arbitrary discrimination or a disguised restriction on international trade. In this research, it will be ascertained how would extended carbon taxes be compatible with the cited rules. [ABSTRACT FROM AUTHOR]

"Trade has the benefits which no country can deny. It is the lifeline of the people living across different boundaries. In the absence of trade, the happiness of the world would be at least reduced to half if not vanish". The role played by foreign trade in the development of the economies of different nations can never be overstated. Foreign trade has been rightly called upon as the engine of economic growth by many prominent economists of international repute. In the absence of international trade, nations would find it not only difficult to utilise their economic resources to the optimum level, but also will not be able to fulfil all the demands of consumption of the people in their economies. Present paper endeavours to present the utility of international trade in the development of any economy and volume of foreign trade in pre-reforms and post-reforms periods. [ABSTRACT FROM AUTHOR]

From the formation of the General Agreement on Tariffs and Trade (GATT) in 1948, to the ending of the ill-fated Trans Pacific Partnership Agreement (TPP) in 2017, United States' leaders of both political parties have encouraged international trade. This paper examines four policy changes since GATT that may provide future solutions: Japan's Voluntary Export Restraints in 1981, the creation of the North American Free Trade Agreement (NAFTA) in 1994, China's entrance into the World Trade Organization (WTO) in 2001, and the termination of the TPP in 2017. Despite a repeated negative trade balance, the percentage of trade in the GDP has been very meaningful to the U. S. economy. In an inspection of trade winners and losers, certain industries have done very well. The overall tradable sector has declined, while the non-tradable sector has seen very significant growth. One problem is that tradable industries pay workers more than their service counterparts, but face an unfulfilled need for trained workers. Multinational firms (MFN's) have prospered. Small firms, employing semi-skilled workers and supplying those MFN's have disappeared. Also as the United States wrestles with immigration, the semi-skilled jobs that the new entrants to the U.S. could have expected historically are gone. [ABSTRACT FROM AUTHOR]

Copyright of Medunarodni Problemi is the property of Institute of International Politics & Economics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Hacettepe Law Review is the property of Hacettepe Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

International trade in used electrical and electronics equipment (UEEE) provides an avenue for socio-economic development in the developing world and also serves as a conduit for transboundary dumping of waste electrical and electronic equipment (WEEE) also referred to as electronic waste or e-waste. The latter problem arises from the absence of a regulatory framework for differentiating between functional UEEE and junk e-waste. This has resulted in both functional UEEE and junk e-waste being concurrently shipped to developing countries under the guise of international trade in used electronics. Dealing with these problems will require effective regulation of international trade in UEEE from both exporting and importing countries. Although, the export of e-waste from the European Community to developing countries is currently prohibited, significant amounts of e-waste from the region continue to flow into developing countries due to lax regulatory measures in the latter. Hence, there is a need for a regulatory regime in developing countries to complement the prohibitive regime in the major e-waste source countries. This paper proposes trade measures modelled in line with WTO rules that could be adopted by developing countries in addressing these problems. The proposed measures include the development of a compulsory certification and labelling system for functional UEEE as well as trade ban on commercial importation of UEEE not complying with the said certification and labelling system. The paper then goes further to examine these proposed measures in the light of WTO rules and jurisprudence. [ABSTRACT FROM AUTHOR]

As the World Trade Organization (WTO) begins its third decade, its future is uncertain. The initial expectation that the WTO would be the fulcrum for future international trade agreements has not been met. At best, its tenure has had mixed results. This review addresses the political consequences of WTO membership, focusing on the rules and norms of the regime and why they have become less functional over time; looks at the effectiveness of the WTO and the dispute settlement system in encouraging trade and compliance with agreements; and offers some general thoughts on the impact of shifting mass opinion on the virtue of trade agreements and other stumbling blocks the WTO faces. [ABSTRACT FROM AUTHOR]

This article studies the latest trends observed in the area of contradictory relations between countries with regard to international trade, which cause changes in the paradigm of international trade disputes. It has been found out that any state of inconsistent relations between the countries is recently characterized as a «trade war». It has been analyzed the notions of «dispute», «conflict», «war» according to international regulatory documents and determined the applicability of these terms depending on a number of criteria. It has been studied the evolution of the objects of international trade disputes since the time of ancient Greece until today, and new trends based on this have been revealed with regard to use of trade policy instruments that cause disputes between countries. Several specific examples of international trade disputes and causes of their occurrence have been considered. A quantitative analysis of international trade disputes in general and in relations between the leading countries in terms of a number of the trade disputes in which they were involved has been performed.

In this paper the author examines GATT/WTO's actual contribution to lower tariffs and more open markets. The GATT has played a core role in the reduction of non-agricultural tariffs in developed countries, but some of the oft-quoted trade liberalization figures may be misleading. Developing countries for many decades prior to the Uruguay Round made little use of the GATT to reduce or bind their tariffs. Uruguay Round commitments have mostly extended the binding coverage, sometimes at levels far above the applied rates. It is also important to evaluate the effect of the GATT/WTO on border measures. Here again, the multilateral system can claim partial success. The author also examines GATT/WTO's contribution to world trade growth.

O trabalho traça uma análise histórica do Sistema Multilateral de Comércio (SMC), tendo como foco a sua importância para a conformação da ordem econômica internacional do pós-Segunda Guerra Mundial. A partir de uma perspectiva analítico-evolutiva, faz-se uma apresentação do contexto internacional no qual o sistema multilateral foi gerado e identificam-se as interações entre as transformações históricas mundiais, tanto no plano político quanto no econômico, e a estruturação do Sistema Multilateral de Comércio, desde o Acordo Geral sobre Tarifas e Comércio (em inglês, General Agreement on Tariffs and Trade (GATT)) até a Organização Mundial do Comércio (OMC). Ademais, o papel desempenhado pela diplomacia econômica brasileira na construção e transformação do SMC será discutido ao longo do presente trabalho. Também são feitas considerações sobre a atual Rodada de negociações multilaterais, a Rodada Doha, e a sua relevância na ótica dos países em desenvolvimento.This work brings a historical analysis of the multilateral trading system, focusing on its importance to the building up of the international economic order, after the Second World War. From an evolutionary perspective, the international context in which the multilateral trading system was created is presented. Moreover, the interactions between world historical transformations and the development of the multilateral trading system, from GATT to WTO, are analyzed, both in political and economic points of view. Furthermore, the role played by the Brazilian economic diplomacy in building and transforming the multilateral trading system is analyzed. Some considerations are also made on the Doha Round of trade talks and its importance to the developing countries.

This article undertakes an innovative analysis of the theoretical and practical bases of world trade law by employing the interactional international law theory developed by Jutta Brunnée and Stephen Toope, and the jurisprudence of Lon L. Fuller. There are two main reasons for choosing an interactional approach. Firstly, through the constructivist notion of shared understandings, it offers a suitable framework for identifying the social foundations of world trade in terms of economic and legal inputs into the system. Secondly, Fuller's contributions are acutely relevant to world trade law because of the economics foundation of his morality of law thesis, and his insightful reflections on fidelity to law, legality, and adjudication. Fuller's jurisprudence pays close attention to the limits of adjudicating institutional rules that apply to the allocation of economic resources. This makes it useful for discussing the procedural challenges facing the World Trade Organization compliance regime. [ABSTRACT FROM AUTHOR]

South-South trade has become a core component of the contemporary trade debate, but the idea of using preferential trade agreements among developing countries to foster industrialization and diminish dependence on the North has a long history. This article examines the North-South and South-South politics surrounding two efforts to operationalize this idea-the Protocol Relating to Trade Negotiations Among Developing Countries in the General Agreement on Tariffs and Trade and the Global System of Trade Preferences Among Developing Countries within the UN Conference on Trade and Development. It argues that the rich world has been somewhat obstructive in these efforts, but ultimately the primary cause for the weakness of these agreements is traced to failure by the Global South to make good on the rhetoric surrounding economic cooperation and South-South solidarity. Lessons from this history must be learned if current efforts to extend the GSTP are to bring greater benefits, particularly to the least developed. [ABSTRACT FROM AUTHOR]

The article discusses the debate regarding the Transatlantic Trade and Investment Partnership (TTIP) between the U.S. and Europe. Explored is the agricultural trade between both countries as well as the implementation of the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement). Mentioned is the ban on hormone-treated beef in Europe.

This article proposes to study the participation of Latin American delegations during the Havana Conference, which negotiated and approved the Charter of International Trade Organization (ITO), including the General Agreement on Tariffs and Trade (GATT), in 1947-1948. It shows that the prevalent understanding of Latin American countries was that the Havana negotiations would be the outcome of their existing political and material power asymmetries in relation to the industrialized countries. They believed that their fragile economies should face the strong economies of the industrialized countries by economic planning and import substitution, already in place in several Latin American countries since the 1930s and the 1940s. The article also shows that the construction of the post-World War II international trade regime was in fact characterized by strong material and political inequalities, which undermined Latin American countries abilities to negotiate. [ABSTRACT FROM AUTHOR]

China's accession in the World Trade Organization was one of the hotly debated topics in international trade arena. Ironically, after years of incense that the West was trying to keep China out of the trade body hence it was a long battle for China to get access in this multilateral trade regime. Many worried before the accession that China's trade will face tremendous competition from the west, the agricultural and infant industries will face a vulnerable condition and that China as a nation will become knotted in a global capitalist network that will erode the country's sovereignty. By contrast, the optimists' view was that China's entry will promote the rule of law in the country, reduce the state interference over the citizen and accelerate China's trade into new level and thus China's entry will benefit not only China but also the global community. Though there were difficulties to reform the trade policies and legal system to make it conformity with WTO standards but China got the chance to reinforce the directions in which China's economy and polity have been moving in recent years. By examining China's accession history in WTO, particularly since it signed the Havana Charter, this Article finds its experience in the GATT and aneagerness to participate the multilateral trading system and a objective to change its trade policy and legal system. [ABSTRACT FROM AUTHOR]

The World Trade Organization (WTO) held in 2015 twenty years of existence. This article seeks to examine some aspects related to the creation of the institution, particularly in regard to Brazil. [ABSTRACT FROM AUTHOR]

In the high times of the globalization and liberalization of the economies worldwide has been seen as a result of the multilateral trade relations and the advent of the World Trade Organisation. The signing of the GATT and membership of the multilateral institutions such as World Bank and International Monetary Fund has brought the international trade at an open business platform wherein anybody can do business in any country without any hassle. All this is possible due to the emergence of the national policies towards the international adaptable policy regime. This policy coherence which has enabled the economies to design the policy framework acceptable to the international business economies and units, has contributed to the growth of the multilateral trade and developmental activities. The paper studies the emergence and role of policy coherence in the national policies as adaptable to the international trade policy framework and regime. [ABSTRACT FROM AUTHOR]