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Darjeeling is an important tourist destination and situated in the lower Himalayas at an average elevation of above 2000 m. Next to water, tea is the most extensively consumed beverage by human beings. Today, hills of Darjeeling positioned as one of the best quality tea productions in the world. Darjeeling tea has a complex and unique amalgamation of agro-climatic conditions which contributed to its unique savour and quality that has won the heart of millions of consumers across the globe. The unique quality and reputation of the tea attributable to its geographical origin was the major reason for Darjeeling tea to get the first Geographical Indications (GI) status in India in 2004. The basic objective of the study is to analyse the role of Geographical Indications in improving the living standard of the local community. After the analysis, it was concluded that tea is a labour-intensive industry which required a good number of labourers to plant, bend, pluck and manufacture. Darjeeling's fragile ecosystem has been endangered by increasing demand for natural resources. There is an urgent need to make locals aware about the different advantages of GI so that they can avail the benefits of it and improve things in future. [ABSTRACT FROM AUTHOR]

The paper concerns implications of the WTO rules on domestic regulations and trade policy measures and analises trade policy options available for a WTO member-state under the WTO rules that may maintain benefiting from the WTO membership. It describes effects of the WTO disciplines on institutional structure of the member-states and analyses issues relating to the formulation of the WTO compatible trade policy measures and mechanisms of their application, examines possibilities for the utilisation of contingency protection measures available under the WTO law. Issues of institution building, trade regime formation and creation of an adequate normative basis of the trade policy formulation is also touched upon based on such analysis, given that the mentioned aspects of the WTO membership is a necessary condition for a successful WTO compliant trade policy. At the same time, it also becomes important to ensure achievment of the development and welfare interests and avoid of subjecting foreign trade measures to private interests by way of establishment of the appropriate procedures and legal environment. Therefore, shaping trade regime and legal procedures in a way enabling formulation and implementation of measures serving the community interests and excluding or minimising utilisation therof in the interests of the private interest groups aquire utmost importance. Based on this, the paper analyses interactions between the rules, practices and institutions comprising the WTO law and the trade regimes of the memberstates and explores possibilities of establishing, conducting and adaptation of the WTO complaint trade policies capable of ensuring acievement of social and econimic development goals. Therefore, the paper explores the trade policy regulation mechanisms of the states within the normative and institutional framework established by the WTO law, as well as the possibilities of introducing economic and social development-oriented trade policies by the member-states and candidates for membership in accordance with the WTO law. For these purpose, the legal and institutional aspects of the WTO affecting formation of trade policies and the application of trade measures by the member states and consequencies of mutual institutional influences between the WTO law and the trade policies of the member states are highlighted, principal legal and institutional effects arising from the WTO agreements have been analysed, experience of the WTO members in trade policy formulation and implementation have been summarized, deficiencies and shortfalls in the internal legal systems and institutional structures that may arise in connection with the membership in the WTO identified based on analysis of the experience of the WTO members, recommendations and proposals regarding legal adaptation and institutional changes that may be considered necessary or appropriate in connection with WTO membership have been formulated. It is shown that membership in the WTO results in long-term effects on the country's economy, and these effects concern primarily the legal regulation of trade relations. WTO membership, creates the need to constantly adapt the application of trade policy measures to the WTO requirements. The paper asserts that specific times, durations and purposes of trade measures applicable in accordance with the WTO law depend on the specifics of the objectives and the issues to be resolved in a specific political and economic conditions and, therefore, must be determined individually in each case. The trade policy in such case needs to be purposefully and organically reconciled with general macroeconomic measures such as tax policy, labor market regulations, investment environment, currency policy, etc., in order to be able to maintain economic efficience and social welfare under the WTO rules, otherwise it is possible that membership in the WTO can become a source of economic and social tensions. WTO membership may vreate serious economic and social risks. Mitigation of such risks requires adaptation of the legal regulation, as well as institutional and power structures. Solutions should accomodate specific political, economic and social situations, institutional structure and would require involvement of adequate fianacial and intellectual resources. The paper also toches upon the issues of transparency, market competition, good governance methods, market inadequacy and market protection possibilities. As an overall conclusion, it is asserted that adherence to the WTO rules does not ensure the increase in the level of well-being, economic and social development, but only creates the basis for it. Achieving these goals may not be possible through membership in the WTO, but through appropriate organizational structure taking into account the membership requirements, as well as thoughtful decisions on the use of opportunities provided by the WTO. Although the requirements are numerous, the freedom to decide about these requirements is not small. This last aspect is a key issue to consider in terms of the impact of the WTO on trade policy and market access conditions. [ABSTRACT FROM AUTHOR]

The paper concerns implications of the WTO rules on domestic regulations and trade policy measures and analises trade policy options available for a WTO member-state under the WTO rules that may maintain benefiting from the WTO membership. It describes effects of the WTO disciplines on institutional structure of the member-states and analyses issues relating to the formulation of the WTO compatible trade policy measures and mechanisms of their application, examines possibilities for the utilisation of contingency protection measures available under the WTO law. Issues of institution building, trade regime formation and creation of an adequate normative basis of the trade policy formulation is also touched upon based on such analysis, given that the mentioned aspects of the WTO membership is a necessary condition for a successful WTO compliant trade policy. At the same time, it also becomes important to ensure achievment of the development and welfare interests and avoid of subjecting foreign trade measures to private interests by way of establishment of the appropriate procedures and legal environment. Therefore, shaping trade regime and legal procedures in a way enabling formulation and implementation of measures serving the community interests and excluding or minimising utilisation therof in the interests of the private interest groups aquire utmost importance. Based on this, the paper analyses interactions between the rules, practices and institutions comprising the WTO law and the trade regimes of the member­states and explores possibilities of establishing, conducting and adaptation of the WTO complaint trade policies capable of ensuring acievement of social and econimic development goals. Therefore, the paper explores the trade policy regulation mechanisms of the states within the normative and institutional framework established by the WTO law, as well as the possibilities of introducing economic and social development-oriented trade policies by the member-states and candidates for membership in accordance with the WTO law. For these purpose, the legal and institutional aspects of the WTO affecting formation of trade policies and the application of trade measures by the member states and consequencies of mutual institutional influences between the WTO law and the trade policies of the member states are highlighted, principal legal and institutional effects arising from the WTO agreements have been analysed, experience of the WTO members in trade policy formulation and implementation have been summarized, deficiencies and shortfalls in the internal legal systems and institutional structures that may arise in connection with the membership in the WTO identified based on analysis of the experience of the WTO members, recommendations and proposals regarding legal adaptation and institutional changes that may be considered necessary or appropriate in connection with WTO membership have been formulated. It is shown that membership in the WTO results in long-term effects on the country’s economy, and these effects concern primarily the legal regulation of trade relations. WTO membership, creates the need to constantly adapt the application of trade policy measures to the WTO requirements. The paper asserts that specific times, durations and purposes of trade measures applicable in accordance with the WTO law depend on the specifics of the objectives and the issues to be resolved in a specific political and economic conditions and, therefore, must be determined individually in each case. The trade policy in such case needs to be purposefully and organically reconciled with general macroeconomic measures such as tax policy, labor market regulations, investment environment, currency policy, etc., in order to be able to maintain economic efficience and social welfare under the WTO rules, otherwise it is possible that membership in the WTO can become a source of economic and social tensions. WTO membership may vreate serious economic and social risks. Mitigation of such risks requires adaptation of the legal regulation, as well as institutional and power structures. Solutions should accomodate specific political, economic and social situations, institutional structure and would require involvement of adequate fianacial and intellectual resources. The paper also toches upon the issues of transparency, market competition, good governance methods, market inadequacy and market protection possibilities. As an overall conclusion, it is asserted that adherence to the WTO rules does not ensure the increase in the level of well-being, economic and social development, but only creates the basis for it. Achieving these goals may not be possible through membership in the WTO, but through appropriate organizational structure taking into account the membership requirements, as well as thoughtful decisions on the use of opportunities provided by the WTO. Although the requirements are numerous, the freedom to decide about these requirements is not small. This last aspect is a key issue to consider in terms of the impact of the WTO on trade policy and market access conditions.

The subject of the study is the conceptual, theoretical, empirical, methodological and applied foundations of the international legal status of the WTO in the context of economic globalisation. Methodology. General scientific and specific legal methods were used in the research process. With the help of the analysis the quantitative and qualitative characteristics of international trade are determined as a prerequisite for the determination of the international legal status of the WTO in the conditions of economic globalisation. The synthesis ensured the formation of characteristic features of the legal status of the WTO as an international organisation. The comparative legal method allowed to identify the common and distinctive features of international organisations in this area, as well as to clarify the defining aspects of the legal personality of the WTO in the modern international legal field. The formal-legal method created the conditions for formulating conclusions on the effectiveness of the implementation of the legal personality of the WTO in the sphere of ensuring the rules of international trade in the conditions of economic globalisation. The purpose of this article is to identify the characteristics of the international legal status of the WTO under the conditions of economic globalisation. The results of the study showed that the international legal status of the WTO in the conditions of economic globalisation is based on the basic principles of legal regulation of international trade and is mediated by the purpose of activity, legal personality, the order of formation and powers of the governing bodies, principles and procedural aspects of the functioning of this organisation. Conclusion. The international legal status of the WTO in the conditions of economic globalisation is considered from the standpoint of a dichotomous approach to this category from the standpoint of economics and law. Economic preconditions for the introduction of international trade rules in the form of GATT, 1947 and WTO research through the analysis of primarily statistical data of the periods 1947-1948 and 2017-2022, reflected in the consolidated information data of the WTO, as well as the study of individual theoretical considerations of scientists. Statistical indicators show clear signs of globalisation of the world economy, which is mediated by international trade operations, as a result of which the creation of transparent mechanisms for the circulation of goods within the framework of trade activities as a kind of existence of the world community through various static and dynamic legal constructions, among which WOT occupies almost the most significant importance along with other international organisations. The above is demonstrated by the example of the impact of COVID-2019 on international trade, the corresponding reaction to which was the revitalisation of trade processes, primarily in the field of pharmaceutical industry products. The above has covered the main principles of international legal regulation of trade relations at the formal and substantive level, which is carried out at the universal international legal, regional international legal and national levels. In connection with the differentiation of the components of the legal personality of the WTO, the definition of international legal capacity is given as the ability of a subject of international activity to acquire appropriate rights for itself by its own actions and to exercise them independently, as well as to create corresponding obligations for itself by its actions, to fulfil them independently and to bear responsibility in case of their non-fulfilment. In terms of the nature of this organisation, its place among other similar international organisations, in particular those operating within the framework of the UN, was invented by the field of activity, where attention is paid to the predominance of the latter in order to maintain international peace and security. The purpose of the activities of the WTO is to create and ensure international, multilateral, open, based on fair competition and other features inherent to trade in modern society, where the quasi-procedural moment, based on the replacement of a number of bilateral and multilateral agreements, is an external manifestation of such activity. It characterises the original and derivative legal instruments of the WTO's operation, defines the socio-economic and legal purpose of its activities, defines the structure and powers of the WTO's governing bodies, and focuses the organisation's legal personality on the procedural aspect of its activities, in particular through the implementation of relevant principles, among which the principle of maximum contribution plays a leading role.

This paper analyses how regulatory convergence in different categories of technical barriers to trade (TBTs) imposed on imports of goods in information and communications technology (ICT) globally affected the values, volumes and unit values of imported goods during the period 1996–2019. Keywords cited in TBTs that are notified to the World Trade Organisation (WTO) give an indication of the regulatory objectives behind the imposition of TBTs. MAST also classifies TBTs based on their applicability, procedural and administrative uses, factors which will also be taken into consideration in the analysis. However, the objectives of TBTs may provide better insights to policymakers. TBTs are non-discriminatory measures that are imposed unilaterally on all trading partners and on domestic producers. It is not feasible to analyse unilateral TBTs in a gravity setting, as they are excluded by the introduction of country-product-time fixed effects that control for multilateral resistances. However, regulatory convergence in TBT categories is a bilateral time-varying variable that is analysed in a gravity model in this paper. The empirical results suggest that regulatory convergence between trading partners in some TBT categories stimulates import values and volumes. However, the impact is very heterogeneous across TBT objectives and classes and across ICT product categories. [ABSTRACT FROM AUTHOR]

In 2011, Trade Ministers of the World Trade Organisation (WTO) adopted a Decision that allows WTO Members to accord preferential treatment to services and service suppliers originating in least‐developed countries (LDCs). In 2013, another Ministerial Decision was adopted to operationalise the 2011 Waiver Decision. This paper has examined whether the Waiver Decision had been effective in promoting LDCs' commercial modern and traditional services exports and whether Aid for Trade (AfT) flows in favour of the services sectors were instrumental in achieving this objective. The analysis has used 43 LDCs over the period 2005–2018 and the difference‐in‐difference framework along with the two‐step system generalised method of moments estimator. The control group includes 20 Low‐Income Countries (designated as such by the International Monetary Fund) from which LDCs (as defined by the United Nations) are excluded. The analysis has revealed that the Waiver Decision led to higher modern commercial services exports at the expense of traditional commercial services exports. Moreover, as LDCs improved their trading capacity over time (thanks to the cumulative AfT flows for services), the Waiver Decision induced greater modern commercial services exports, but exerted a mixed effect on LDCs' traditional services exports. [ABSTRACT FROM AUTHOR]

Studies have argued that gridlock in the multilateral trade regime has contributed to processes of regime shifting and creation through the expansion of regional and bilateral agreements. Scholars have long debated the impact of such agreements on the multilateral regime exploring their effect on the incentives of insiders, countries that have signed such agreements, and outsiders, countries that are excluded from such agreements. Based on interviews with officials from sixty member states at the World Trade Organisation, this paper examines this issue by analysing the behaviour of insiders and outsiders in the multilateral trade regime. While analysis of trade and investment diversion might lead us to predict that outsiders will have a stronger interest in the multilateral regime, I find that insiders, particularly middle powers, are key drivers of attempts to end the stalemate in the World Trade Organisation by championing what became known as Joint Statement Initiatives. I explain this position by the systemic support of middle powers to the multilateral regime and by the shift in trade governance towards deep integration issues in which discrimination against outsiders is infeasible or costly. [ABSTRACT FROM AUTHOR]

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Increasing temperatures and their effects due to climate change have given urgency to both mitigation and adaptation measures. The states' targets to become carbon neutral after the Paris Agreement and the effects of the measures taken for these targets on international trade draw attention. The World Trade Organisation (WTO), which was established in 1995 as the continuation of the 1947 General Agreement on Tariffs and Trade (GATT), directs the trade policies and practices. In this study, it is aimed to examine the WTO rules and practices in the context of climate change mitigation and adaptation measures, and to reveal the legal framework in which climate measures can/cannot find a place together with their reasons, by descriptive method. As a result, in order to combat climate change, it is necessary to make room for innovative rules and practices in the WTO, to deepen multilateral cooperation, and to eliminate both trade and climate asymmetries between countries. This issue is one of the complex and challenging dimensions of the climate change problem. [ABSTRACT FROM AUTHOR]

International negotiations, particularly in international organisations with a large number of members, can be long and fraught. Reaching consensus between a large number of countries is not an easy task and this point is often ignored in news reports relating to international negotiations. This article argues that when teaching students about the conduct of international negotiations, their understanding can be greatly enhanced by the use of active learning techniques such as role playing, simulations and games. However, much of the literature describes simulations which take time to prepare and are often run over several hours or days. This article argues that we need to develop shorter, seminar length simulations which students can relate to in order to help their understanding of the issues and processes around negotiations. Highlighting the consensus process in the World Trade Organisation (WTO) and drawing on experience of teaching students about the WTO, this article elaborates a seminar length exercise which can be used to illustrate some of the negotiation processes in the WTO while at the same time teaching students about the process and difficulties of consensus building with a familiar scenario. [ABSTRACT FROM AUTHOR]

The World Trade Organisation (WTO) Government Procurement Agreement (GPA) has created the most comprehensive plurilateral system for procurement-related trade liberalization. However, there has been a proliferation of free trade agreements (FTAs) regulating public procurement liberalization, including between GPA parties. Such FTAs seek to bypass or go beyond the GPA on a bilateral basis, or with a more limited plurilateral remit. Such FTAs tend to follow a 'GPA+' approach to provide incremental trade liberalization based on the substantive provisions of the GPA. However, there is a trend of substantive divergence between the GPA regulatory baseline and the FTA regulation of crucial issues, such as the national treatment obligation or access to remedies. This is also true of FTAs involving the European Union (EU) or, recently, its former Member State, the UK. This creates a situation of potential conflict of treaty norms that has so far received limited attention. This article focuses on the resolution of conflicts between GPA and FTA substantive provisions under the 1969 Vienna Convention on the Law of Treaties (VCLT), using the UK's post-Brexit FTAs as a case study. It argues for a rationalization of the system by extending the use of incorporation by reference of the GPA in FTAs involving GPA parties. [ABSTRACT FROM AUTHOR]

India and South Africa approached the World Trade Organisation to negotiate the temporary waiver of Intellectual Property (IP) rights on Covid-19 vaccines to remove the artificial barrier of patents and boost vaccine production. This commentary advocates for the waiver of IP rights on Covid-19 vaccines. First, the article makes a case for the debate on the validity of the Covid-19 vaccine to qualify for a patent. Market failure and underinvestment in research and development arguments do not hold for granting a patent to Covid vaccines. Next, the article briefly reviews the evidence on the association between vaccination and virus mutations. Evidence suggests that waiving patents is vital to increase vaccination worldwide and curb mutation and reduce the risk of more infectious new variants. Finally, the article argues that the rationale for a patent is economical, based on incentivising innovation and therefore, the losses suffered by various sectors of the economy due to new variant induced fatalities and lockdowns need to be considered for a case for its waiver. [ABSTRACT FROM AUTHOR]

Over the past few years, organic farming has seen a dynamic development globally. In 2015, the global market for organic products was €81.6 billion, rising to more than €90 billion in 2018 (Światowy rynek produktów ekologicznych osiągnął wartość 90 mld euro 2019). There has also been a significant rise in the production of organic products by the group of Least Developed countries (LDCs) (such as African countries), which are being supported by all the World Trade Organisation negotiations within the Doha Round. The aim of this article is to present different definitions of organic farming according to the most important international organizations. Furthermore, it will examine the status of the organic farming sector in selected examples of Africa’s LDCs and investigate the results of Doha’s negotiations within the agricultural market (particularly towards LDCs). Finally, it will investigate the status and the latest developments of organic farming in the LDCs compared to Poland. The research methods used in the article include an analysis of available documentary and literary sources on the topics in question, the development of relevant statistical surveys, and the deductive approach to draw conclusions from the development of organic agriculture in LDCs and Poland (as an example of a Central European Country).

The aim of this paper is to examine some of the current issues regarding the degree of liberalization in Serbian economy as a part of the accession process to the World Trade Organization. Serbia's membership of the World Trade Organization is prerequisite for closing Chapter 30 in the accession negotiations with the European Union. The membership of the World Trade Organization should have a highly positive effect on the economic development of the Republic of Serbia. Closing the negotiations with the World Trade Organization will, if accompanied by other relevant economic policy measures, result in a stronger national economy and its further economic liberalization. Within the liberalization process, it is necessary for the state to intervene by its measures, as necessary, in certain areas of economic and social life.

Post-crisis economy on both sides of the Atlantic faces various protectionist strains. The paper investigates how various public campaigns and rules that boost consumer ethno-centrism, both at the national and EU level, come into line with free trade agreements signed by most of the contemporary states. The paper discusses the consistency of buy domestic campaigns supported by the states with the World Trade Organisation (WTO) and European Union (EU) legal principles on free movement of goods. These campaigns, especially when sponsored by public authorities, are in many aspects discriminatory. Furthermore, the promotion of negative stereotypes with respect to foreign goods does not differ very much from discrimination of foreigners. The paper finds that the WTO and the EU have quite similar provisions with respect to non-pecuniary restrictions on the free movement of goods, a form of which are also buy domestic campaigns. These provisions, however, have been interpreted in a very different manner by the EU Court and WTO dispute settlement bodies that leads to important differences in respect of the legality of publicly supported buy domestic campaigns under the respective legal systems.

The Covid-19 epidemic, which suddenly affected the whole world, had a serious negative impact not only on the global health system but also the global trade system. The World Trade Organization (WTO), which has 164 members including Turkey as well undertakes the main responsibility for the institutionalization of international trade, was inadequate in response this crisis that brought world trade to a halt when it first emerged, and has come to the center of criticism. In particular, due to the need for medical products, States have turned to national protectionist policies and primarily prohibited or restricted the export of these products. As a rule, WTO rules prohibit quantitative restrictions involving such measures. On the other hand, some exemption and exception provisions are included to relieve Member States from their obligations under this prohibition. The purpose of this article is to evaluate the compliance of the export restrictions and prohibitions implemented by the States after the Covid-19 with the WTO Rules in the light of selected cases. [ABSTRACT FROM AUTHOR]

The authors have formulated and consistently proved the hypothesis that well-functioning interaction of tax and customs authorities is required to increase the effciency of the state revenues administration. The mechanism of this interaction should be formed when implementing the standards of the World Customs Organization and the World Trade Organization into the Russian legislation. The research is particularly relevant since Federal Law No. 289 of 03.08.2018 “On Customs Regulation” has entered into force. This law includes article 222 “Interaction and cooperation of customs and tax authorities”. As scientifc and practical results, promising areas for development have been worked out: improving unifed mechanism of customs, tax administration and currency control based on integrated innovative technologies; implementing international standards developed under the auspices of the World Customs Organization; creating prerequisites for the transition to the payment of import customs duties and taxes after the release of goods for law-abiding business; redistributing functions of customs and tax authorities. The authors propose to leave the control of import duties payments for the customs authorities, and to delegate the control of VAT and excise taxes on imported goods payments to the tax authorities. The article includes the results of a comparative legal analysis of the acts of the World Customs Organization, the Financial Action Task Force on Money Laundering (FATF), the Organization for Economic Cooperation and Development (OECD) and the Agreement on Cooperation of the Federal Customs Service and the Federal Tax Service of Russia. It justifes the conclusion that the studied cooperation is the most important tool for the customs payments administration. This is confrmed by the statistics on additional and pre-leased revenues to the state budget based on the results of joint and coordinated verifcation activities. The result of the study is the formulation of promising areas for improving the interaction of customs and tax authorities in the Eurasian Economic union (EAEu) and Russia.