FREE ELECTRONIC LIBRARY - Dissertations, online materials

Pages:   || 2 | 3 |

«ARTICLES Mitsuo Matsushita, Export Control of Natural Resources: WTO Panel Ruling on the Chinese Export Restrictions of Natural Resources Diane ...»

-- [ Page 1 ] --

Trade, Law and Development

Fall, 2011

Vol. III, No. 2

ARTICLES Mitsuo Matsushita, Export Control of Natural Resources:

WTO Panel Ruling on the Chinese Export Restrictions of

Natural Resources

Diane Desierto, Development as an International Right:

Investment in the new Trade-Based IIAs

Patrick Wieland, Why the Amicus Curia Institution is Ill-

suited to address Indigenous Peoples’ Rights before Investor-

State Arbitration Tribunals: Glamis Gold and the Right of Intervention NOTES AND Petros C. Mavroidis, Doha, Dohalf or Dohaha? The WTO COMMENTS Licks its Wounds Claus D. Zimmermann, Toleration of Temporary Non- Compliance: The Systemic Safety Valve of WTO Dispute Settlement Revisited Melissa Blue Sky, Developing Countries and Intellectual Property Enforcement Measures: Improving Access to Medicines through WTO Dispute Settlement   ISSN : 0976 - 2329 eISSN : 0975 - 3346 Trade, Law and Development Vol. 3, No. 2 2011


Justice N. N. Mathur FACULTY-IN-CHARGE Yogesh Pai EDITORS-IN-CHIEF Prateek Bhattacharya Jayant Raghu Ram


(MANAGING) (SENIOR CONTENT) Lakshmi Neelakantan Shreya Munoth Aman Bhattacharya


Meghana Chandra Prianka Mohan Neha Reddy


Namrata Amarnath Ali Amerjee Nakul Nayak Paarth Singh


Shashank P. Kumar Gopalakrishnan R. Meghana Sharafudeen


Raj Bhala Glenn Wiser Jagdish Bhagwati Daniel Magraw B. S. Chimni M. Sornarajah Ricardo Ramírez Hernández Vaughan Lowe W. Michael Reisman Published by The Registrar, National Law University, Jodhpur

–  –  –

The most flattering statement regarding the Doha Round is that there is a lot of uncertainty surrounding its fate. The Doha Round, as originally designed and understood, is not an option anymore. Although a formula has been found to keep the ball rolling, at this stage it is impossible to predict what direction it will take. There exists a lack of leadership to conclude the round and it suffers from inherent birth defects. This absence of a conclusion might send the wrong message at a moment when the WTO is emerging as the only genuine forum of multilateral cooperation. Though this is not the first trade round in the history of the multilateral trading system and definitely not the only one that is taking longer than planned to complete, it is the first time that the round risks being ditched altogether. In all previous rounds, which were essentially ‘business’ deals, trading nations managed to come up with an agreement in the end. This is the first time that they have announced ‘we do it for development’, and they now risk delivering nothing. Something has got to give at this stage, and we are running out of time as far as options regarding ‘deliverables’ are concerned. The accent has correctly been placed on priority issues for the bottom billion. The WTO, even if this effort succeeds, will have to face some tough tests in the near future arising from issues which were not at all addressed during the Doha Round.

–  –  –


  I. FIRST, THE BAD NEWS II. THE ORIGINAL SIN: A ‘DEVELOPMENT’ ROUND A. History Helps (but who cares about it?) B. GSP: Is the Candle worth the Flame?

C. DDA: Aid for Trade (next to GSP) D. Preference Erosion E. Developing Countries and PTAs F. Bottom Line: No Hard Questions asked


A. Fast (but almost Empty) Track B. Between Now and Eternity: The Middle Lane C. Take a Rain Cheque for all remaining issues D. The Real Trichotomy


A. Should the WTO be pro-active?

B. Where do we go from here?


On May 31, 2011 the Director General (DG) of the World Trade Organization (WTO) Pascal Lamy announced before the Trade Negotiating Committee (TNC) of the WTO that the Doha round as we knew it, is dead.1 It remains to be seen if something can still be saved by the definite deadline of December 2011. Lamy repeated that no one wants to drop the Doha mandate (nor the single undertakingapproach2).3 However this statement looks more and more like an empty shell and reflects that the Doha mandate continues to live on as an objective but not as tangible reality.


Chairman’s opening remarks, Trade Negotiations Committee: Informal Meeting, 1 WTO: 2011 News Items (May 31, 2011) available at: http://www.wto.org/english/news_e/ news11_e/tnc_infstat_31may11_e.htm (last visited Sept. 30, 2011) (hereinafter Lamy). The May 31, 2011 TNC meeting was supposed to take a snap shot on what could be done to salvage the Doha Round since, in the absence of an agreement so far, it is becoming increasingly obvious that its conclusion should not be taken for granted. It did not produce any meaningful results other than an informal commitment to re-discuss the issue at the Ministerial Conference to be held in December 2011, see WTO Doc. JOB/TN/11 of May 31, 2011. No luck at the follow up meetings so far, the last being held on July 26, 2011, WTO Doc. JOB/TN/14.

2 “Virtually every item of the negotiation is part of a whole and indivisible package and

cannot be agreed separately”, Principles, How the negotiations are organized, available at:

http://www.wto.org/english/tratop_e/dda_e/work_organi_e.htm (last visited Sept. 30, 2011).

3 Lamy, supra note 1.

Fall, 2011] Doha, Dohalf or Dohaha? 369  In order to address the delay in the determination of the substantive issues under the Doha mandate, Lamy divided the issues on the table into three lists – ‘fast track’, ‘medium track’ and ‘slow track’ based on the possibility of the negotiations materializing by December 2011. This provides the hope that something can still transcend the veil of intangibility and become part and parcel of the future multilateral arsenal, as of December 2011 (the ‘fast lane’). This will be the subject matter of the LDC (least developed countries) list in Lamy’s announcement, which has a (more or less) definite content and comprises DutyFree Quota-Free (DFQF) market access for goods originating in LDCs (including rules of origin), the LDC Services Waiver (a waiver for allowing preferential market access in the service sectors in which LDCs may be given some preferential treatment when offers on this will be made at some later date), and a step forward (to be determined) on cotton.4 The rest of the trichotomy is as follows: an LDC+ list with issues (to be defined) with a significant development component by December 2011 (the ‘middle lane’);5 market access in NAMA (non-agricultural market access), agriculture and services, trade remedies, and TRIPs (trade related intellectual property rights) should be left for later (as they could not be seen as candidates resulting in outcomes this year) in what Lamy himself called the ‘slow lane’.6 How much later? That’s anybody’s guess.

This note discusses how we ended up here in relation to the Doha mandate.

In Section 2, I explain why, in my view, the round was ill-conceived from day one.

In Section 3, I discuss the options available to the trading nations following the TNC meeting of May 2011. Section 4, instead of conclusions, offers some thoughts on the role of the WTO in the negotiating game.


A number of voices have argued that calling the Doha round a development round was not suitable.7 Srinivasan should be credited with providing the most comprehensive and persuasive critique of the agreed agenda in Doha, back in November 2001.8 He argues that trade is just one of the tools in the development


Lamy, supra note 1.


–  –  –

process; that there are many other tools that influence development and are probably more important than trade, and hence, the WTO has no mandate to negotiate on the matter. Thus, one would risk giving the wrong impressions, or, at the very least, raising the expectations too high, by calling this ‘a development round’.9 Moreover, failure could be costly, not simply for the participants but for the institution as well.10 Perhaps, it would have been more warranted to simply prioritize the positioning of developing countries in the WTO within the overall agenda and leave it there. Some people though, thought big time. Even so, when the name was chosen to denote the nature of the round, there were some obvious questions that

trading nations should have first addressed:

a. Trade liberalization was supposed to be the multilateral trading system’s contribution to development. Is such a trade liberalization model, as condoned in the various agreements, inappropriate for developing countries?

b. Since the WTO already contains provisions for developing countries, was the Doha Development Agenda (DDA) designed to evaluate the existing rules, and if need be, negotiate new ones?

c. What should be done about the tension between preferences and MFNliberalization?11 Preference erosion has occurred as a result of the latter, and numerous studies point to this effect.12 d. Even though developing countries have a seat in all negotiations owing to consensus, they do not seem to participate effectively in the WTO.13 How can this change?

Item (d) was not discussed at all and the first three items were discussed in an oblique manner. Trading nations fell short of addressing the root causes of the current situation. Let us first turn briefly to history to see how we ended up in the current mess.




–  –  –

treated better than WTO Members with respect to measures affecting trade.

12 Most recently, Harry Flamand & Håkan Nordstrøm, Gravity Estimation of the Intensive and Extensive Margins of Trade: An Alternative Procedure with Alternative Data, (CESifo Working Paper Series No. 3387, 2011).

13See Håkan Nordström, Patricipation of Developing Countries in the WTO–New Evidence

–  –  –

A. History Helps (but who cares about it?) When the GATT asked whether the developing countries were disadvantaged by the existing rules of trade liberalization, it commissioned a study by Gottfried Harberler on the GSP (generalized system of preferences) to examine the validity of these claims by the less developed trading partners He concluded that similar claims were not entirely unjustified.14 In his report, he examined both the shortand the long-term trends in commodity prices and the factors influencing them.

The report concluded, inter alia, that existing protectionist policies in the farm sector by developed (industrialized) nations, as well as tariff escalation practices by many developed nations were contributing factors to the lack of growth in developing countries.15 It is worth recounting in this respect, that the US had obtained a waiver in 1955, which allowed it to grossly subsidize its farm production over the subsequent years and essentially shield domestic producers from the challenges of international competition.16 The Haberler report made a series of recommendations to address the issue and suggested that the existing protectionism be reduced. More importantly, it sensitized the trading partners to the fact that not everyone gains alike from the existing regime and that something ought to be done to address the concerns of those who were being left behind (essentially the producers of labour-intensive goods).17 Haberler’s report was not the only game in town. Hans Singer, a German Professor of Economics at Cambridge, and Raoul Prebisch, an Argentine economist, were advocating for industrialization through import substitution policies as the safest way to development.18 The argument for import substitution


14 GATT (1958), Trends in International Trade, Geneva. Gottfried Haberler, of Harvard University, was one of the best trade economists of his time.

15 Id.

16See DOUGLAS A. IRWIN, FREE TRADE UNDER FIRE (Princeton Univ. Press, 2d ed.

2005) (hereinafter IRWIN).

17 Id.

18 For a comprehensive discussion of this issue, see PETROS C. MAVROIDIS, GEORGE


DOCUMENTS, CASES, & ANALYSIS 191ff (Thomson/West 2010). For a critique of the Singer-Prebisch thesis, see how Viner [quoted in JOHAN VAN OVERTVELDT, THE CHICAGO


Pages:   || 2 | 3 |

Similar works:

«UNSW Law Journal Volume 29(2) 266 GLOBALISING THE BODY: GLOBALISATION AND REPRODUCTIVE RIGHTS∗ BELINDA BENNETT** I INTRODUCTION Globalisation is a phenomenon of the contemporary world. Everywhere around us there seem to be signs of the power of the forces of globalisation: in our media and popular culture; in our international linkages across continents through international travel and telecommunications; in our globalised trade; and with the global movement of people, a process which itself...»

«Folkright: Towards a Unifying Signified of Ancient and Modern Pan-Germanic Legal Theory, Tradition and Folklore by Thor H. Templin, MA, MA A paper submitted in partial requirement for a course in Comparative Law at Marquette University Law School, Professor Michael Waxman, Spring 2008 Table of Contents Page 1.0 Introduction 2 1.1 A Note to the Reader regarding Usage and Citation 4 2.0 Folkright Towards a Definition of the Concept 5 2.1 The Sign and its Signified and Signifier 8 3.0 Folkright in...»

«INL/CON-10-18287 PREPRINT Minimally Informative Prior Distributions for PSA PSAM-10 Dana L. Kelly Robert W. Youngblood Kurt G. Vedros June 2010 This is a preprint of a paper intended for publication in a journal or proceedings. Since changes may be made before publication, this preprint should not be cited or reproduced without permission of the author. This document was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government...»

«THE BIRDS’ CHRISTMAS CAROL BY KATE DOUGLAS WIGGIN WITH ILLUSTRATIONS 7^WYS`f7Taa]e f7 COPYRIGHT INFORMATION Book: The Birds’ Christmas Carol Author: Kate Douglas Wiggin, 1856–1923 First published: 1886 The original book is in the public domain in the United States and in most, if not all, other countries as well. Readers outside the United States should check their own countries’ copyright laws to be certain they can legally download this ebook. The Online Books Page has an FAQ which...»


«Korean-Japanese? Shifting Perceptions of Belonging among Koreans in Japan Jeffry T. Hester Associate Professor Asian Studies Program Kansai Gaidai University, Hirakata-shi, Osaka, Japan jfhester@kansaigaidai.ac.jp Paper prepared for the First World Congress of Korean Studies, Seongnam, Republic of Korea, 18-20 July 2002 Koreans in Japan have been a socially excluded minority group in Japan for much of the last 80 years. Incremental changes over the past couple of decades, including changes in...»

«Proving disability and Proving Disability and Reasonable Adjustments A guide to evidence under the Equality Act 2010 October 2014 Proving disability and reasonable adjustments 2 Table of contents Introduction 5 Overview of Equality Act 7 The wide scope of „disability‟ under the EqA 8 Disability discrimination under the EqA 8 Who is “disabled” under the EqA? 12 The legal definition: overview 12 Special cases – where disability is automatically covered 20 Particular issues which may...»

«NREL/BR-710-35075 October 2003 NOTICE This report was prepared as an account of work sponsored by an agency of the United States government. Neither the United States government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights....»

«Murphy’s Law is Alive and Well: Clausewitzian Friction on the Modern Battlefield E. P. Visco August 2012 Introduction More Than You Ever Wanted to Know About Clausewitzian Friction Or Why War is Different From the Analysis of War? Or On the Battlefield, Is Murphy Still Alive and Well? Why should you be interested in Friction on the battlefield? Why examine Friction on the battlefield? What is Friction on the Battlefield? Can Friction be considered in analysis of the battlefield? There is...»

«Why Model Statute of Limitations Reform Act December 2015 By April Kuehnhoff and Margot Saunders National Consumer Law Center® © Copyright 2015, National Consumer Law Center, Inc. All rights reserved.ABOUT THE AUTHOR April Kuehnhoff is a staff attorney at the National Consumer Law Center whose focus includes fair debt collection. Before joining NCLC, Kuehnhoff was a Skirnick Public Interest Fellow at the Cambridge and Somerville Legal Services office of Greater Boston Legal Services, clerked...»

«To get an actual hard copy of the book, with a real cover and everything, you can do so by contacting orders@fourwallseightwindows.com (royalties of which go to the Abbie Hoffman Activist Foundation) it's only ten bucks (plus shipping). Also, it should be noted that this book is copyrighted © 1996 Johanna Lawrenson. ISBN 9781568582177 [ instinct.org's note: I'm not sure why it's worth noting that. considering the book's title, how does copyright matter? this was stolen from...»

«This is chapter 10 in Spiritual Disciplines for the Christian Life (NavPress, 1991). Silence and Solitude... For The Purpose Of Godliness My favorite short story is The Bet by Anton Chekhov, a Russian writer of the last half of the nineteenth century. The plot involves a wager between two educated men regarding solitary confinement. A wealthy, middle-aged banker believed that the death penalty was a more humane penalty than solitary confinement because, An executioner kills at once, solitary...»

<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.