China became a member of the World Trade Organisation (WTO) in December 2001. This historical event has impact on both China and the WTO. As an observer noted, ‘The WTO will change China, but China will also change the WTO’. This thesis is an example how the WTO will change China. It examines the WTO’s impact on the formulation of China’s first comprehensive competition law, the Antimonopoly Law of the People’s Republic of China (hereinafter the Antimonopoly Law 2007). The formulation of the Antimonopoly Law 2007 has generated unprecedented interest within and outside China due to the sheer size of the Chinese economy and trade. Despite this significance, there is a lack of studies on the WTO’s impact on the formulation of the Antimonopoly Law 2007. Against this background, this study examines whether, and if so, how the WTO could have had impact on its formulation, and to what extent the formulation of the Antimonopoly Law 2007 has reflected such impacts.
The WTO dispute settlement system plays an important role in clarifying and enforcing the legal obligations contained in the WTO Agreement. It has gained a strong practical relevance as more than 300 disputes have been brought from 1 January 1995 through October 2003. While dispute settlement is certainly not the only activity taking place within the WTO, it has become an important part of the practical reality of the Organization. WTO dispute settlement has also become an important tool in the management by WTO Members of their international economic relations at large. The objective of this handbook is to give the general reader a good understanding of the practical operation of this system. Working through this guide, the reader will be introduced to all elements of the dispute settlement process, from the initiation of a case through to the implementation of the decision. The reader will find it useful to have the "Legal Texts" (i.e. a text of the WTO Agreement, especially Annex 2 containing the Dispute Settlement Understanding) at hand whenever working with the present material and to look up each of the cited provisions in order to understand the primary sources. Формат: 16 см x 24 см.
Detailed information regarding the WTO accession process has until now only been available to the WTO Secretariat. Produced by the Secretariat, this handbook explains the process whereby governments become Members of the WTO. Analysis and comparison of the accession of specific governments, including China, is also included.
Fourth report of the American Law Institute project on WTO Law. The project undertakes yearly analysis of case law from the adjudicating bodies of the WTO. Reporters' Studies for 2004-5 cover a wide range of WTO law.
Standards and technical regulations have become one of the important issues in the international trade agenda. Due to the increasing importance of quality standards the World Trade Organization (WTO) in 1995 established the Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures and the Agreement on Technical Barriers to Trade (TBT. These quality standards are also applicable on the production and exports of horticulture sector of Pakistan. Due to the imposition of WTO quality standards many quality issues and packaging problems have been generated. The study analyze the major fruit production and fruit exports of Pakistan before (1984-95) the implementation of the WTO quality standards and after the implementation of the WTO quality standards and the results shows that in Pakistan the level of WTO quality standards implication is very low. Public sector does not conduct quality control assessment. Due to the improper cold storage system for fruits most of the production goes waste. Although the production and exports of many fruits are increasing but still there is a need to give importance to the WTO quality standards certification.
In conformance with its obligations to ensure and trade of meliorate competitively priced goods all over the world, the World Trade Organization has to enforce several agreements, One of which is on the Trade-Related Aspect of Intellectual property Rights [TRIPS]. The objective of this paper is to analyze the legal provisions of TRIPS on agriculture world trade and progress. Analysis will be done on developing countries agriculture. There is a contention of curiosity, among developed and developing countries. It is regarding the protection of farmer rights and protection of plants new varieties. Developed countries economical power has annihilate the developing countries passion in both the issues. Based on the analysis of the current impact of TRIPS on developing countries agriculture trade and development, the book propose an plan for member countries to handle effectively and use TRIPS as a BOON.
This study aims at establishing the extent to which the world trade organisation has protected oil exports against unfair practices of trade. The main investigation also looks at the extent to which WTO Agreements improved the challenges faced by oil exporters. The WTO serves as the most effective and legitimate channel in regulating and opening world trade. This is so because it takes the interests of all participants not to mention its modern system in settling disputes. The main objective of the Organisation of Petroleum Exporting Countries (OPEC) is to ensure that its member states obtain fair shares with respect to the value of oil. It also stimulates economic development as well as improving the standard of life of the people. OPEC was established in 1960 where it has created a balance between large global oil companies including large exporters of oil. OPEC and WTO have different purposes, for instance, the latter provides a base for the regulation as well as negotiation for oil market including the prices while the latter deals with trade in general.
The word ‘standard’ has become a common term in all sectors of business. participants in all business undertakings do not negate the idea of having the best quality. Consumers look for a product or service with high standards. And, transactions are expected to result in the satisfaction of the parties, with a special concern that consumers need to be protected from any possible harm that would occur from the normal consumption of any goods or services. This book entitled “WTO Accession and Required Product Standards: The Case of developing countries: Ethiopia,” primarily focuses on examining one aspect of standard in trade, i.e. product standards, in the context of Ethiopia’s anticipated accession to the world trade organizations.It is organized in four chapters. An introduction to the WTO is made followed by general remarks on standards in relation to trade. The second part examines the WTO legal regime on standards. Then the issues that are of utmost concern in developing and least developed countries when the topic of product standard is raised will be discussed. Finally,the enigma of standards in the WTO for Ethiopia will be explored.
The major contribution of this study is to quantify the economic impact of Kuwait's membership in the World Trade Organization (WTO) on supply, demand,welfare and terms of trade. A general equilibrium international trade model is used to obtain quantitative results. The model is theoretically static and based on the assumptions of perfect competition and constant returns to scale. However, it was estimated and simulated dynamically.The simulation exercises gave a number of results. First, the agreement on tariffreduction has a very small (positive) effect on Kuwait because tariff rates are already low, making any reductions to have insignificant effects. Second, the antidumping agreement has a larger (negative) effect since it corresponds to higher increase in the price of the importable good. Third, the decline in the world.s price of the importable good as a result of globally implementing the WTO agreements has opposite effects but of the same magnitude to those of the antidumping agreement. Finally, the agreement on government procurement has the least effects since it increases exports only.
This book examines where and how the two different obligations imposed by the WTO law and the POPs Convention meet and create a situation of conflict. Chapter I deal with the rationale behind POPs Convention. For a better understanding, the Convention is explained by means of five main purposes. These purposes are incorporated in the Convention as a whole. Chapter II examines the WTO provisions, Article I:1, Article IX:1 and Article XX of the GATT 1994 as well as Articles 27 and 28 of the TRIPS Agreement. The compatibility between the two international obligations is analyzed in Chapter III. The probable solution is one balancing the obligation between WTO law and POPs Convention and it is discussed in Chapter IV.
Ethiopia has a spasmodic food security problem with in the general spectrum of other socioeconomic challenges. The country is among the most severely food insecure countries of the world characterized by high reliance on food imports and international food aid. It is such a high reliance on international food imports that triggered this study. To that end, the study used the relevant polices and laws of Ethiopia and the pertinent WTO agreements as a primary sources. The copious literature on the area of the WTO AoA and its bearing on Food Security have been used as secondary sources. The most important findings of the study include: a) the subsidies commitments to be undertaken under the WTO AoA provide a sufficient policy space to continue the existing support programs which are part of the food security strategy of the country. Thus, the Subsidies, domestic or export, provisions of the WTO AoA does not hinder a sound food security policy; b) opening of borders by lowering tariffs, which seems very likely, will represent a threat to domestic food production unless higher bound rates are negotiated.
India is the seventh largest and second most populous country in the world. Agriculture sector has an important role in the economic development of India as a large size of its population lives in rural areas. It is a major source of livelihood for millions of people in India. Approximately 58.4 percent of the people depend on agriculture either directly or indirectly. Agriculture growth rate is at 1.6 percent total food grain production at232.07 million ton in 2010-11. Agriculture sector contributed 15.7 (in 2008-09) to India’s GDP and 10.59 India’s exports in 2009-10. Economic liberalization policies as well as the globalization process are also exerting strong pressures on the area allocation decision of farmers, essentially through their impact on the relative prices of inputs and outputs. Although the factors that influence the area allocation decision of farmers are all important, they obviously differ in terms of the relative importance both across farm groups and resource regions. While factor such as food and fodder self-sufficiency, farm size, and investment constraints are important in influencing the area allocation pattern.
The global patent regime as provided for under the TRIPS Agreement limits the extent to which WTO members can provide access to highly patented pharmaceutical products. The aim of this study is to determine the extent to which developing and LDCs have exploited or can exploit the TRIPS Agreement flexibilities to meet their human rights obligations on the right to health by using the experiences of Brazil and India in providing access to medicines. This is in recognition to the fact that access to highly patented pharmaceutical products like second-line ART, is key in the management of drug resistant HIV/AIDS opportunistic infections, the reduction of HIV/AIDS morbidity and mortality rates and, an effective way of lessening the burden placed on hospital resources as providing access to drug cocktail of second-line ART increases the life expectancy of persons living with HIV/AIDS.
This book is part of a wider project that aims to propose a model GATT that makes good economic sense without undoing its current basic structure. The central question is, What does the historical record indicate about the aims and objectives of the framers of the GATT?
Intellectual property is playing an increasingly important role in the global contemporary society. It expands beyond the national borders and permeates international business transactions. This book provides a detailed overview of the dispute settlement mechanism related to intellectual property rights at the level of international organisations with a special focus on the World Trade Organisation.
The aim of this research is to assess the possible impact of the WTO on economic institutional changes, FDI inflows, and exports and imports of Vietnam. To achieve reliable and persuasive outcomes and to enhance the significance of the research, the author will employ the gravity model using the Hausman-Taylor (1981) estimator and updated figures from trustworthy sources (e.g., WTO negotiation documents of Vietnam, relevant research papers, state agencies and international organizations such as the Asian Development Bank (ADB), the International Monetary Fund (IMF), the World Bank (WB), etc.) for the empirical analysis in this research. This research should be especially useful to professional in international economics field, or anyone else who may be considering evaluating the impact of the WTO and FTAs on FDI flows and foreign trade of the member countries.
The focus area of this paper is on the assignment problem with budget constraints which is one of the application area of combinatorial optimization that operates on the domain of those optimization problems,in which the set of feasible solutions is discrete or can be reduced to discrete,and in which the goal is to find the best solution. It is particularly concerned with solving the unconstrained assignment problems with Hungarian algorithm and the constrained assignment problem by cutting plane or outer linearization algorithm for solving the Lagrangian dual problem in which, at each iteration,the function that approximates the dual function is optimized. The paper is divided in to two chapters. In the first chapter,the classical assignment problem,the problem of finding optimum (minimum or maximum) cost or profit assignment a set of workers or resources to jobs or activities to gather with its mathematical formulation,solution methods and special cases in assignment problems were considered. Under the second chapter, we have considered generalization of the classical assignment problem concerning resource(or budget) constraints, due to the variety of real life problems.
WTO helps cross border trade transactions take place predictably, freely and smoothly based on international trade rules and regulations set by the organization itself; making it the only international organization setting and dealing with global rules on international level trade transactions. Thus, this expected opportunity is the driving engine encouraging Least Developed Countries accede to WTO. Regarding the case of Ethiopia; Ethiopia is one of the many LDCs under WTO accession process, hence negotiating since 2003. Ethiopia’s major export commodity is coffee which is the backbone of the country’s overall economy.Ethiopia’s probable accession in principle will bring new market opportunity for its coffee export,the export sector might not benefit from any substantial market access if domestic supply side constraints continue to be major obstacle for trade.
A wireless mesh networks (WMNs) has emerged recently, WMN consist of two types of nodes mesh routers and mesh clients.WMN is dynamically self-organized and self-configured, with the nodes in the network automatically establishing and maintaining mesh connectivity among themselves. Channel assignment is a critical issue in WMN which is the mapping between the available channels and the radios at each node such that the network performance is optimized, and hence the focus of this work along with static channel assignment, multi-radio, multi-channel. Multi-radio MAC can potentially achieve higher network capacity than single-radio MAC. We design and implement a new agent (DSBCA) distributed channel assignment spanner base, the routing protocol Optimize the network performance considering the throughput, end-to-end delay, connectivity and the interference of our channel assignment algorithm. Base on the network simulations NS2.34 on Linux Fedora and our proposed channel assignment algorithm improved the throughput, minimal-connectivity preserving channel assignment algorithm.
This book focuses on the theme of international trade regulation and environmental governance under the auspices of the World Trade Organisation (WTO) and the North American Free Trade Agreement (NAFTA). The regulation of international trade in an environmental context has been discussed ad nauseam but this book specifically contextualizes the debate to the regional grouping Southern African Development Community (SADC) and extracts context- specific lessons. The book''s approach is simple. WTO disputes covering diverse subjects such as natural resource conservation, human health, plant and animal health are discussed and important lessons for a transforming SADC extracted.Dolphins, turtles, meat and meat products, asbestos and other natural resources are important in international trade and this book spells out clearly that in order to effectively trade in these resources, unilateralism must give way to multilateralism. This book concludes on an optimistic note by affirming that the WTO and NAFTA provisions on the settlement of trade-environment disputes will shed light on a future SADC trade and environment regime
The rapid development of the Internet has led to a growing potential for electronic trade in digital content like movies, music and software. As a result, there is a need for a global trade framework applicable to such digitally-delivered content products. Yet, digital trade is currently not explicitly recognised by the trade rules and obligations of the World Trade Organization (WTO). This study provides a complete analysis of the related challenges in the ongoing WTO Doha Negotiations to remedy this state of affairs. It elaborates on the required measures in the multilateral negotiations to achieve market access for digital content and examines the obstacles that lie on the path to reach consensus between the United States and the European Communities. Negotiation parameters analysed include the current US and EC regulatory approach to audiovisual and information society services and the evolution of their applicable trade policy jurisdiction. Finally, this examination takes stock of how the Doha Negotiations and parallel US-driven preferential trade agreement have so far contributed to securing free trade in digital content. As new technologies are an increasingly prominent source of trade dispute, this book is an assessment of how WTO Members can maintain the relevance of the multilateral trade framework in a changing technological and economic environment. 'This important work highlights the missed opportunity in on-going global trade talks -- the failure to pursue a free trade framework for digitally delivered content. If not corrected, one can readily imagine the rise of discriminatory barriers to digital trade of the type that have dogged global trade flows for years, and a failed recognition by the WTO of the reality of modern commerce. The WTO should, as the author argues, put a 'spotlight' on electronic trade, and move forward in a comprehensive fashion.' Ambassador Charlene Barshefsky, Former United States Trade Representative 'Wunsch-Vincent provides a comprehensive analysis of the challenges to establish a liberal trade regime for trade in digital products. This book will become an important point-of-reference for anybody interested in e-commerce and the WTO.' Carlos A. Primo Braga, Senior Adviser, International Trade Department, The World Bank
Today, WTO is the largest trade organization in the world including most of the world countries. Although WTO is a world organization covering most of the world trade, it has been subject to many researches and discussions in terms of whether its impact on international trade and economies of the countries is significant or not. In this context, this book aims to provide a comprehensive analysis of the WTO and the effects of membership that a nonmember country such as Azerbaijan should take into consideration. The main research question is “what kind of macroeconomic impacts are expected for Azerbaijan economy in case of its accession to WTO”. This book includes discussing trends in some macroeconomic indicators of both Georgia and Armenia as the member countries of WTO. Analyzing Georgia and Armenia economies in before-and-after WTO membership context is supposed to create a general impression about what macroeconomic impacts may be expected for Azerbaijan economy in case of its accession. This analysis has been carried out graphically and empirically.
In its long history the multilateral trading system has failed to adequately address the concerns of developing countries. The Understanding on Dispute Settlement under the WTO was hailed as a central pillar of the reform of the system. Not only would it transform the Dispute Settlement System from a might to a right system but it would also facilitate the development of a jurisprudence that would recognise the special needs of developing economies. Despite this promise, developing economies especially those in Africa have not exploited the opportunities accorded by the new system. In this book, the Author investigates the reasons for this lack of involvement and proposes ways in which the system could be reformed to enable developing economies effectively enforce their rights under the WTO agreements. In the Author's view, the WTO must enable developing countries to fully participate in all its processes. Failing this, the WTO's stated objective of uplifting the standards of living of its members' populations will remain a mirage; especially for African economies.
Mesh Wireless Local Area Network (WLAN) is a promising access network to enhance channels utilization, extend access coverage using simple and cheap network components. Power management affects mesh WLAN network coverage, topology, throughput, traffic routing and end to end delay. Channel assignment affects the mesh nodes interference level and so the transmission capacity. It also controls the number of nodes share the same channel which increases the probability of collision and reduces the network throughput. In this book, the power management problem is formulated to show its impact on mesh WLAN network throughput. Then this formulation is used to propose a new ranking based cooperative game strategy. Mesh WLAN channel assignment problem is also formulated. Then different algorithms throughput and processing delay is analyzed. This analysis is based on evaluating average users’ data rate and processing delay for different assignment techniques in many mesh WLAN network configurations.
In this book we consider the Frequency Assignment Problem, where the objective is to minimize the cost due to interference arising in a solution. We use a quadratic 0-1 integer programming formulation of the problem as a basis to derive new lower bounds and problem reduction rules. A tree search algorithm that uses the lower bounds and dominance criteria is also presented. Computational results are shown on standard benchmark instances from the literature.
The investigation was undertaken to assess the impact of WTO on external trade, the competitiveness and comparative advantage in exports, problems in exports and the measures taken to boost the foreign trade in selected agricultural commodities. The secondary data pertaining to quantity and value of selected agricultural commodities under exports and imports were collected for the periods i.e. Pre-WTO (1985-86 to 1994-95) and post-WTO (1995-96 to 2005-06) period. Study pointed out that during the post-WTO period the export and import of agricultural commodities was increased as compared to pre-WTO period. India has comparative advantage in export of rice, wheat, onion, grapes, coffee and pepper in World market. India has moderate competitiveness for the export of wheat, rice, onion, potato, grapes, mangoes and cashew kernels in World market. The study suggests that there is urgent need to divert the export of commodities from neighboring countries where, the price realization is less to the countries where the price realization is comparatively more. However, infrastructural facility play a key role in long run growth in export of agriculture commodities which is the need of hour.
One of the main objectives of the WTO dispute settlement system is to provide security and predictability to the multilateral trading system; however this objective is being threatened by the inadequacies of the remedies that currently exist in the system.This research aims to contribute to the improvement of the WTO dispute settlement system remedies by proposing that the inadequacies found in the remedies be dealt with by introducing monetary compensation as a remedy.What makes this paper different from other proposals for monetary compensation in the WTO is that the monetary compensation is being proposed as a primary remedy putting it on an equal footing with a recommendation, furthermore the paper argues that even though the DSU does not explicitly provide for monetary compensation, this remedy is already available to WTO members by virtue of the general public international law remedy of reparation.
This book presents a new theoretical framework for understanding the regulation of international trade. For this purpose, it analyses a series of integrated studies of relations between the EU, the WTO and China. It consists of three main parts. Part I introduces the basic concepts. It surveys the literature on law and globalisation, introduces the concept of sites of governance and the theory of global legal pluralism and sketches the foundations of global legal pluralism. It shows that each site of governance has both a structural dimension, consisting of institutions, norms and dispute resolution processes, and a relational dimension, comprising its relations with other sites of governance. The totality of sites of governance constitutes a new form of global legal pluralism. Part II analyses global legal pluralism in action in relations between the EU, the WTO and China. It examines the construction of relations between sites, ways in which relations between sites give rise to new legal concepts or transform the character of rules, the tension between regionalism and international integration and the governance of international production networks. It emphasises the reciprocal interaction between the structural features and the relational features of sites. Part III explores new directions in global legal pluralism. It first analyses regional trade agreements as a way of creating new sites of governance, focusing on agreements involving China. Then it considers how to enhance ethical values in international trade regulation. Based on an institutional analysis of relations between the WTO and other sites of governance, it proposes ways in which global legal pluralism can be used to reform the WTO, today the predominant institution in the regulation of international trade, including trade between the EU and China.