scholarly journals Remarks by Tania Voon

2018 ◽  
Vol 112 ◽  
pp. 65-65
Author(s):  
Tania Voon
Keyword(s):  
World Trade Organization ◽  
Trade Liberalization ◽  
World Trade ◽  
Full Employment ◽  
Standards Of Living ◽  
The World ◽  
Per Se ◽  
General Exceptions

The WTO general exceptions are crucial provisions that recognize that in some circumstances non-trade objectives will trump trade liberalization. That recognition flows from the fact that trade liberalization per se is not the purpose of the WTO; rather, trade liberalization is a means to achieve other objectives as specified in the preamble to the Marrakesh Agreement Establishing the World Trade Organization, such as raising standards of living and ensuring full employment. The predominant view is that the general exceptions are extremely difficult to satisfy. Indeed, I am aware of only three instances in which a respondent has successfully invoked GATT Article XX; of these, two are compliance proceedings, and one of those is under appeal. However, challenged measures typically fail to satisfy the requirements of the Article XX chapeau because they are discriminatory, and removing that discrimination provides a means of benefiting from the exception.

Does the WTO Need to Change?

2010 ◽  
Vol 109 (730) ◽  
pp. 355-357 ◽  
Author(s):  
Jeffrey J. Schott
Keyword(s):  
World Trade Organization ◽  
Trade Liberalization ◽  
World Trade ◽  
Global Trade ◽  
Doha Round ◽  
The World

The World Trade Organization is in disrepair. To fix it, and thereby boost global trade liberalization, nations must first successfully conclude the Doha Round of talks.

Exploring the Meaning of Trade-Restrictiveness in the WTO

2015 ◽  
Vol 14 (3) ◽  
pp. 451-477 ◽  
Author(s):  
TANIA VOON
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Market Access ◽  
Careful Analysis ◽  
Case Law ◽  
Alternative Measure ◽  
Precise Meaning ◽  
The World ◽  
General Exceptions ◽  
Domestic Products

AbstractTrade-restrictiveness is a familiar concept across various provisions and agreements of the World Trade Organization (WTO), but its precise meaning remains vague. In many WTO disputes, the existence or degree of trade-restrictiveness of a challenged measure is simply assumed or addressed in a few brief sentences. Yet whether a measure is more trade-restrictive than necessary, or more trade-restrictive than a proposed alternative measure, is crucial to the legality of a range of measures currently in place around the world, some under challenge in the WTO. A careful analysis of the existing case law and treaty text – focusing on Article 2.2 of the Agreement on Technical Barriers to Trade and the general exceptions in the General Agreement on Tariffs and Trade 1994 and the General Agreement on Trade in Services – demonstrates that while the existence of discrimination is likely to restrict trade, discrimination is not necessary to establish trade-restrictiveness, which also necessarily arises from direct barriers to market access such as import bans. In the absence of an explicit barrier to imports, a WTO panel is likely to focus on the extent to which a challenged measure negatively affects the competitive opportunities of imported products vis-à-vis domestic products.

scholarly journals Implikasi Prinsip Most Favoured Nation terhadap Pengaturan Tarif Impor Di Indonesia

Wajah Hukum ◽  
2018 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Dony Yusra Pebrianto
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Trade Liberalization ◽  
World Trade ◽  
The World ◽  
National Production

The existence of trade liberalization are faced with the fact that competition in the trade of countries particularly in this export and import kian feels very rapidly. The existence of instruments of international law contained in the General Agreement on the set fee and Trade (GATT) becomes an important point in the conception of international trade arrangements for States parties who joined GATT in the World Trade Organization (WTO). So the principles inherent in the preparation of the concept of a national law for countries that have ratified GATT. Indonesia one of the countries that have ratified GATT would of course be bound by those principles, one of which is the principle of Most Favoured Nation tariff arrangements that implicates to import in Indonesia. So the protection of local commodities closed chances though limited to keep the continuity of the national production. 

The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction

2015 ◽  
Vol 109 (1) ◽  
pp. 95-125 ◽  
Author(s):  
Lorand Bartels
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Public Order ◽  
Plant Life ◽  
The World ◽  
Human Animal ◽  
The Right ◽  
General Exceptions ◽  
Gatt 1994 ◽  
Wto Agreements

One of the most important issues in the law of the World Trade Organization is the right of WTO members to adopt measures for nontrade purposes. In the WTO’s General Agreement. on Tariffs and Trade (GATT 1994) and General Agreement on Trade in Services (GATS), this right is secured in general exceptions provisions, which permit WTO members to adopt measures to achieve certain objectives, notwithstanding any other provisions of these agreements and also, in some cases, other WTO agreements. These objectives include, most importantly, the protection of public morals, the maintenance of public order, the protection of human, animal, or plant life or health, the enforcement of certain domestic laws, and the conservation of exhaustible natural resources.

RECENT DEVELOPMENTS–ACTUALITES BAN ON THE IMPORTATION OF TOMATO PASTE AND CONCENTRATE INTO GHANA

2008 ◽  
Vol 16 (1) ◽  
pp. 100-114
Author(s):  
KOFI OTENG KUFUOR
Keyword(s):  
World Trade Organization ◽  
Trade Liberalization ◽  
Economic Crisis ◽  
World Trade ◽  
Economic Recovery ◽  
Domestic Industry ◽  
Bretton Woods ◽  
Tomato Paste ◽  
The World ◽  
Recent Developments

In August 2007, Ghana's Ministry of Trade, Industry and Presidents Special Initiatives (MOTI) announced a ban on imported tomato paste and concentrate. The ban took effect from 1st November 2007. The consequence of the ban is that any tomato paste or concentrate imported into Ghana will be confiscated to the state.1 On its face, this decision is quite strange. Since the early 1980s and stemming from a crippling economic crisis at the time, Ghana has embraced the Bretton Woods neoliberal policy prescriptions as a panacea for its economic recovery. As part of its commitment to neoliberalism, Ghana has adhered to trade liberalization and evidence of this is carefully documented in its Trade Policy submissions to the World Trade Organization (WTO).2 Thus, the import ban is a deviation from the commitment to trade liberalization and is one of the few instances where MOTI has moved to grant new levels of protection to domestic industry.3

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