#篇名摘要出處資訊
1 A Trade Policy Agenda for the Diffusion of Low-Carbon Technologies

This article proposes that the function of trade rules with respect to low-carbon technology diffusion should be to address the identified market-related barriers preventing cross-border dispersion of the necessary technologies. By doing so, it seeks to expand the discussion in the WTO regarding trade, technology transfer, and climate change beyond the traditional confines of intellectual property issues. To that effect, it outlines a new framework against the normative background of Common Concern of Humankind, an emerging legal doctrine. This is further followed by highlighting the key areas of action, which includes - market access reform to reduce costs, process and production measures (PPMs) to increase demand for clean technologies, and making rational and appropriate incentives available domestically and also for exports.

作者:Ahmad, Zaker
期刊:JOURNAL OF WORLD TRADE
出版月(日)年:Sep., 2020
卷(期),頁碼:54(5), 773-790.
DOI:
2 Countervailing Measures and China's Accession Protocol to the WTO

The existing policy tools of the European Union (EU) to fight against dumping and foreign subsidies do not cover all potential effects of foreign subsidies or support schemes by third countries on the EU internal market. As part of the ongoing discussions to address these distortive subsidies, this article highlights section 15(b) of China's Accession Protocol to the World Trade Organization (WTO). The provision remains largely unexplored, both in practice and in case law, but offers advantages in its application compared to the normal trade remedy calculation rules: There is no explicit stipulation of an expiration (no fifteen-year timeframe), the threshold to rely on the section is relatively low (only 'special difficulties' need to exist), and the way how to determine the benchmarks for the benefit is open (both adjustments and alternative methodologies are foreseen). Particularly, within the stage of examination of 'special difficulties', the Commission has considerable latitude and may introduce a shift of burden of proof, putting the onus on Chinese exporters to prove they do not benefit from state subsidies. WTO Members should start conducting well-coordinated countervailing investigations domestically and initiate cases at the WTO at the same time to find out where the WTO system sets the limits of applying section 15(b) Chinese Accession Protocol (CAP).

作者:Bungenberg, Marc;Van Vaerenbergh, Pieter
期刊:JOURNAL OF WORLD TRADE
出版月(日)年:Sep., 2020
卷(期),頁碼:54(5), 749-771
DOI:
3 What Is Economic Globalization Without Trans-boundary Migration?

Trade saves lives' could have been the headline. Coronavirus disease 2019 (COVID-19) hit so hard, quickly and across so many nations at the same time, that many countries not only rushed to produce and import, but also imposed export restrictions on protective masks, ventilators and other products they were running out of. On one count, as of 26 April 2020, at least seventy-five governments had banned or limited exports of medical supplies and medicines.
The impact and pros and cons of such export restrictions have been discussed elsewhere. What this contribution seeks to do is to set out the options and limits under international trade agreements.
Section II discusses export restrictions under EU law, first within and then outside the EU. Section III turns to WTO agreements, discussing both obligations in respect of export restrictions, and a number of exceptions explicitly provided for. It also refers to trade remedies as a possible response to export restrictions. Section IV briefly examines preferential trade agreements. Section V concludes, highlighting the importance of transparency and the limits of law and enforcement procedures when it comes to emergency measures, especially those enacted on a temporary basis in the midst of a crisis.
Economists have almost universally condemned the recent surge in export restrictions. The main take-away point when looking at what international law currently provides for is, however, that it offers countries a great deal of leeway to enact such restrictions especially during a pandemic. One question for further research and negotiations is whether this wiggle room ought to be reduced to effectively address the next pandemic. Some recent commitments and proposals have been made in this direction. They are referenced in the conclusion.

作者:Pauwelyn, Joost
期刊:JOURNAL OF WORLD TRADE
出版月(日)年:Sep., 2020
卷(期),頁碼:54(5), 727-747.
DOI:
4 What Is Economic Globalization Without Trans-boundary Migration?

The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States' interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration.

作者:Herbert, Eti Best ;Olalere, Fasilat Abimbola
期刊:GLOBAL TRADE AND CUSTOMS JOURNAL
出版月(日)年:Sep., 2020
卷(期),頁碼:15(10), 493-503.
DOI:
5 DSU Article 25 Appeal Arbitration: A Viable Interim Alternative to the WTO Appellate Body?

Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) Article 25 appeal arbitration scheme was first proposed by legal practitioners in 2017 to provide an alternative avenue of appeal in case the Appellate Body is non-operational. This scheme was subsequently accepted by the EU with some modifications. On 27 March 2020, sixteen Members agreed on the Multi-party Interim Appeal Arbitration Agreement Pursuant to Article 25 of the DSU (the MPIA), which has been notified to the WTO with five more participating Members in April 2020. The majority of Members have not yet decided. This begs the question of whether DSU Article 25 appeal arbitration will be a viable interim alternative to the Appellate Body. This article expounds on various potential models of Article 25 appeal arbitration, including the MPIA, from three parameters (legitimacy, compatibility and temporality), and concludes that constrained by DSU Article 25 and the whole WTO dispute settlement framework, the viability of DSU Article 25 appeal arbitration is rather dubious. The Appellate Body-model (and the MPIA) seems more viable than other models, but it is not without potential problems. To avoid the risk of long-term application of appeal arbitration and the fragmentation of WTO jurisprudence, Members should continue to prioritize negotiations to restore the Appellate Body.

作者:Li, Xiaoling
期刊:GLOBAL TRADE AND CUSTOMS JOURNAL
出版月(日)年:Sep., 2020
卷(期),頁碼:15(5), 461-478
DOI:
6 Rethinking international subsidy rules

Geo-economic tensions, notably associated with the rise of China, and global collective action problems-climate change and the COVID-19pandemic-call for international cooperation to revise and develop rules to guide both the use of domestic subsidies and responses by governments to cross-border competition spillover effects. Current WTO rules dividing all subsidies into prohibited or actionable categories are no longer fit for purpose. Piecemeal efforts in preferential trade agreements and bi- or trilateral configurations offer a basis on which to build but are too narrow in scope. Addressing spillover effects of subsidies could start with G20 countries launching a work programme to mobilise an epistemic community concerned with subsidy policies, tasked with building a more solid evidence base on the magnitude, purpose and effects of subsidy policies. The need for such cooperation has become even more pressing by the COVID-19 pandemic and associated increase in the use of subsidy programmes in major economies.

作者:Hoekman, Bernard; Nelson, Douglas
期刊:WORLD ECONOMY
出版月(日)年:Sep., 2020
卷(期),頁碼:
DOI:10.1111/twec.13022
7 Ambitious subsidy reform by the WTO presents opportunities for ocean health restoration

The World Trade Organization (WTO) is in a unique position to deliver on Sustainable Development Goal (SDG) 14.6 by reforming global fisheries subsidies in 2020. Yet, a number of unanswered questions threaten to inhibit WTO delegates from crafting a smart agreement that improves global fisheries health. We combine global data on industrial fishing activity, subsidies, and stock assessments to show that: (1) subsidies prop up fishing effort all across the world's ocean and (2) larger subsidies tend to occur in fisheries that are poorly managed. When combined, this evidence suggests that subsidy reform could have geographically-extensive consequences for many of the world's largest fisheries. While much work remains to establish causality and make quantitative predictions, this evidence informs the rapidly-evolving policy debate and we conclude with actionable policy suggestions.

The World Trade Organization (WTO) is in a unique position to deliver on Sustainable Development Goal (SDG) 14.6 by reforming global fisheries subsidies in 2020. Yet, a number of unanswered questions threaten to inhibit WTO delegates from crafting a smart agreement that improves global fisheries health. We combine global data on industrial fishing activity, subsidies, and stock assessments to show that: (1) subsidies prop up fishing effort all across the world's ocean and (2) larger subsidies tend to occur in fisheries that are poorly managed. When combined, this evidence suggests that subsidy reform could have geographically-extensive consequences for many of the world's largest fisheries. While much work remains to establish causality and make quantitative predictions, this evidence informs the rapidly-evolving policy debate and we conclude with actionable policy suggestions.

 

作者:Costello, Christopher
期刊:SUSTAINABILITY SCIENCE
出版月(日)年:Sep., 2020
卷(期),頁碼:
DOI:10.1007/s11625-020-00865-z
8 Sustainable resource development in the Arctic: Using export trade agreements to restrict environmentally harmful subsidies.

Although the Arctic is emerging as a promising region for energy development and maritime transportation, navigational safety is a persistent and growing concern. What can international trade regulations do to ensure the safe transportation of natural resources on the Northern Sea Route (NSR) and the sustainable development of the Arctic region? Government support is almost inevitable for shipyards, particularly in a highly competitive market. Shipyards build large-scale vessels that navigate the Arctic Ocean. However, excessive export competition will soon lead to over-production and exportation of substandard products. Assuming that even a single incident in the NSR could have a disastrous impact on the flora and fauna of the entire Arctic region, the potential for substandard vessel use represents a significant risk and potential damage to the environment. Although the World Trade Organization (WTO) has detailed rules for this purpose with an effective dispute settlement mechanism, the history of WTO disputes has proven that WTO proceedings sometimes result in unintended consequences. As an alternative option, along with negotiations under the WTO and the Organisation for Economic Cooperation and Development (OECD), this paper suggests the possibility of a critical mass agreement to mutually allow more flexible government support for vessels only if they have superior environmental performance.

作者:Kobayashi, Tomohiko
期刊: POLAR RECORD
出版月(日)年:2020
卷(期),頁碼:56
DOI: 10.1017/S0032247419000524
9 Feature-Brief on The World Trade Organization's Dispute Settlement Body and the Sustainable Development Goals
作者:Harrington, Alexandra R.
期刊:MCGILL INTERNATIONAL JOURNAL OF SUSTAINABLE DEVELOPMENT LAW AND POLICY
出版月(日)年:2020
卷(期),頁碼:15(1),23-43
DOI:
10 World Trade Organization (WTO)
作者:Camelo Fernandez, Erika Giulyanna. Garcia Matamoros, Laura Victoria.
期刊:ANUARIO COLOMBIANO DE DERECHO INTERNACIONAL-ACDI
出版月(日)年:2020
卷(期),頁碼:13,63-65
DOI:
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