#篇名摘要出處資訊
1 China's NME status at the WTO: analysis of the debate

Purpose

   Although officially ended in July 2020, China's dispute about its non-market economy (NME) status at the World Trade Organization (WTO) is far from being resolved. The NME status enables China's counterparts to disregard Chinese prices in antidumping proceedings and instead use the so-called surrogate country methodology. This paper aims to structure and analyze the complex debate, which emerged with the disputes China has filed against the European Union and the USA at the WTO, and therefore provide a point of reference for future analysis of and debates about China's NME status.

   Design/methodology/approach

   The analysis is based on the existing academic literature on the topic and on the legal WTO-related documents (e.g. multilateral agreements, China's Accession Protocol, legal findings of the WTO dispute panels).

   Findings

   Four different interpretations of the respective legal documents about China's NME status are discussed and strong and weak aspects of these interpretations are pointed out. Also, several misunderstandings and mistakes appearing in the debate are clarified.

   Practical implications

   As the question of China's position at the WTO and its NME status has not been resolved yet and some authors believe that China will pursue its case again once the WTO Appellate Body revives its functionality, the analysis of the debate can serve as a point of reference for the academic debate and the future research on this topic. Moreover, it offers an introduction to China's NME position at the WTO for the newcomers to this topic.

   Originality/value

   Although China's NME status has been much discussed, there is no literature review that would structure the debate and point out some of the (dis)advantages of the respective arguments and interpretations. Rather than adding to the large corpus of literature about the NME status, this study takes this corpus as the object of its analysis.

作者:Hosman, Mirek Tobias
期刊:JOURNAL OF INTERNATIONAL TRADE LAW AND POLICY
出版月(日)年:Mar. 20, 2021
卷(期),頁碼:20(1), 1-20
DOI:10.1108/JITLP-09-2020-0054
2 Keeping 'Development' in a Multilateral Framework on Investment Facilitation for Development

In December 2019, World Trade Organization (WTO) Members agreed that the Structured Discussions on Investment Facilitation for Development would move into a negotiating mode, previously set to begin in March 2020. Their goal is to have a concrete outcome by the WTO's 2021 Ministerial Conference. These negotiations are an important step towards creating a multilateral framework on a specific, technical area of foreign investment - investment facilitation. This paper seeks to do two things: (1) to provide a comprehensive analysis of a potential framework by chronicling the genesis of the idea for such a framework and the discussions, discussing competing views on an investment facilitation framework and outlining the principal elements a framework; and (2) to argue that a framework should include provisions focused on facilitating sustainable investment for sustainable development. To that end, it advances suggestions for promoting sustainable investment and introduces a provision, the Recognized Sustainable Investor, that could be included in the framework to incentivize international investors to invest sustainably.

作者:Gabor, Evan
期刊:JOURNAL OF WORLD INVESTMENT & TRADE
出版月(日)年:Feb., 2021
卷(期),頁碼:22(1), 41-91
DOI:10.1163/22119000-12340203
3 Neo-Liberalism, State-Capitalism and Ordo-Liberalism: 'Institutional Economics' and 'Constitutional Choices' in Multilevel Trade Regulation

Reforms of international trade and investment law and institutions are hampered by conflicting economic paradigms. For instance, utilitarian Anglo-Saxon neo-liberalism (e.g. promoting self-regulatory market forces privileging the homo economicus), constitutional European ordo-liberalism (e.g. protecting multilevel, constitutional rights and judicial remedies of European Union citizens), and authoritarian state-capitalism (e.g. protecting totalitarian power monopolies of the communist party in China) pursue different legal and institutional designs of trade and investment agreements. Globalization and its transformation of national into transnational public goods (PGs) require extending constitutional and institutional economics to multilevel governance of transnational PG s in order to enhance the wealth of nations. Maintaining the worldwide legal and dispute settlement system of the World Trade Organization (WTO) - and interpreting its regional and national exception clauses broadly in order to reconcile diverse, national and regional institutions of economic integration and of 'embedded liberalism' - remains in the interest of all WTO member states.

作者:Petersmann, Ernst-Ulrich; Steinbach, Armin
期刊:JOURNAL OF WORLD INVESTMENT & TRADE
出版月(日)年:Feb., 2021
卷(期),頁碼:22(1), 1-40
DOI:10.1163/22119000-12340202
4 Reflections on Developing Countries' Initiation of Disputes in the WTO Dispute Settlement System

The establishment of the World Trade Organization (WTO) has presented a major improvement in international trade liberalization to the benefit, as claimed, of all its members. Such improvement is reflected in the comprehensive legal framework of the WTO trading system, which is based on detailed rules regulating various aspects of international trade, and a dispute settlement system ensuring the implementation of such rules and safeguarding rights and interests associated with the system's membership.

   Each of these two elements complements the other. The dispute settlement system needs to be based on comprehensive rules that provide a clear detail on members' rights and obligations, and such rules are useless in the absence of an effective dispute settlement process that guarantees the protection of members' rights and the enforcement of their obligations.

   The efficiency of the WTO dispute settlement system is not only measured by its mechanism's detail and strictness, but also by its accessibility and ability to accommodate the different positions of all WTO members in a way that ensures an optimal utilization of the system. Developing countries are still struggling in accessing the WTO dispute settlement system and reinstating their violated WTO-protected rights and interests, which undermines not only the integrity of the dispute settlement system, but also the whole organization.

   This study focuses on the participation of developing countries in the WTO dispute settlement process, outlining the main issues that affect such participation. In doing so, the initiation stage, where countries make the decision to participate or not, is going to be the focus, as it provides a clear indication on the general position of developing countries in the process of dispute settlement in general.

作者:Al Shraideh, Saleh
期刊:GLOBAL TRADE AND CUSTOMS JOURNAL
出版月(日)年:Feb., 2021
卷(期),頁碼:16(3), 103-113
DOI:
5 Judgment of the Court of Justice in Case C-461/18 P Changmao v. Distillerie Bonollo and Others

In Case C-461/18 P Changmao v. Distillerie Bonollo and Others, the Court of Justice of the EU clarified the conditions under which the EU industry and EU producers can challenge a regulation imposing anti-dumping duties, where they consider that those duties are set too low. Contrary to the analysis proposed by the Advocate General, the Court of Justice does not recognize a 'right to an imposition of an anti-dumping duty'. Rather, it bases direct concern on the specific role the Union industry plays in the administrative procedure. The Court also clarifies the effects of annulment: Where the EU Courts annul a regulation terminating an interim review, the effect of annulment is that the duty as originally imposed applies. Finally, the Court also adopts a very narrow interpretation of the notion of 'change in circumstances' pursuant to Article 11(9) of the basic Regulation.

作者:Rusche, Tim Maxian
期刊:GLOBAL TRADE AND CUSTOMS JOURNAL
出版月(日)年:Feb., 2021
卷(期),頁碼:16(3), 97-102
DOI:
6 Can the WEF Re-Connect the WTO to the Global Business Community?

As the World Trade Organization ('WTO') faces what may be an existential crisis and considers options for structural reform, a fundamental issue it needs to examine is maintaining its relevance for the business community. Recognizing that businesses are a key stakeholder in the system of global trade, one aspect of ensuring this relevance is continued and improved engagement with the business community. This article explores and recommends one possibility for such engagement: utilization of the World Economic Forum ('WEF').

   The WEF prides itself on thorough stakeholder engagement, and arguably provides a more holistic representation of business community views. Although limitations to this notion are considered in the article, it is ultimately argued that the WTO should consult the REF more regularly regarding matters of international trade regulation policy. In doing so, the WTO would be taking advantage of the WEF's expertise, its existing investment into research and collaboration with major corporations, academics and government officials, as well as its unique structure that allows it to consider upcoming issues in an agile and adaptable manner. After considering stakeholder engagement structures in other fora, this article recommends an institutionalized mechanism to ensure repeated, systematic collaboration and accountability between the WTO and the WEF.

作者:Al Kanawati, Nadja; Perera, Nishadee
期刊:JOURNAL OF WORLD TRADE
出版月(日)年:Feb., 2021
卷(期),頁碼:55(1), 145-169
DOI:
7 Testing for Consistency: Certain Digital Tax Measures and WTO Non-Discrimination

Few issues have challenged tax policymakers and commentators as much as digital taxation has in recent years. Ongoing efforts to reconstruct the rules of international tax to 'properly' govern the taxation of the global digital economy have evoked some important tax and trade related considerations. As regards the latter, unilateral attempts by various states - partly spurred on by a lack of multilateral consensus - to tax nonresident digitalized businesses threaten to disrupt international trade relations, with threats of trade war exchanged between some World Trade Organization (WTO) Member States over the propriety of the proposed tax measures. As the conversation on the underlying tax issues progresses, this article examines the consistency of some features of the various unilateral digital tax measures with the fundamental WTO principle of non-discrimination, as contained in the General Agreement on Trade in Services (GATS). Using the French Digital Service Tax (French DST) as a focal point, the article argues that there is a case to be made that some common features of the unilateral digital tax measures violate either the most favoured nation or national treatment rules of WTO non-discrimination.

作者:Okanga, Okanga Ogbu
期刊:JOURNAL OF WORLD TRADE
出版月(日)年:Feb., 2021
卷(期),頁碼:55(1), 101-125
DOI:
8 Towards a New Treaty on Digital Trade

Digital trade is one of the very few areas of trade law, where one can observe a willingness shared by the international community to move forward and actively engage in new rule-making. The article contextualizes and explores this development by looking at the relevant e-cornrnerce provisions in preferential agreements, in particularly by highlighting the legal innovation in the most advanced templates of the Comprehensive and Progressive Agreement for Transpacific Partnership (CPTPP) and the United States Mexico Canada Agreement (USMCA), as well as in dedicated digital trade agreements, such as the ones between the United States and Japan and between Chile, New Zealand and Singapore. The article then looks at the WTO negotiations and tries to identify points of convergence and divergence reflected in the latest negotiation proposals tabled by WTO members. It is the article's objective to test these proposals, as to their potential to permit the adoption of a new treaty on digital trade and to their ability to adequately address the practical reality of the data-driven economy.

作者:Burri, Mira
期刊:JOURNAL OF WORLD TRADE
出版月(日)年:Feb., 2021
卷(期),頁碼:55(1), 77-100
DOI:
9 Informing WTO Reform: Dispute Settlement Performance, 1995-2020

This article presents salient facts on the performance of WTO dispute settlement, using an updated dataset on cases adjudicated between 1992 and mid 2020. The dataset provides a comprehensive compilation of information on WTO disputes, including complainants, respondents and third parties; the substantive matters tabled; the WTO provisions invoked; the claims that are accepted or rejected by adjudicating bodies; the time involved to complete the consultation, panel and appeal (Appellate Body) stages; and the identity of panelists and how they were appointed. We highlight elements of the operation of the system that are salient to WTO reform discussions, while drawing attention to the richness of the dataset by highlighting stylized facts in the hope others will use the data to investigate specific research questions and hypotheses.

作者:Hoekman, Bernard M.; Mavroidis, Petros C.; Saluste, Maarja
期刊:JOURNAL OF WORLD TRADE
出版月(日)年:Feb., 2021
卷(期),頁碼:55(1), 1-50
DOI:
10 Different antidumping legislations within the WTO: What can we learn from China's varying market economy status?

This paper examines how varying antidumping methodologies applied within the World Trade Organization differ in the extent to which they reduce targeted exports. We show that antidumping duties, on average, hit Chinese exporters harder than those of other targeted countries. This difference can be traced back in part to China's non-market economy status, which affects the way antidumping duties are calculated. Furthermore, we show that the type of imposed duty matters, as ad-valorem duties affect exports differently compared to specific duties or duties conditional on the export price. Overall, however, antidumping duties remain effective in reducing imports independent of market economy status.

作者:Sandkamp, Alexander; Yalcin, Erdal
期刊:REVIEW OF INTERNATIONAL ECONOMICS
出版月(日)年:Feb., 2021
卷(期),頁碼:
DOI:10.1111/roie.12538
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