Food Safety Issues,Trade and WTO Rules: A Developing Country Perspective

The SPS Agreement and the related WTO dispute settlement mechanism are an important first step in strengthening the global trade architecture, bringing in greater transparency and orderly conditions to world food trade. However, implementation of the new trade rules has turned out to be a more complex task than the traditional market access issues handled by the WTO. Several factors, including inadequate financial and technical resources, have constrained devel‐oping countries from becoming effective participants in the implementation process, and there is widespread suspicion that SPS regulations are being used as hidden protectionist devices by developed countries. However, despite all the problems, some developing countries have been quite successful in penetrating developed country food markets; they have done so by accepting the consumer preferences and standards in quality‐sensitive high‐income markets and implementing domestic supply‐side measures. While making full use of available international assistance initiatives, developing countries should view the task of complying with SPS standards not just as a barrier but also as an opportunity to upgrade quality standards and market sophistication in the food export sector.     

Developing Countries as Plaintiffs and Defendants in GATT/WTO Trade Disputes

Developing countries have been increasing their participation in the formal institutions and proceedings of the multilateral trading system. A prominent example is their more frequent involvement as defendants and plaintiffs in GATT/WTO trade disputes. This paper provides an initial economic appraisal of developing country performance in the GATT/WTO dispute settlement system. We measure the economic resolution of these disputes through trade liberalisation gains, and our results suggest that developing country plaintiffs have had more success under WTO disputes than was the case under the GATT. We also document evidence on potential determinants of this success: the capacity for plaintiffs to make credible retaliatory threats and the guilty determinations by GATT/WTO panels. Finally, there is also some evidence that developing countries have recognised the importance of retaliatory threats and have responded by changing their pattern of dispute initiation under the WTO to better take advantage of the instances in which they have sufficient leverage to threaten retaliation and induce compliance with GATT/WTO obligations.     

WTO贸易救济措施争端解决的绩效分析——基于动态非平衡面板数据模型系统GMM检验

文章在回顾相关研究的基础上考虑四阶段WTO争端解决程序,根据WTO争端案例结案时长不等的特点和多阶段策略选择难以量化的性质,建立WTO贸易救济措施争端解决绩效动态非平衡面板数据模型,运用系统GMM检验,对WTO贸易救济措施争端解决绩效进行了实证分析。结果表明：积极援引WTO争端解决机制是能够在一定程度上挽回贸易损失的,尤其是双方在争端解决过程中达成的磋商解决、请求专家组中止工作、相互满意解决或者败诉方执行WTO决定等均对申诉方出口贸易具有促进作用;尽快结案将有利于申诉方,而WTO争端解决案件的持续时间越长,越不利于申诉方。     

The U.S./EU Beef Controversy and a Proposed Framework for Resolving Standards Disputes in International Trade

While world trading institutions such as GATT and its successor, the WTO, have made significant progress in addressing tariff barriers as well as some non‐tariff barriers, trade disputes over product standards appear to be increasing in number and intensity. Product standards refer to measures governments take to ensure that products sold in their home market meet health, safety, and quality requirements consistent with the public interest. The longstanding controversy between the European Union and the United States over the export of hormone treated beef is used as a case study to illustrate the difficulty of resolving product standards disputes.     

Do WTO+ commitments in services trade agreements reflect a quest for optimal regulatory convergence? Evidence from Asia

Literature examining WTO + commitments in services trade agreements (STA s) has not considered the role of services regulation. We bridge this gap using a sample of 15 South/South‐East Asian countries, given the burgeoning trend of Asian economies towards services preferentialism and the largely WTO + nature of their preferential services commitments. Our empirical findings suggest that Asian trading dyads with regulatory frameworks that are more similar and more trade restrictive tend to undertake higher levels of WTO + commitments in their STA s. There is also evidence in our results, including by modes of supply, for WTO + commitments in Asian STA s being driven by goods trade complementarities, alluding to supply chain dynamics in the region. Such results support the hypothesis that the heightened “servicification” of production generates a demand to lower services input costs arising from regulatory incidence and heterogeneity.     

The Political Economy of Strategic Trade Policy and the Brazil–Canada Export Subsidies Saga

In this paper we study the on‐going trade dispute between Canada and Brazil on export subsidies in the aircraft industry and the reasons for its escalation. This is a peculiar case of strategic trade policy insofar as the good, i.e. regional jets, is heavily dependent on sub‐systems that are imported in the two countries. The hypothesis that the dispute solely derives from the search for rents and externalities is therefore incomplete. Without downplaying the role of interest politics, we argue that in both countries ideas about the goals of trade policy have an important place in explaining why this dispute drags on. For Canada, the belief in a rules‐based trading regime has led it to strongly oppose violations, while insecurity about its competitiveness has led to a variety of government schemes to support firms in advanced sectors like aerospace. For Brazil, its place as a leader of the developing world acted as a rallying point for government and firms alike. The research also argues that the WTO process has actually made a resolution of the dispute more difficult by making it too costly for firms and countries to comply with the costs of losing.     

从贸易争端中获得利益是关键——中国影响汽车零部件进口措施案分析

2008年7月18日,世界贸易组织(WTO)争端解决机构专家组公布了中国影响汽车零部件进口措施案的裁决报告,我国在此次争端中败诉。我们认为,不应以贸易争端胜诉或败诉作为判断中国应对WTO是否成功的关键,从贸易争端中获得经济利益是最重要的,我国应该继续利用WTO争端解决机制为我国汽车整车产业和零部件产业提供支持。同时我们也应注意采取更有策略性的贸易措施来保护国内产业。     

The Japanese Export Insurance Arrangements: Promotion or Subsidisation?

Japan has promoted its exports by reducing the risks accompanying overseas sales through short‐term facilities for exporters. Short‐term export insurance schemes operated in line with rules on minimum premia are not prohibited according to current international trade rules. The insured amount of underwriting has however grown steadily and the balance of accounts of export insurance has deteriorated over a sustained, ‘long‐term’ period. The Japanese government has supported the system by reinforcing its financial base. In the 1980s and 1990s, the amount of claims was almost three times higher than premium incomes. Although the Japanese government may have subsidised exporters through the export insurance system, such subsidisation is notionally at least in accordance with the current regulations of the global trading system. The multilateral trading system has included export insurances at premium rates inadequate for covering the long‐term operating costs and losses of the programmes in the list of export subsidies. The current Members of the WTO are obliged to abide by the Agreement on Subsidies and Countervailing Measures which comprises the illustrative list of export subsidies. However, the Agreement also stipulates that export insurances consistent with the interest rate provisions of the OECD Arrangement should not be considered as an export subsidy. Therefore, provision of export insurances not prohibited by the WTO regulations may be considered by developing countries undergoing trade deficits as a means of export promotion. Japan has done similarly for the past half century.     

WTO安全例外条款分析

WTO与国家安全例外相关的规则本身较为模糊。WTO是否有权、以及将如何裁决国家安全措施导致的贸易纠纷均无明确答案。在目前国家安全相关贸易纠纷不断增多的情况下,争议成员应遵循"善意"原则,尽量避免贸易纠纷升级,务实地寻求双边解决方案,同时积极完善多边贸易规则。     

The Evolution of Japan's Aggressive Legalism

Japan's recent trade policy is sometimes characterised as ‘aggressive legalism’ in the sense that it aggressively utilises the multilateral trade rules embodied in the Marrakesh Agreement Establishing the World Trade Organisation in dealing with disputes with its trade partners. This policy may appear to be a marked departure from Japan's past practice of favouring bilateral, non‐legal settlement of trade disputes. Upon closer examination, however, while Japan has been moderately active in using the WTO dispute settlement process for resolving its trade disputes, it behaves more like a country that resorts to surgical strikes on selected targets (usually the United States) under a powerful cover of the European Community. Compared to Japan, Korea's attitude in the WTO is more aggressive. While the Japanese Ministry of Economy, Trade and Industry (METI) is not content with the status quo and is seeking to expand its aggressiveness in the WTO dispute settlement mechanism, it faces an uphill battle. One of the difficulties facing trade officials in Japan may be the lack of a national system for lodging WTO complaints, open to any citizens or firms, like Section 301 of the US Trade Act of 1974 or the European Trade Barriers Regulation. Nonetheless, in the historical context, Japan is far more aggressive than in the past in utilising the rules of the GATT/WTO to advance its national interests. It will never revert to the infamous practice of bilateralism and grey area measures.     

中美欧贸易报复制度的比较研究

WTO体制下,贸易报复是争端解决的最后保障,但WTO争端机制旨在解决成员之间的争端,因此,要赋予私人请求本国政府对另一国家进行贸易报复的权利,仍然需要国内立法.目前,各主要大国都通过国内立法赋予本国国民权利,以请求本国政府对另一国家进行贸易报复,为争端解决的国内程序和国际程序的衔接提供了基础,使得本国国民可以通过国内程序启动WTO的争端解决程序.与美欧相比,我国关于贸易报复的立法和实践经验均不甚丰富,确实需要借鉴较为完备的美欧立法,完善我国的有关法律制度.     

WTO框架下的全球贸易争端研究

作为WTO"皇冠上的明珠"的争端解决机制一直是保障多边贸易体制的正常运行的中流砥柱,在缓解、消除全球贸易摩擦与冲突中起到重要作用。然而随着特朗普政府引领的美国"强权主义"回归,挑战了WTO争端解决机制的权威性,对上诉机构的干扰致使上诉机构几近瘫痪。在此背景下本文在对1995-2019年WTO争端案件发展趋势详细分析的基础上,着重研究了特朗普执政以来全球以及中美之间的贸易争端案件。通过对案件和当前WTO争端解决机制发展的最新事态的分析,本文进一步剖析了当前全球贸易争端机制存在的问题以及我国的应对之策,以期能对我国贸易利益的保护有所助益。     

后金融危机时期湖北外贸出口的战略选择

作为美国的重要贸易伙伴和世界贸易大国的中国不可避免地受到由美国次贷危机引起的国际金融危机的影响,而作为拉动湖北经济增长＂三驾马车＂之一的湖北外贸出口同样在国际金融危机影响下形势严峻,举步维艰。后金融危机时期湖北为了提高外贸出口的长期竞争力,一方面政府应该加大政策扶持,强化服务,营造良好的企业发展环境;另一方面企业应加快出口品牌建设,科技兴贸,提高国际市场竞争力。此外,行业商会也要努力协调,开拓新兴市场,寻求产品进入国际市场的突破口。     

技术性贸易措施影响中国制造业出口的实证分析——基于企业异质性视角的研究

文章在企业异质性视角下,利用修正后的引力模型,分析了影响2004～2007年中国制造业29个子产业出口的因素。研究表明多数子产业同质性程度较高,产出和出口主要集中于众多中小企业。考虑企业异质性情形下,产业内出口规模对贸易壁垒引起的贸易成本变化更加敏感。研究也发现较之距离缩短,技术性贸易措施减少引起的贸易成本降低有更明显的贸易促进效应。     

论我国政府在农产品进出口贸易中的促进作用

我国加入WTO后,推动了我国农产品进出口贸易发展,但不同发展阶段有不同的农业政策。近年来,贸易保护频频引发国际纠纷,农产品的贸易保护更是愈演愈烈,我国对外贸易正面临严峻的挑战。本文通过分析农产品进出口贸易现状及其面临的问题与挑战,结合WTO各主要成员国的对外贸易政策,讨论了我国政府在农产品进出口贸易中实施合理有效的政策而起到的平衡作用,以及为加快我国农产品对外贸易平稳发展政府应采取的措施。     

内陆出口企业如何选择贸易术语

在国际贸易中,贸易术语的选择关系到贸易当事人的切身利益,将会对贸易当事人产生极大的影响。我国企业在出口业务中习惯采用CIF贸易术语,这一模式对内陆出口企业较为不利。CIF与CIP在适用的运输方式、签发的运输单据、出口方承担的责任以及运费方面存在差异,CIP术语更适用于内陆出口企业,有利于内陆出口企业降低风险、及早结汇并节省运费。因而在国际贸易中,内陆出口企业选择CIP术语不但有利于我国西部大开发战略的实施,也有利于加强泛珠三角区域经济合作。     

The WTO,the Environment and Health and Safety Standards

The World Trade Organization (WTO) is a product of the General Agreement on Tariffs and Trade (GATT). The WTO was created in the last round of negotiations (Uruguay Round, 1986‐94) to provide a stronger set of institutions to administer the various agreements negotiated under the GATT framework. Because the WTO is more powerful than its predecessors, critics claim that it poses a threat to national sovereignty. Concerns about the ability of nations to set their own environmental and health and safety agendas have figured prominently in these critiques. In addition, critics suggest that the WTO prioritises trade objectives at the expense of environmental and health and safety objectives. The article explores the extent to which the WTO has been able to reconcile trade, environmental and health and safety objectives by analysing its rulings on these matters. Overall, this analysis suggests that the WTO dispute resolution process has balanced all three sets of objectives. However, it is important to note the small number of disputes to date; only 21of the 175 disputes before the WTO involve environmental and health and safety matters. Further, the WTO has issued decisions in only six of these cases.     

Can Export Restrictions be Disciplined Through the World Trade Organisation?

A number of major agricultural exporting countries responded to high food prices from 2007 to 2011 by imposing export restrictions on agricultural commodities in efforts to constrain domestic food price inflation. These restrictions reduced the volume of internationally traded food and exacerbated international price spikes. Net food‐importing countries were faced with growing import bills, and non‐governmental organisations that target food security scaled‐back programme commitments and appealed for increased funding. There have subsequently been a chorus of calls for the development of a formal international framework that could discipline the use of agricultural export restrictions; the agreements of the World Trade Organisation (WTO) have been targeted as possible fora for such disciplines. We present a framework in which the efficacy of such disciplines can be analysed and conclude that constraints on agricultural export restrictions are not likely to be effective within the WTO's Dispute Settlement Understanding for two reasons. First, the timelines for dispute settlement in the WTO are too long to be useful in disputes about export restrictions during periods of high food prices. Second, the withdrawal of tariff concessions, or trade retaliation, that could be authorised in such cases would not be a credible response for many complainant countries.     

Migration,Unemployment and Trade

Using an oligopoly model of trade with asymmetric costs, we study the individual and world welfare implications of a hub and spoke trade agreement where the hub country is more efficient than spoke countries. Under a hub and spoke trade regime, the hub country can benefit at the expense of the spokes relative to free trade. Furthermore, if the hub is sufficiently efficient compared to the spokes, such a regime can yield higher global welfare than free trade. Preferential treatment of the efficient hub country in its export markets improves world welfare because it helps allocate a larger share of the world’s output to a low cost location.     

Counter-measures of China's Export Enterprises under the Status of Anti-dumping——Reflection on the Sino-U.S Tire Special Protection Case

The global recession has spread;Chinese foreign trade enterprises have encountered more frequent disputes overseas.China's unique weight in today's international trade patterns,as well as its competitive exports,make China a major target of dispute litigations under various names.Some of these casesgo beyond the terms or WTO rules and the scope of relief provisions.The resurgence of trade protectionism trend seems to be making a comeback.