试析欧共体的优惠贸易协定政策与WTO规则的协调与兼容

欧共体与世界上100多个国家签有种类繁多、名称各异的优惠贸易协定,这使其拥有了一张当今世界上最大的优惠贸易"网络"。近年来,欧共体将对外贸易协定从单向优惠调整为双向互惠一方面是为了与WTO规则相协调,特别是WTO争端解决机构对香蕉案的裁决起到了"催化剂"的作用;但另一方面,这种政策调整的背后还有着更为重要的政治与经济动因,凸现出欧共体对于WTO规则的理解与运用透着很强的实用主义色彩,维护与拓展经贸利益是其进行政策调整的根本目的。     

Multilateral,Regional and Bilateral Trade‐Policy Options for the United States and Japan

We have used the Michigan Model of World Production and Trade to simulate the economic effects on the United States, Japan, and other major trading countries/regions of the Doha Round of WTO multilateral trade negotiations and a variety of regional/bilateral free trade agreements (FTAs) involving the United States and Japan. We estimate that an assumed reduction of post‐Uruguay Round tariffs and other barriers on agricultural and industrial products and services by 33 per cent in the Doha Round would increase world welfare by $686.4 billion, with gains of $164.0 billion for the United States, $132.6 billion for Japan, and significant gains for all other industrialised and developing countries/regions. If there were global free trade with all post‐Uruguay Round trade barriers completely removed, world welfare would increase by $2.1 trillion, with gains of $497.0 billion (5.5 per cent of GNP) for the United States and $401.9 billion (6.2 per cent of GNP) for Japan. Regional agreements such as an APEC FTA, an ASEAN Plus 3 FTA, and a Western Hemisphere FTA would increase global and member country welfare but much less so than the Doha multilateral trade round would. Separate bilateral FTAs involving Japan with Singapore, Mexico, Chile and Korea, and the United States with Chile, Singapore and Korea would have positive, though generally small, welfare effects on the partner countries, but potentially disruptive sectoral employment shifts in some countries. There would be trade diversion and detrimental welfare effects on some non‐member countries for both the regional and bilateral FTAs analysed. The welfare gains from multilateral trade liberalisation are therefore considerably greater than the gains from preferential trading arrangements and more uniformly positive for all countries.     

Trade Liberalisation: The Effects of Free Trade Agreements on the Competitiveness of the Dairy Sector

In recent years, preferential trade agreements (PTAs), free trade agreements (FTAs) in particular, have proliferated while WTO negotiations have stagnated. This paper contributes to the literature on trade liberalisation and the agricultural sector by analysing the effects of FTAs on the competitiveness of the dairy sector across 76 countries and over a 20‐year period from 1990 to 2009. With a longitudinal econometric model, the results demonstrate that when a country has a revealed comparative advantage in the dairy sector, FTAs positively influence several indicators of competitiveness in the dairy sector, such as production, market share and trade balance. The results also indicate that multilateral FTAs are more beneficial than bilateral FTAs. There is strong empirical evidence that FTAs are more beneficial to developed countries than to developing countries. There is no statistical evidence to support the hypothesis about a relationship between FTAs and farm‐gate price.     

Trade‐Policy Issues and Policy Options for Japan and the United States: Introduction and Overview

This symposium includes papers that analyse a number of issues that are likely to play a key role in the Doha Development Agenda (DDA) negotiations. These issues are analysed from the perspective of US‐Japanese economic relations. In these papers, the economic effects of the WTO negotiating options available to both countries are explored. A final paper examines the important issues raised by the free trade agreements (FTAs) that have or will soon be negotiated by the United States and Japan. Brief summaries of the papers are provided. With all the advantages that have accrued to Japan from the multilateral trading system, it is not surprising that for many years Japan, alone among the world's major economies, stayed aloof from regional trading arrangements. The very past success of the multilateral trading system has made further progress at this level far more complex and has pushed many countries, Japan included, to look to new and deeper regional trading agreements as a more productive path. But it should not be forgotten that while FTAs may be easier to conclude, their benefits are modest compared with what can be gained from a successful Doha Round, and the costs from new distortions imposed on regional trade can be very significant for some of the world's poorer economies. Every good reason remains for Japan to continue to wish to be a pillar of the WTO and of the new Doha Round.     

What Future for the WTO?

The past decade has been troubling for the World Trade Organization (WTO). After 12 hard years of negotiation, and multiple missed deadlines, stakes are high for breaking the many logjams that obstruct the Doha Development Round. This article assesses what can be salvaged from the Doha Round and the associated global payoffs, and it provides guidelines for maintaining the relevance of the WTO moving forward. There is good reason for measured optimism, but for optimism to be sustained, trade ministers must deliver something meaningful at the Bali WTO Ministerial in December 2013.     

Bilateral ‘WTO‐Plus’ Free Trade Agreements: The WTO Trade Policy Review of Singapore 2004

The World Trade Organisation's 2004 Trade Policy Review of Singapore (WTO‐TPR Singapore 2004) depicts the small and outward‐oriented economy as one of the most open countries to international trade and investment. The review highlights the benefits of the outward‐oriented strategy that has enabled the Singapore economy to weather recent external shocks such as the Asian financial crisis to the SARS and to the recent unfavourable conditions in the Middle East. In particular, the report commended Singapore's efforts on its liberalisation of the services sector and its economic benefits to consumers and global trade. However, the WTO‐TPR Singapore 2004 highlights several key areas of concerns: (a) the commitment to multilateral agreements with the rising number of bilateral free trade agreements signed by Singapore and (b) the lack of growth of total factor productivity, a key indicator for long‐run efficiency of the economy. The paper addresses the above key concerns raised in the WTO's TPR of Singapore in terms of its commitment to global trade in terms of WTO‐plus bilateral FTAs, which intends to support a multilateral trading system, and its overall industrial strategies to raise its competitiveness.     

Regionalisation of Trade and Regionalism in Trade Policy – Patterns, Strategies and Impact

Against the backdrop of the stalled Doha Round the emphasis in the trade policies of nations and country groupings is widely expected to shift further away from multilateral trade negotiations and towards the conclusion of preferential trade agreements (PTAs). This article sketches the network of international trade flows and shows how it has increasingly been matched by a worldwide web of PTAs, the nature of which has changed over time. PTAs are discussed in their regional context and assessed with a view to their economic impact and their implications for the multilateral trading system.     

In search of WTO trade effects: Preferential trade agreements promote trade strongly, but unevenly

The literature measuring the effects of WTO membership on trade flows has produced remarkably diverse results. Rose (2004) reports a wide range of empirical specifications that produce no WTO effects. Tomz et al. (2007) use Rose's data but include de facto WTO membership, to find positive WTO trade effects. Rose (2005) also produced positive WTO trade effects after accounting for the diverse trade effects produced by individual preferential trade agreements (PTAs). When Subramanian and Wei (2007) emphasize general equilibrium trade effects by controlling for multilateral resistance, they find strong WTO trade effects only for industrialized countries. Subramanian and Wei (2007), however, account neither for unobserved heterogeneity among trading partners, nor for differences in trade effects across PTAs (which could inflate WTO estimates). We unify the Rose, Tomz et al., and Subramanian and Wei specifications in one comprehensive approach that minimizes omitted variable bias to show that all specifications produce one consistent result: WTO effects on trade flows are not statistically significant, while PTAs produce strong but uneven trade effects. Extending the gravity model to address specific avenues in which WTO may have affected trade flows, we find that WTO membership boosts trade prior to PTA formation and increases trade among proximate developing countries (at the expense of distant trade). An augmented gravity model that accounts for WTO terms-of-trade theory shows that countries with greater incentives to bargain for tariff reductions before WTO accession experience positive and significant subsequent WTO trade effects.     

《关贸总协定》第24条的再解读--规则、案例和展望

《关贸总协定》第24条所规定的区域贸易安排是世贸组织框架下最惠国待遇的例外。区域贸易安排一方面有贸易促进的积极作用,另一方面又因其集团间歧视的特征,一旦被滥用,就会侵蚀世贸组织的非歧视原则,背离关贸总协定/世贸组织实现全球贸易自由化和一体化的目标。《关贸总协定》第24条、乌拉圭回合的《谅解》以及土耳其案的专家组、上诉机构的论述都显示了世贸组织对区域贸易安排越来越多的关注,但现有的制度仍有一些不足,文章从对规则的分析入手,从区域贸易安排与世贸组织的关系定位、争端解决机制、区域贸易协定审查委员会的审查等方面对世贸组织框架下区域贸易安排的完善提出若干建议。     

The Dispute Settlement Mechanism of the WTO: A Brief History and an Evaluation from Economic,Contractarian and Legal Perspectives

Any rule‐based system has to include a mechanism for the enforcement of its rules and a means for settlement of disputes about alleged violation of rules. The General Agreement on Tariffs and Trade (GATT), concluded in 1947, and its successor the World Trade Organisation (WTO) that subsumed it in 1995, embody rules governing the global trading system as specified in various agreements that their members have entered into over time. Naturally, both had a dispute settlement mechanism (DSM). It was a primarily political one in the GATT and was transformed into a largely legalistic one in the multilateral agreement that established the WTO. This paper reviews the history and evaluation of the two DSMs and examines their efficiency based on appropriate criteria. It views them from three alternative and overlapping perspectives: political‐diplomatic, legal‐economic and social. It concludes with a discussion of the unresolved problems in the operation of the WTO's DSM and the prospects of resolving them in the ongoing Doha Round of multilateral trade negotiations.     

International trade regulation and sustainable development: An outlook

Sustainable development at both the national and the global level is increasingly acknowledged to be dependent upon the international trade system. The WTO Agreements and the continuing discussion in the WTO Committee on Trade and Environment are therefore examined here in the light of principles put forward by the International Institute for Sustainable Development. The current shortcomings in the WTO are analysed and some possible cornerstones for future WTO development indicated.     

WTO技术性贸易壁垒的法律思考 --从中国贸易壁垒调查第一案谈起

WTO框架下的《技术性贸易壁垒协议》,对当今国际贸易中的技术性贸易壁垒作出规范。文章以中国贸易壁垒调查第一案为例,从法律角度出发,就上述协议中的最惠国待遇原则、WTO成员方的自主权与国际制约等重要问题进行深入的探讨和分析,同时就我国的对策提出建议。     

Politics of free trade areas: tariffs versus quotas

In this paper we compare and contrast the political viability of bilateral Free Trade Area (FTA) Agreements in the presence of tariffs and quotas. Assuming that the government maximizes a weighted sum of welfare and producer profits, we show that the political viability of FTAs varies according to whether trade restrictions take the form of tariffs or quotas. A key result is that whereas an FTA is unambiguously rejected by one of the countries under a tariff, it may be endorsed by both trading partners under a voluntary export quota or import quota that provides equal protection as the tariff.     

多哈回合早期收获与《贸易便利化协定》

WTO多哈回合谈判历经十余年陷入僵局,但2013年12月在巴厘部长级会议上终于达成了早期收获,其中最大的成果就是《贸易便利化协定》达成了实质性合意。该协定内容丰富,在贸易便利化方面具有突破性的进展。从国际条约法方面看,还处于缔结程序中的该协定是未来WTO《多哈回合谈判最终文件》的一部分,并且也是"一揽子协议"。从国际组织法方面看,该协定的实施将会遵循WTO和WCO的合作模式,WCO将会发挥很大的作用。该协定合意的达成对于中国口岸和海关制度的改革具有很大意义,将会促进中国现代化海关制度的建成。     

How Effective are WTO Disciplines on Domestic Support and Market Access for Agriculture?

A new round of trade negotiations through the World Trade Organization (WTO) was launched in 2001. One of the major aims of the Doha Development Round is to reduce agricultural protection and impose greater discipline on domestic agricultural subsidies, particularly those that are the most trade distorting. In this article, we examine whether the proposed WTO modalities for agriculture will actually achieve this aim in Norway, which ranks among the top providers of government assistance for agriculture. Norway has a complex system of farm subsidies buttressed by substantial import protection. The extent to which its agricultural support policies will have to change in response to new WTO disciplines provides an important indication of how successful these are likely to be. We find that Norway will probably be able to sustain its current agricultural activity and production levels while staying within the new WTO rules. Following recent practice in some other WTO members, Norway will be able to reduce its notified support without making real changes in some of its programmes. However, there will have to be a shift from market price support, which is paid for by consumers through higher food prices, to budgetary support paid by taxpayers. This could generate increased domestic pressure for policy reform.     

世界贸易组织多哈回合谈判受挫原因及启示

文章指出,世界贸易组织最主要的职能是组织和推动多边贸易谈判,多哈回合是世界贸易组织成立以来的第一轮多边贸易谈判,自启动至今屡遭挫折,其主要原因是:区域经济一体化组织深入发展,世界经济力量对比发生了变化;谈判领域和内容越来越敏感,改革接近零和博弈;谈判中发展中成员联合程度提高,影响力扩大;世界贸易组织自身决策机制等存在缺陷。文章提出,为促进世界贸易自由化发展,世界贸易组织应加快改革进程,慎重增加谈判议题,扩大管辖范围;切实做好现有规则和协议的执行与落实;改革决策机制,提高解决现实问题的效率;平衡各方利益,进一步增强世界贸易组织的民主性和公平性,以继续发挥自由贸易主导者和推动者的作用。     

Trade Policies in Southeast Asia in the Wider Asian Perspective

This paper takes stock of trade policies in Southeast Asia after the Asian crisis and in the wake of the current global economic crisis. It compares trade policies in individual Southeast Asian countries; places them in the context of regional and global economic integration; and particularly draws implications for the region from the rise of China and India. The first section looks at recent trade and FDI patterns in Southeast Asia. Then follows an overview of key trade‐policy trends, in the region overall and in individual countries. The next sections examine ASEAN countries in international trade negotiations and agreements: first in the WTO, especially in the Doha Round; then within ASEAN; and finally on cross‐regional FTAs. The paper concludes that ASEAN countries cannot rely on external tracks ‘from above’ for meaningful trade policy reform. Since the Asian crisis there has been a slowdown of reform momentum, and too much reliance on trade negotiations – especially FTAs. Rather, countries in the region have to rely on themselves –‘from below’ as it were. The engine of liberalisation and regulatory reform has to be home‐driven – as it was before the Asian crisis – with governments taking unilateral measures in response to internal and external conditions.     

知识产权与贸易相关性的理论与实证分析

知识产权不仅推进着科学技术的进步,体现着一国生产力发展水平,还与贸易关系密切,实证分析表明,二者之间存在正相关关系。本文结论为进一步的政策建议奠定了理论基础,也为我国在WTO体制框架内自觉贯彻《与贸易有关的知识产权协议》提供了理论背景。     

Thai Trade Policy: From Non‐discriminatory Liberalisation to FTAs

FTAs have dominated Thai trade policy recently, reflecting the general trend in east Asia. But they also reflect domestic political changes, especially the decision‐making style of the Thaksin government. Thai FTAs have become very politicised. In particular, the US‐Thai FTA negotiations have run into a storm of domestic protest. The first section of the paper surveys the national trade‐policy framework. It highlights the slowdown of unilateral trade and FDI liberalisation after the Asian crisis, though a descent back into protectionism was successfully resisted. Thailand punches well below its weight in the WTO, and not very forcefully in ASEAN, because political attention and negotiating resources have switched to FTAs. The second section identifies the main actors in Thai trade policy, and briefly describes the trade‐policy decision‐making process as well as recent developments during the Thaksin administration. The following central section deals with Thailand's FTAs. These have been driven by vague foreign‐policy goals, while credible economic strategy has been lacking. The residual commercial logic is narrowly mercantilist and ‘trade‐light’, seeking an exchange of concessions in a narrow range of sectors rather than comprehensive, trade‐creating FTAs. Weak and partial FTAs are the result. The sole exception has been the Thailand‐USA FTA negotiations, as the USA wants a strong, deep‐integration FTA. However, negotiations were suspended in 2006 in the wake of the Thai political crisis. Overall, Thai trade policy post‐Asian crisis is highly unbalanced. It stands on a shaky FTA leg, while the other WTO leg has gone to sleep and the ASEAN arm is limp. Above all, core unilateral liberalisation and related regulatory reform are lacking.     

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.