Canada-wheat: Discrimination, Non-commercial Considerations, and State Trading Enterprises PDF Download
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Author: Bernard Hoekman
Publisher: World Bank Publications
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
Statutory marketing boards that have exclusive authority to purchase domestic production, sell for export, and set purchase and sales prices of commodities are a type of state trading enterprise that is subject to World Trade Organization disciplines. This paper assesses a recent dispute brought by the United States against Canada, alleging that WTO rules require state trading enterprises to operate solely in accordance with commercial considerations and that the Canadian government did not require the Canadian Wheat Board to do so. The panel and Appellate Body found that the primary discipline of the WTO regarding state trading enterprises was nondiscrimination, and that operating on the basis of commercial considerations was not an independent obligation. Instead, WTO disciplines regarding the pricing behavior of state trading enterprises use a commercial considerations test as a possible indicator of discrimination. Although a significant degree of price discrimination is observed in the case of Canadian wheat exports, there are economic arguments why this might also be pursued by a private, profit maximizing firm.
Author: Bernard Hoekman
Publisher: World Bank Publications
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
Statutory marketing boards that have exclusive authority to purchase domestic production, sell for export, and set purchase and sales prices of commodities are a type of state trading enterprise that is subject to World Trade Organization disciplines. This paper assesses a recent dispute brought by the United States against Canada, alleging that WTO rules require state trading enterprises to operate solely in accordance with commercial considerations and that the Canadian government did not require the Canadian Wheat Board to do so. The panel and Appellate Body found that the primary discipline of the WTO regarding state trading enterprises was nondiscrimination, and that operating on the basis of commercial considerations was not an independent obligation. Instead, WTO disciplines regarding the pricing behavior of state trading enterprises use a commercial considerations test as a possible indicator of discrimination. Although a significant degree of price discrimination is observed in the case of Canadian wheat exports, there are economic arguments why this might also be pursued by a private, profit maximizing firm.
Author: Joel P Trachtman
Publisher: World Scientific
ISBN: 9814635731
Category : Business & Economics
Languages : en
Pages : 466
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Book Description
Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development.In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, 'The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune.'
Author: Sue Arrowsmith
Publisher: Cambridge University Press
ISBN: 1139501429
Category : Law
Languages : en
Pages : 895
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Book Description
Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.
Author: Panagiotis Delimatsis
Publisher: Edward Elgar Publishing
ISBN: 1783478446
Category : Law
Languages : en
Pages : 564
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Book Description
The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.
Author: Díaz-Bonilla, Eugenio
Publisher: Intl Food Policy Res Inst
ISBN:
Category : Law
Languages : en
Pages : 28
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Book Description
This paper reviews, from the perspective of developing countries, the recent agreement reached at the 10th WTO Ministerial at Nairobi related to export competition, including exports subsidies, food aid, export credits and guarantees, and state trading enterprises (STEs). The legal and economic aspects of the agreement are examined, and the relevance of banning agricultural export subsidies are noted. This eliminates some of the worst-case scenarios, if agricultural world prices continue to soften and the important margin of export subsidies still allowed under the WTO framework was to be used. But given the relatively longer transition period for some relevant products before export subsidies are completely banned, the paper argues for continued monitoring of the potential use of this instrument. The paper also discusses the other components of export competition, looking into the legal and economic aspects. Some suggestions about continuous work on transparency and monitoring of current practices, and further disciplines are also presented.
Author: Uri Dadush
Publisher: Cambridge University Press
ISBN: 1107093368
Category : Business & Economics
Languages : en
Pages : 1015
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Book Description
An examination of how WTO accession negotiations have expanded the reach of the multilateral trading system both geographically and conceptually.
Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 9780521867795
Category : Law
Languages : en
Pages : 792
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Book Description
The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2004.
Author: Bernard M. Hoekman
Publisher:
ISBN: 0199553777
Category : Business & Economics
Languages : en
Pages : 766
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Book Description
The Political Economy of the World Trading System is a comprehensive textbook account of the economics, institutional mechanics and politics of the world trading system. This third edition has been expanded and updated to cover developments in the World Trade Organisation (WTO) since its formation, including the Doha Round, presenting the essentials of trade negotiations and the WTO's rules and disciplines. The authors focus in particular on the WTO's role as the primary organisation through which trading nations manage their commercial interactions and the focal point for cooperation on policy responses to the rapidly changing global trading environment. It is the forum in which many features of the globalisation process are considered, and it currently faces an unprecedented set of challenges. The increasing importance of countries in Asia, Latin America and Africa in international trade relations, the revealed preference towards regionalism, intensification of trade conflicts, the role of business groups and NGOs in trade policy formation and negotiations, and pressures for more leadership in an institution threatened by paralysis are examples of issues that are discussed in some detail; all are critical for the operation of the system and for international business in the coming decade. This edition also includes numerous real-world examples to illustrate how the WTO impinges on business, workers and households, written from the perspective of managers and business associations. An insider's view of the institutional history of the WTO allows the authors to use a variety of conceptual tools to analyse the working of the WTO in a non-technical manner. Suggestions for Further Reading at the end of each chapter and an extensive bibliography make the volume suitable both for introductory and postgraduate courses on international economics and business, international relations, and international economic law.
Author: William J. Davey
Publisher: Martinus Nijhoff Publishers
ISBN: 9004233156
Category : Law
Languages : en
Pages : 360
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Book Description
International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the most favoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
Author: Henry Gao
Publisher: Cambridge University Press
ISBN: 1108830064
Category : Business & Economics
Languages : en
Pages : 225
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Book Description
The WTO provides tools to address China's state capitalism and should be the preferred forum for negotiations on SOE's and industrial subsidies.
