Accessions à l'OMC
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Tariff Negotiations and Renegotiations under the GATT and the WTO
Over the past seven decades since the General Agreement on Tariffs and Trade (GATT) was established in 1947 there has been a phenomenal increase in international trade in goods largely due to sustained efforts by the world’s main trading nations to reduce and eliminate tariff barriers in a multilaterally orchestrated manner. This publication reviews how the procedures and practices relating to tariff negotiations and renegotiations have evolved over this time. In particular this new edition recounts how negotiations to expand the duty-free coverage of the Information Technology Agreement were concluded and provides an account of tariff renegotiations regarding successive enlargements of the European Union. It also covers tariff negotiations for the accession of a number of new members to the WTO such as China and Russia. This book will be of particular interest to negotiators members of government trade ministries economists and academics specialized in trade policy.
WTO Accessions and Trade Multilateralism
Trois questions importantes seront déterminantes pour l'avenir de l'OMC: le règlement des différends les négociations et l'intégration régionale. Le règlement des différends est généralement considéré comme l'un des succès majeurs de l'OMC durant ses dix premières années d'existence. La conclusion des négociations du Cycle de Doha est l'un de ses principaux défis. L'intégration régionale est désormais au premier plan du débat alors que les accords régionaux prolifèrent et que les décideurs et les universitaires prennent la mesure de leur incidence sur le système commercial multilatéral. Ces questions et leur interaction sont traitées par d'éminents spécialistes et professionnels du droit commercial international originaires d'Amérique du Nord d'Europe et de la région Asie Pacifique. En outre des sections spécifiques sont consacrées à la région Asie Pacifique à sa participation au règlement des différends et aux négociations dans le cadre de l'OMC et aux tendances récentes à une plus grande intégration régionale.AE1:AE10
African Perspectives on Trade and the WTO
Twenty-first century Africa is in a process of economic transformation but challenges remain in areas such as structural reform governance commodity pricing and geopolitics. This book looks into key questions facing the continent such as how Africa can achieve deeper integration into the rules-based multilateral trading system and the global economy. It provides a range of perspectives on the future of the multilateral trading system and Africa's participation in global trade and underlines the supportive roles that can be played by multilateral and regional institutions during such a rapid and uncertain transition. This volume is based on contributions to the Fourth China Round Table on WTO Accessions and the Multilateral Trading System which took place just before the WTO's Tenth Ministerial Conference in Nairobi in December 2015.
Trade Multilateralism in the 21st Century
Trade multilateralism in the twenty-first-century century faces a serious test as weakness in the global economy and fast-paced technological changes create a challenging environment for world trade. This book examines how an updated and robust rules-based multilateral framework anchored in the WTO remains indispensable to maximizing the benefits of global economic integration and to reviving world trade. By examining recent accessions to the WTO it reveals how the growing membership of the WTO has helped to support domestic reforms and to strengthen the rules-based framework of the WTO. It argues that the new realities of the twenty-first century require an upgrade to the architecture of the multilateral trading system. By erecting its 'upper floors' on the foundation of existing trade rules the WTO can continue to adapt to a fast-changing environment and to maximize the benefits brought about by its ever-expanding membership.
A Handbook on Accession to the WTO
The Handbook provides the first detailed explanation and analysis of the process whereby governments become Members of the WTO. The WTO Agreement which came into force on 1 January 1995 provides few details on how this process is to take place. Consequently the steps in the detailed negotiations leading up to access have evolved through the actual negotiations for governments which have become Members of the WTO since 1995. This handbook is unique in providing an account of how the process evolved and in offering details on the process as it is now applied. Moreover the input of the WTO Secretariat into the preparation of the guide provides information not available until now to anyone outside the Secretariat. The Secretariat has supported production of this handbook in the hope it will serve as a useful source of reference for officials from acceding governments WTO Members academia and the general public.
Preferential Trade Agreements in Africa: Lessons from the Tripartite Free Trade Agreements and an African Continent-Wide FTA
Economic transformation is an important pre-requisite for African countries to maximize the benefits of globalization. The development outcomes of the transformation process are conditioned on the one hand by the level of inclusiveness and on the other by the sustainability of the development pathways among other factors. Building on experiences since the new millennium in which Africa has witnessed rapid and sustained high levels of economic growth and informed by the policy discourse that accompanied the formulation of the Common African Position on Sustainable Development Goals African countries have charted a transformation path in which they aspire to play to their comparative advantages.
WTO Accessions and Trade Multilateralism
What have WTO accessions contributed to the rules-based multilateral trading system? What demands have been made by original WTO members on acceding governments? How have the acceding governments fared? This volume of essays offers critical readings on how WTO accession negotiations have expanded the reach of the multilateral trading system not only geographically but also conceptually clarifying disciplines and pointing the way to their further strengthening in future negotiations. Members who have acceded since the WTO was established now account for twenty per wto_cent of total WTO membership. In the age of globalization there is an increased need for a universal system of trade rules. Accession negotiations have been used by governments as an instrument for domestic reforms and one lesson from the accession process is that there are contexts which lead multilateral trade negotiations to successful outcomes even in the complex and multi-polar twenty-first-century economic environment. The contributions in this volume illuminate the pressing question regarding why some trade negotiations fail some stall and others succeed.
WTO Accession Reforms and Competitiveness – Lessons for Africa
This chapter evaluates the impact on competitiveness of reforms undertaken by recently acceded countries and draws lessons for African countries pursuing the goal of becoming emerging economies. By comparing reform outcomes before and after accessions relative to control groups using the difference-in-difference evaluation method the chapter concludes that the recently acceded members improved their international competitiveness although the overall impact was relatively small and differed substantially across economies economic sectors and time. African economies aspiring to become emerging economies could build on the experience of recently acceded countries by designing long-term reform agendas similar to the accession reform packages locking them into a credible policy framework through a series of domestic and international agreements frontloading reforms to gain credibility and persisting in their implementation balancing short-term costs with long-term benefits and learning from Article XII peers who have gained substantial experience in managing complex reforms.
African Perspectives on Trade and the WTO
Twenty-first century Africa is in a process of economic transformation but challenges remain in areas such as structural reform governance commodity pricing and geopolitics. This book looks into key questions facing the continent such as how Africa can achieve deeper integration into the rules-based multilateral trading system and the global economy. It provides a range of perspectives on the future of the multilateral trading system and Africa’s participation in global trade. It also underlines the supportive roles that can be played by multilateral and regional institutions during such a rapid and uncertain transition.
Energy-related rules in Accession Protocols: Where are they?
Energy issues have not been systematically discussed by WTO members in the multilateral trading system. This is owing to the fact that there is no rule on energy per se in WTO agreements. Yet all tradable energy goods and services are covered by the General Agreement on Tariffs and Trade 1994 and the General Agreement on Trade in Services respectively. With energy security and climate change high on the global agenda there is increasing interest in how to deal with energy-related issues during WTO accession negotiations particularly given that several energy-producing countries energy-transit countries and energy-consuming countries are currently in accession negotiations. Following the examples of earlier accessions the ongoing negotiation dossiers would need to negotiate energy-related specific obligations in their terms of accession. This chapter identifies five key themes relating to energy in the WTO Accession Protocols of the Article XII members and explains the rationale of how these topics relate to trade in energy based on the existing WTO rules. Further it categorizes similar energy patterns and trends for Article XII members. Finally the chapter draws lessons for future WTO rule-making by arguing that these ‘updated’ rules on energy found in Article XII members’ Accession Protocols will have the potential to guide the envisaged regular work of the WTO on future rule-making on trade in energy thereby contributing to international energy cooperation in the context of the rules-based multilateral trading system.
The WTO and the global economy: Contemporary challenges and possible responses
The high economic growth rates that have been achieved by many countries in Asia have led to a contemporary world economy that is multipolar. This has had repercussions for the WTO as well as for other multilateral organisations. The deadlock in the WTO’s Doha Round has led the United States and the European Union increasingly to turn their attention towards the negotiation of preferential trade agreements including so-called ‘mega-regional’ partnerships. This chapter discusses some of the implications for – and possible responses by – the economies that have the greatest stake in a well-functioning multilateral trading system. These economies may find themselves caught in the midst of disagreements between the major trading nations with few prospects of participating in the mega-regionals. The chapter argues that these economies – including those that have acceded to the WTO since its creation – need to take a more proactive leadership role in the WTO to enhance the transparency of what is done in the ‘megaregionals’ and to facilitate the pursuit of rule-making initiatives in the WTO on a plurilateral basis.
A podium perspective: Experiences and challenges of chairing a working party
What is the perspective from the podium? what are the challenges that face the chairperson of an accession working party? The role of a chairperson of an accession working party is tough and challenging and the functions of a chairperson can only be successfully exercised if he or she has the trust and confidence of parties involved. This role is best understood as that of a referee assisted by the Secretariat. The accession of the Russian Federation demonstrated that ‘the real work in WTO accession negotiations is done “beyond the gavel”. If the chair could only work with the gavel the accession process would get nowhere.’ Critical to any progress in the complexity of accession negotiations is political will and the ability to compromise as geopolitics may add a thick layer of complexity to the process. The reality of accession negotiations is that all participants have to be accommodated.
The WTO- Plus Obligations: Dual Class or a Strengthened System?
Obligations in accession protocols that go beyond the multilateral trade agreements are commonly referred to as ‘WTO-plus’ obligations. This chapter reviews the so-called WTO-plus obligations and argues that even though they are perceived to expand the existing obligations under multilateral trade agreements they in fact do not create two classes of membership within the World Trade Organization (WTO). First all accession processes are conducted on a case-by-case basis and thus result in different obligations for each acceding government. Second the WTO legal system is evolving continuously; therefore to adopt new rules and advance the legal system obligations cannot remain the same as in previous accessions. Third non-discrimination remains one of the fundamental principles of the multilateral trading system. Accessions to WTO follow this principle and hence WTO-plus obligations have been and will continue to be set on a non-discriminatory basis. At the same time WTO-plus obligations help upgrade the rules-based multilateral trading system. They fill gaps in the WTO rules on anti-dumping countervailing and safeguard regimes and they advance WTO rules by promoting plurilateral agreements.
Introduction and Summary
This Handbook is intended for readers wanting detailed information on the process of accession to the World Trade Organization (WTO). It will be of practical use to people involved in one way or another with the process and with the negotiations on accession to the World Trade Organization. The Handbook provides the general reader with a basis for informed discussion and analysis of the WTO’s membership process. It first places accession in the context of the WTO. It then sets out the basic provisions governing accession before going on to look at the standard procedures followed and then at the terms on which applicants have acceded to the Organization. Finally its annexes bring together the main documents used in the accession process.
How Post- TRIPS Negotiations Reframe the ‘Trade- Related Aspects’ of Intellectual Property after TRIPS: The Lessons of WTO Accessions
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) established the first multilateral understanding of what constitutes a standard for ‘adequate’ and ‘effective’ protection of intellectual property rights and established a new mechanism for monitoring and reviewing how these standards are met. The policy and legal framework defined by the TRIPS Agreement has in the two decades since it entered into force progressively gained acceptance as a legitimate balanced and transparent set of standards. Since then however two parallel sets of negotiations have revisited the standards defined by TRIPS: the multilateral WTO accession negotiations and bilateral and regional trade negotiations outside the WTO. In each case TRIPS standards have been further elaborated and timelines for their implementation altered in a manner that produces a layering of rules upon the foundation of TRIPS. However the institutional legal and policy implications of these two lines of development contrast sharply. This chapter reviews the main lines of development of rules relating to intellectual property in the accession processes and contrasts these with the parallel developments outside the WTO. It concludes with an analysis of the policy and practical lessons that can be derived from contrasting these two processes.
Technical Assistance and Training for Acceding Countries
Accession to the WTO is a complex process and all acceding governments need expert advice to master the WTO rules and obligations the procedures governing the accession negotiations the demands that the process makes of them and how to respond to these demands. Applicants are also ipso facto participants in the negotiations under the Doha Development Agenda and need to keep abreast of the issues being dealt with there as they will be expected to accept the results of these negotiations when they become WTO Members.
Introduction and Overview
This volume the work of more than twenty authors grew out of the Fourth China Round Table and the WTO’s Tenth Ministerial Conference two seminal events held back-to-back in Nairobi Kenya in December 2015. The work presented here provides comprehensive substantive insights of the African trade policy and development context in which these two meetings took place.
Services market opening: Salience, results and meaning
This chapter is structured around three questions. What advances have been made on services market opening? what have been the specific market access commitments of least-developed countries (LDCs)? And what is the progress made with domestic regulation disciplines? This chapter examines the extent to which the services-specific commitments and domestic regulatory disciplines of Article XII members differ from those undertaken by original WTO members at similar levels of development. Although no single indicator exists that can be used to make this comparison given the textual nature of specific commitments as opposed to the numerical properties of tariffs several other possible parameters exist which could be used alone or in combination to assess such departures. The evidence and patterns in Article XII members’ services market access commitments and regulatory state-of-play and advances are examined. The trends and patterns in the depth and sectoral coverage of commitments are identified. The results from accession negotiations on the rules are reviewed with particular focus on how they compare to the envisaged disciplines on domestic regulation under the General Agreement on Trade in Services Article VI:4. Finally the performance of Article XII LDC members in their WTO accession services negotiations is reviewed. Overall the evidence indicates that Article XII members’ services bindings go further than those of original WTO members.