7 research outputs found
Canary in a coal mine: How trade concerns at the Goods Council reflect the changing landscape of trade frictions at the WTO
No full textThis paper studies the under-explored yet critical role of WTO's regular bodies, particularly focusing on the discussions of "trade concerns" within the Goods Council, its subsidiary bodies, as well as the General Council. These discussions are pivotal for the governance of international trade and are key in resolving trade frictions among WTO Members, going beyond the conventional realms of diplomatic negotiation and legal adjudication. By scrutinizing trade concerns deliberated within these bodies over the past 29 years, this paper provides insights into their indispensable function in enhancing policy transparency, facilitating constructive dialogue on trade measures, and offering a platform for members to voice concerns over the trade practices of others. Our analysis, based on a new methodology that focuses on the number of interventions rather than the number of trade concerns, uncovers a growing trend where Members are increasingly leveraging these discussions to navigate and mitigate trade tensions, even amidst institutional challenges such as the Appellate Body impasse, and illustrates how different groups of Members participate in these bodies. This phenomenon underscores the Goods Council's strategic position within the WTO structure, above the technical bodies and below its most political body, which has enabled it to become a useful barometer for the shifting dynamics of global trade frictions
Government Procurement, Financial Services, and Environment: Linkages and Implications for the EU and Brazil
No full textThe relationship between trade and the environment is increasingly a priority for policymakers and civil society. However, some of the disciplines covered by modern trade agreements have not received enough attention when it comes to their potential impact on the environment. Financial services and government procurement are two such areas, even though they are increasingly consequential topics for international trade policy and negotiations. This blind spot merits greater consideration as the connections definitely exist: the regulation of government procurement and financial services can have positive or negative implications for environmental outcomes on the ground, which makes understanding these links a crucial task.
Engaging in this very task, this report focuses on the EU-Mercosur Trade Agreement, with a particular attention to the case of Brazil. Using the Agreement on Government Procurement (GPA) and the General Agreement on Trade in Services (GATS) as an analytical base, the report examines recent and relevant trade agreements entered into by Brazil and the EU to contextualize and understand the links between environmental protection on the one hand and government procurement and financial services on the other. The insights generated are then applied to the analysis of the government procurement and financial services chapters of the EUMTA, in an effort to understand how these rules affect parties’ ability to regulate in pursuit of environmental outcomes
Government Procurement, Financial Services, and Environment: Linkages and Implications for the EU and Brazil
No full textThe relationship between trade and the environment is increasingly a priority for policymakers and civil society. However, some of the disciplines covered by modern trade agreements have not received enough attention when it comes to their potential impact on the environment. Financial services and government procurement are two such areas, even though they are increasingly consequential topics for international trade policy and negotiations. This blind spot merits greater consideration as the connections definitely exist: the regulation of government procurement and financial services can have positive or negative implications for environmental outcomes on the ground, which makes understanding these links a crucial task.
Engaging in this very task, this report focuses on the EU-Mercosur Trade Agreement, with a particular attention to the case of Brazil. Using the Agreement on Government Procurement (GPA) and the General Agreement on Trade in Services (GATS) as an analytical base, the report examines recent and relevant trade agreements entered into by Brazil and the EU to contextualize and understand the links between environmental protection on the one hand and government procurement and financial services on the other. The insights generated are then applied to the analysis of the government procurement and financial services chapters of the EUMTA, in an effort to understand how these rules affect parties’ ability to regulate in pursuit of environmental outcomes
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Government Procurement, Financial Services, and Environment: Linkages and Implications for the EU and Brazil
No full textThe relationship between trade and the environment is increasingly a priority for policymakers and civil society. However, some of the disciplines covered by modern trade agreements have not received enough attention when it comes to their potential impact on the environment. Financial services and government procurement are two such areas, even though they are increasingly consequential topics for international trade policy and negotiations. This blind spot merits greater consideration as the connections definitely exist: the regulation of government procurement and financial services can have positive or negative implications for environmental outcomes on the ground, which makes understanding these links a crucial task.
Engaging in this very task, this report focuses on the EU-Mercosur Trade Agreement, with a particular attention to the case of Brazil. Using the Agreement on Government Procurement (GPA) and the General Agreement on Trade in Services (GATS) as an analytical base, the report examines recent and relevant trade agreements entered into by Brazil and the EU to contextualize and understand the links between environmental protection on the one hand and government procurement and financial services on the other. The insights generated are then applied to the analysis of the government procurement and financial services chapters of the EUMTA, in an effort to understand how these rules affect parties’ ability to regulate in pursuit of environmental outcome
Recommended from our members
Indian Agriculture Under the Shadows of WTO and FTAs ::Issues and Concerns /
No full textThis book examines the various issues and concerns faced by Indian agriculture under the obligations of WTO and the Free Trade Agreements. While the issues discussed pertain mainly to India, the lessons can also be derived for many other similarly placed developing countries. The book delves into various aspects of Indian agricultural trade and evaluates the domestic policies and regulations of government while also looking at external factors like WTO, free trade agreements and non-tariff barriers. Chapters of this book have been contributed by eminent agricultural economists, lawyers and social scientists providing the perspective from their sector. This book highlights the challenges and opportunities for agriculture sector under the rapidly growing regional trade agreements and results of negotiations under the WTO. It also provides critical insights into the ongoing fisheries subsidies negotiations at the WTO and issues relating to non-tariff measures. The findings have broad implications for developing countries in general and India in particular. This book will greatly benefit trade negotiators, policymakers, civil society, farmer groups, researchers, students, and academics interested in issues related to the WTO, FTAs, tariff and non-tariff barriers and other allied issues concerning Indian agriculture. The techniques used in analytical part will mostly benefit the researchers as they can not only use these techniques and methodologies for their future research, but to also carry the research forward. The book is useful for many educational institutes which teach international trade, agricultural economics, and WTO and FTAs studies
Do Private Actors Have Rights under the WTO? The Motivation for and (Inadequate) Implementation of GATT Article X
No full textGeneral Agreement on Tariffs and Trade (GATT) Article X has been consistently overlooked in literature even though it is a unique provision in the GATT-regime: it acknowledges standing for private actors who can challenge trade-related administrative action by World Trade Organization (WTO) members. This provision is an unusual instantiation of the need to provide transparency for private actors about state policy. It is equally eccentric in seeming to provide a right for private actors to challenge governments, albeit only before domestic fora. How did the GATT end up with this provision? And are these apparent private rights meaningful in practice? Since implementation of Article X rarely arises in WTO disputes, this paper proposes an answer to the second question based on six case studies of the United States of America (US), Canada, the European Union (EU), Brazil, China, and India. This is a heterogenous group that comprises big trading nations. We find wide variance in state practice. We conclude with suggestions that would strengthen the WTO demos by providing better information through WTO monitoring on the rights accorded to private actors and the introduction of an explicit code of good practice
