Law and Policy in International Business

Articles from Vol. 31, No. 3, Spring

Addressing Market Access Barriers in Japan through the WTO: A Survey of Typical Japan Market Access Issues and the Possibility to Address Them through WTO Dispute Resolution Procedures
I. INTRODUCTION Japan has one of the lowest weighted average tariff rates in the world, has eliminated most quantitative restrictions (with exceptions primarily in the agricultural sector), and has few remaining formal restrictions on inward direct...
Addressing Private and Public/private Market Access
Jim Southwick does an excellent job analyzing the limitations of the existing international and U.S. legal regimes in dealing with the market access barriers erected through combinations of private and public measures in Japan.(1) His paper prompts...
America's Ability to Achieve Its Commercial Objectives and the Operation of the WTO
I. PREFACE This Symposium takes place in Washington at the beginning of what should be an informed review of the WTO in the light of United States interests. In an era of increasing "spin" in political discourse, it would be particularly welcome...
A Problem of Process in WTO Jurisprudence: Identifying Disputed Issues in Panels and Consultations
I. INTRODUCTION One stumbling block in the WTO Dispute Settlement Understanding(1) has been the question of exactly when, how, and with what effect disputed issues are to be identified. Must a party make its claims explicit in its request for a...
Can the WTO Dispute Settlement Body Be a Judicial Tribunal Rather Than a Diplomatic Club?
I. INTRODUCTION John Ragosta has prepared a thoughtful and instructive paper.(1) He tackles a very important subject, especially from the perspective of the U.S. private sector, namely: what should be the role of private parties and private counsel...
China and the World Trade Organization: Moving Forward without Sliding Backward
With considerable fanfare, the United States and China struck a historic agreement on China's membership in the World Trade Organization (WTO) in November 1999. The agreement is one of a series of bilateral understandings, to be followed by a multilateral...
Commentary on "The Appellate Body"
I. THE APPELLATE BODY: A JOB WELL DONE As a new dispute settlement entity, the Appellate Body has proven to be remarkably successful in establishing a high level of respect for its decisions. The quality of the. reasoning in the Appellate Body's...
Commentary on the Consultation Mechanism under the WTO Dispute Settlement Understanding during Its First Five Years
Any assessment of the WTO consultation mechanism's success under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) in its first five years depends, at least in part, on the criteria used in evaluating its function.(1)...
Commentary on the First Five Years of the WTO Antidumping Agreement and Agreement on Subsidies and Countervailing Measures
I. INTRODUCTION The Symposium brochure states that, "In the case of these Agreements ... the primary U.S. objective was defensive: to maintain effective remedies to address unfair trade practices." While this statement is certainly accurate as to...
Commentary: Operation of Dispute Settlement Panels
I. INTRODUCTION A neutral, efficient, and effective World Trade Organization (WTO) dispute settlement system is in the best interests of the United States. The question the United States should be asking at this time is not how to build a system...
Comments regarding the General Agreement on Trade in Services (Gats)
This Article is in general agreement with Ambassador Lang's article,(1) and makes two points that are related to and reinforce the views it expressed. The first point is the importance of the development of the rule of law in services trade. The second...
Dedication to Walter Hollis and Ambassador Julius L. Katz
For a quarter-century, starting at Annecy in 1948, Walter Hollis served as the State Department's trade lawyer--handling international trade negotiations; interpreting U.S. trade law, GATT, and other trade agreements; and advising regarding GATT disputes....
Implementing TRIPS - a Test of Political Will
I. INTRODUCTION January 1, 2000, was a watershed date for the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and for the World Trade Organization (WTO)--the day TRIPS went into effect for developing countries. The developing...
International Accounting Rate Reform: The Role of International Organizations and Implications for Developing Countries
I. INTRODUCTION Historically, telecommunications services have been predominantly government-owned or monopoly-controlled. During the past decade, countries have liberalized the telecommunications industry by opening their markets to competition...
Introduction
I. OBJECTIVE OF SYMPOSIUM The impetus for the symposium was sections 124 and 125 of the Uruguay Round Agreements Act (URAA). Section 124 of the URAA requires the Trade Representative to submit a report to Congress on the operation of the WTO by...
Moving Forward: Rebuilding a Working Consensus on Trade: Luncheon Presentation Summary and Comments
MODERATOR: AMBASSADOR IRA SHAPIRO SPEAKERS: AMBASSADOR CLAYTON YEUTTER, DANIEL TARULLO, RICHARD TRUMPKA Ambassador Shapiro: Shapiro opened the luncheon session by remarking that what transpired at the WTO meetings in Seattle created significant...
Operation of Consultations, Deterrence, and Mediation
I. THE WTO CONSULTATION PROCESS The WTO dispute settlement process starts when a WTO-Member government formally requests WTO consultations with another Member. Frequently, formal WTO consultations follow unsuccessful efforts to resolve a dispute...
Operation of the Appellate Process and Functions, Including the Appellate Body
This spring, the U.S. Congress will undertake its first five-year review of U.S. participation in the World Trade Organization. This review, conducted pursuant to section 125 of the Uruguay Round Agreements Act, is likely to focus on a broad range...
Operation of the WTO in the Context of Overall U.S. Trade Policy Objectives
I. INTRODUCTION It is always a pleasure to read and listen to the views of Alan Wolff on any aspect of U.S. trade policy. Wolff has been involved in trade policy both as a public official and a private practitioner for many years, and is always...
Operation of WTO Dispute Settlement Panels: Assessing Proposals for Reform
I. INTRODUCTION By their very nature, international institutions present special problems for the policy maker. At the lowest level, the survival and effective functioning of international bodies, such as the World Trade Organization (WTO) dispute...
Panel I A: Stage I-Operation of Consultations, Deterrence and Mediation: Presentation Summary and Comments
QUESTION AND ANSWER SUMMARY: John Jackson, the moderator, commented that Gary Horlick questioned the policy controversy over whether the dispute settlement mechanism is judicial or political. Jackson then asked Horlick whether he thought the underlying...
Panel I B: Stage II-Operation of Panels: Presentation Summary and Comments
John Greenwald: Greenwald noted his concern that panel reports show a lack of deference to government decision-makers and interfere with the domestic policy of WTO Members. He cited as an example the Shrimp-Turtle decision, which he said insisted on...
Panel I C: Stage III-Operation of the Appellate Process and Functions, Including the Appellate Body: Presentation Summary and Comments
Rachel Shub: Shub had four principle comments about the Appellate Body: (1) it is performing well and is promoting the DSU's objectives; (2) its heavier than expected caseload is at least partly the responsibility of the Member litigants; (3) its lack...
Panel I D: Stage IV-Operation of the Implementation Process: Presentation Summary and Comments
Linda Menghetti: Menghetti agreed with much of Gleason's presentation, but said that she would also like to take a different approach to implementation issues. She concluded that the implementation process so far has been fairly successful, noting...
Panel I E: Unmasking the Wto: Access to the System: Presentation Summary and Comments
Question and Answer Summary: Wilson stated that the issue is how to implement the list of reforms proposed by Ragosta. Ragosta responded that it has been disturbing to him that the developing countries so strongly rejected reforms. He agreed that the...
Panel II A: Agreement on Trade-Related Intellectual Property Rights (Trips): Presentation Summary and Comments
Geralyn Ritter: Ritter said that she believes the TRIPs agreement has functioned well and that statements concerning non-compliance are overstated, even though the agreement can be made more effective. She noted that scores of countries have amended...
Panel II B: General Agreement on Trade in Services (Gats): Presentation Summary and Comments
Peter Collins: Collins began by noting that the services sector is typically undervalued in terms of its contribution to the U.S. economy. The United States is, by far, the largest exporter of services with $246 million in annual private sector exports....
Panel II C: Agreement on Agriculture: Presentation Summary and Comments
Tom Sell: Sell began by noting that the Uruguay Round set ground-breaking precedent in terms of bringing agriculture under multilateral disciplines. He stated that there is, and will continue to be, significant pressure on U.S. policymakers to show...
Panel II D: Agreement on Technical Barriers to Trade (Tbt) and Agreement on the Application of Sanitary and Phytosanitary Measures (Sps): Presentation Summary and Comments
John Richardson: Richardson stated that, overall, the SPS has been a good agreement and implementation has been satisfactory. However, the SPS agreement is at the cutting edge of both domestic non-trade laws and international trade rules, and the WTO...
Panel II E: Antidumping Agreement (Ad) and Agreement on Subsidies and Countervailing Measures (Scm): Presentation Summary and Comments
Peter Lichtenbaum: Lichtenbaum noted the importance of evaluating post-Uruguay Round implementation of the anti-dumping and countervailing duty agreements, and said that these issues should be distinguished from the changes that were made in the implementation...
Panel III A: Operation of the WTO and U.S. Policy Environmental Objectives: Presentation Summary and Comments
Debbie Lamb: Lamb emphasized that, other than dispute settlement, the issue of trade and the environment requires more work than any other area under the WTO at this time. The critical question is whether the WTO can agree on the issues and then achieve...
Panel III B: Operation of the WTO Agreements in the Context of Varying Types of National Regulatory Systems: Presentation Summary and Comments
Question and Answer Summary: The panel was first asked whether the WTO panel correctly decided the Japan--Film case. Southwick replied that the panel erred, not because it made many errors of law, but because it made many errors on the facts, especially...
Part Iv: Dialogue of the Deputies: Presentation Summary and Comments
Question and Answer Summary: The moderator asked the panel if, with China on the verge of joining the WTO, a rather ambitious agenda already in place, and a booming economy with technological change outpacing most bureaucrats, another round is needed....
Post-Seattle Round Administration Briefing: Presentation Summary and Comments
AMBASSADOR SUSAN ESSERMAN, DEPUTY U.S. TRADE REPRESENTATIVE Ambassador Esserman opened her comments by describing the benefits that the United States has experienced as a result of its participation in the WTO over the past five years. The growth...
Public, Private, and Hybrid Public/private Restraints of Trade: What Role for the WTO?
It is a pleasure to participate in this important discussion of the World Trade Organization and the evolution of the world trading system. The survey paper by James Southwick on market access barriers in Japan was very good.(1) The economic landscape...
Review of the Dispute Settlement Understanding: Operation of Panels
I. INTRODUCTION Addressing perceived shortcomings in the General Agreement on Tariffs and Trade (GATT)(1) dispute settlement system was a major objective of the United States and many other nations during the Uruguay Round of trade negotiations...
Role of the WTO in Furthering U.S. Trade Policy Objectives
Alan Wolff's paper(1) presents a thoughtful examination of the question of whether the World Trade Organization furthers the trade policy objectives of the United States. Wolff's paper is certainly timely and important. In the aftermath of the Seattle...
Science and the WTO
Since 1947, life expectancy around the world has increased more than fifty percent(1)--one of the best crude indicators of human health and nutrition. The world's population has doubled and we are now capable of feeding it better than ever in history....
The Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade
I. NATURE OF THE AGREEMENTS The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the Agreement on Technical Barriers to Trade (TBT Agreement) are, in many ways, related accords. Both agreements recognize...
The First Five Years of the WTO: General Agreement on Trade in Services
I. INTRODUCTION It now seems clear that Congress showed some prescience in the process of enacting objectives for the Uruguay Round, which began in 1982. At that time, "services" accounted for about seventy percent of the U.S. economy, but the fear...
The Process and Procedure of Litigating at the World Trade Organization: A Review of the Work of the Appellate Body
I. INTRODUCTION During its first five years of existence, and particularly during the past two years, the Appellate Body has faced a growing caseload and has developed case law on a wide variety of procedural and substantive issues. As time passes,...
The Uruguay Round Agreement on Agriculture
The Uruguay Round Agreement on Agriculture (URAA) broke new ground by applying disciplines to practices that had never been subject to effective international restraints. The scope of its policy and commodity coverage substantially exceeded that of...
The WTO Antidumping and Subsidies Agreements: Did the United States Achieve Its Objectives during the Uruguay Round?
I. INTRODUCTION The World Trade Organization (WTO) has radically changed the nature of international trade regulation in just five years. In scrapping the diplomatic model of the General Agreement on Tariffs and Trade(1) (GATT 1947) for the rules-based...
The WTO Dispute Settlement Implementation Procedures: A System in Need of Reform
I. OVERVIEW When the World Trade Organization (WTO) Agreement was signed in Marrakesh in 1994, its new procedures for implementing dispute settlement rulings were widely praised as a decisive improvement over the procedures codified and practiced...
The WTO Dispute Settlement System: Prospects for Reform
I. INTRODUCTION Whether as a result of the Dispute Settlement Understanding (DSU) Review in Geneva or the protests on the streets of Seattle, the World Trade Organization's (WTO) dispute settlement system has lately become the subject of a great...
The WTO's Interpretation of the SPS Agreement Has Undermined the Right of Governments to Establish Appropriate Levels of Protection against Risk
The preamble to the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) explicitly recognizes the right of each government to establish its own appropriate level of protection against risk.(1) Although there is no debate that the SPS Agreement...
Trade and Environment: What Conflict?
I. INTRODUCTION Many of the bonfires and much of the broken glass in Seattle were due to the alleged hostility of the WTO to environmental protection. I will discuss the top four criticisms: II. THE WTO NEEDS TO INCORPORATE ENVIRONMENTAL CONSIDERATIONS...
Transparency in WTO Dispute Resolution
John Ragosta's analysis of the World Trade Organization (WTO) dispute resolution system is thoughtful, and refreshingly candid.(1) Many of his recommendations for repair have merit. Indeed, many of the repairs Ragosta proposes--and some major ones...
TRIPS Copyright Dispute Settlement after the Transition and Moratorium: Nonviolation and Situation Complaints against Developing Countries
I. INTRODUCTION: PRELUDE TO TRADE WAR January 1, 2000 inaugurated open season on developing countries in the World Trade Organization (WTO). Under the Uruguay Round Multilateral Agreement on Trade-Related Aspects of Intellectual Property Rights,...
Unmasking the WTO - Access to the DSB System: Can the WTO DSB Live Up to the Moniker "World Trade Court"?
I. INTRODUCTION The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) has been lionized by government officials, academics, and practitioners as the single most important development in the post-World War II trading regime.(1)...