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This publication highlights how the WTO’s Agreements on Technical Barriers to Trade (TBT) and on the Application of Sanitary and Phytosanitary Measures (SPS) and the work of their related Committees promote opportunities for regulatory cooperation among governments and ease trade frictions. It demonstrates how members’ notification of draft measures, harmonisation of measures with international standards, discussion of specific trade concerns and other practices help to facilitate global trade in goods. The study also makes recommendations on how to benefit further from the transparency and cooperation opportunities provided by the TBT and SPS Agreements.
The WTO plays an important role in supporting efforts to achieve international regulatory cooperation (IRC) and to facilitate trade. First, the WTO provides a multilateral framework for trade among its 164 members, with a view to ensuring that trade flows as smoothly, predictably and freely as possible. Second, the WTO’s Agreements provide important legal disciplines, helping to promote good regulatory practice and IRC at the domestic level as a means of reducing unnecessary barriers to trade. This publication highlights how the WTO’s Agreements on Technical Barriers to Trade (TBT) and on the Application of Sanitary and Phytosanitary Measures (SPS) and the work of their related Committees promote opportunities for regulatory cooperation among governments and ease trade frictions. It demonstrates how members’ notification of draft measures, harmonisation of measures with international standards, discussion of specific trade concerns and other practices help to facilitate global trade in goods. The study also makes recommendations on how to benefit further from the transparency and cooperation opportunities provided by the TBT and SPS Agreements.
This paper discusses what could be done to expand services trade and investment through a multilateral agreement in the World Trade Organization. A distinction is made between market access liberalization and the regulatory preconditions for benefiting from market opening. The authors argue that prospects for multilateral services liberalization would be enhanced by making national treatment the objective of World Trade Organization services negotiations, thereby clarifying the scope of World Trade Organization commitments for regulators. Moreover, liberalization by smaller and poorer members of the World Trade Organization would be facilitated by complementary actions to strengthen regulatory capacity. If pursued as part of the operationalization of the World Trade Organization's 2006 Aid for Trade taskforce report, the World Trade Organization could become more relevant in promoting not just services liberalization but, more importantly, domestic reforms of services policies.
Globally, greater integration in international trade and global value chains (GVCs) has been linked to increased GDP per capita and productivity. Latin American and Caribbean (LAC) countries have displayed limited trade openness and weak integration into GVCs. Their trade is roughly one-third of GDP on average, compared with one-half in countries in Europe and Central Asia, as well as East Asia and the Pacific—and that share has not grown since 2000. Although the gaps between potential and actual GVC integration are the result of economic fundamentals—such as geography, market size, institutions, and factor endowments—policy choices matter as well. The region has untapped potential in trade and GVCs to grow in the wake of COVID-19 (coronavirus). Deep trade agreements are reciprocal agreements between countries that seek integration of goods, services, and factors’ markets, or deep integration. Drawing on new data and evidence, Deep Trade Agreements: Anchoring Global Value Chains in Latin America and the Caribbean shows that these agreements can drive policy reforms that can help the region overcome some of its disadvantageous fundamentals. Four areas of deep integration—trade facilitation, regulatory cooperation, services, and state support—are priorities to improve the participation of countries in the region in GVC: 1. Facilitating trade can reduce border delays and ease the challenges caused by the remoteness of some countries. 2. Improving regulatory cooperation can help create larger regional markets by reducing the costs of nontariff measures. 3. Opening the service economy can compensate for factor endowment scarcity and facilitate access to skills and technology. 4. Fostering competition and regulating state support and state-owned enterprises can improve the quality of economic institutions. These areas are increasingly important as global trade tensions persist and economies recover from the COVID-19 pandemic. In these times of uncertainty and upheaval, the policy commitments in deep trade agreements can create a more stable institutional environment to promote the ability of countries to participate in GVCs and to reap the benefits of integration. This work is a product of the regional studies program sponsored by the Latin America and the Caribbean Chief Economist’s Office.
This paper advocates changes in the corporate governance of the World Trade Organization (WTO) to reflect the decline in tariffs and other border restraints to commerce and the emerging challenges of advancing freer trade and better regulation cooperation in a world economy dominated by global value chains. Together, these changes form an integration strategy that we refer to as the new WTO Think. This strategy remains rooted in the original rationale of the General Agreement on Trade and Tariffs (GATT) of reducing the negative externalities of unilateral action and solving important international coordination challenges, but is more inclusive of regulators and non-state actors and more flexible and positive in its means. In particular, we advocate that the WTO should embrace the confluence of shared social preferences and trade, where it exists, as a motivation for advancing international regulatory cooperation. The WTO should also multilateralize the important regulatory cooperation occurring in smaller clubs of like-minded countries and better facilitate the use of plurilateral agreements where consensus across all WTO members is not yet possible.
International economic law agreements - including the World Trade Organization (WTO); free trade agreements (FTAs); and bilateral investment treaties (BITs) - can impact regulatory freedom in a number of important ways. Such agreements may include provisions that either mandate or encourage regulatory reform. Reforms may be called for in order to effectuate harmonisation; to facilitate cross-border trade and investment through regulatory cooperation; or merely to comply with newly established international, plurilateral, or bilateral standards. New Zealand's participation in an array of trading arrangements, therefore, has significant implications for the country's regulatory autonomy and ability to effect policy decisions. Trade agreements can impact New Zealand's regulatory options both directly - through provisions in agreements to which New Zealand is a party, and indirectly - as a result of agreements with or between some of New Zealand's trading partners to which New Zealand is not a party. This indirect impact should not be underestimated. This chapter has three objectives: first, to identify the agreements that may impact upon New Zealand's regulatory autonomy, both directly and indirectly (Parts II and III of this paper); second, to use the context of consumer interests to provide specific examples of the ways in which trade agreement commitments affect policymaking options (Part IV); and third to discuss empirical and further research that will be conducted in the next project phase with the aim of measuring the effects trade agreements have on New Zealand's regulatory autonomy in the consumer interests area (Part V). Within the broad category of consumer interests, this project will focus on regulatory regimes that affect food safety/biosecurity; the safety and purchasing of pharmaceuticals and product safety and performance standards.
The growth of digital trade is dependant upon greater interconnectivity across borders. Several countries strive to achieve such interconnectivity and integration in digital trade through international trade agreements. Digital trade integration is a complex, multidimensional process that integrates regulatory structures/policy designs, digital technologies and business processes along the entire global/regional digital value chain. This paper sets out five foundational elements of digital trade integration: reducing digital trade barriers; digital trade facilitation; digital trade regulatory frameworks and digital trust policies; digital development and inclusion; and institutional coordination. It then examines the extent to which Preferential Trade Agreements (PTAs) can or do contribute to digital integration. Some recent PTAs contain ambitious provisions to reduce regulatory barriers in digital trade and facilitate cross-border data flows. However, most PTAs fail to holistically support the five pillars of digital trade integration, and are particularly deficient in supporting digital development and inclusion, incorporating adequate digital trade facilitation measures, and facilitating meaningful international regulatory cooperation. This paper provides various policy recommendations to address such deficiencies. This paper also contains a case study of digital trade integration in the Association of Southeast Asian Nations (ASEAN). It argues that the ASEAN framework currently functions as a weak form of digital trade integration, focusing mainly on political goodwill and high-level cooperation. Although the ASEAN Members are committed to enhancing regulatory cooperation and strengthening their institutions on electronic commerce, the development asymmetry coupled with the conflicting policy preferences of ASEAN Members remains a key obstacle.
This report proposes a definition of trade costs of regulatory divergence and analyses various approaches to addressing them, including unilateral, bilateral and multilateral approaches.