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This book critically analyses the World Trade Organization’s approach to "special and differential treatment" (SDT) to argue that it is founded on seeking exemptions from WTO obligations, instead of creating an enabling environment for developing countries to integrate fully into the multilateral trading system. Through six key sections: United States Proposal on Special and Differential Treatment Responses to United States Proposal The Evolution of Differential Treatment Failure of the Current Approach to Differential Treatment Complications Created by China’s Emergence in the Global Economy An Alternative Approach to Differential Treatment this book explores how, by adopting a new evidence-based, case-by-case approach to SDT, the development of the poorest countries can best be advanced, while at the same time ensuring that advanced developing countries carry their weight in the organization. It will be of interest to scholars and students of international trade law and political science, as well as trade practitioners such as lawyers, diplomats, and analysts.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In light of the many significant recent changes to the global order, The Unmaking of Special Rights explores an often-forgotten aspect of this arrangement: special rights for developing countries. This book analyzes when and how special rights for developing countries have evolved in the context of global power shifts.
This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
Rising powers such as Brazil, China, India, Russia, and Turkey are increasingly claiming heightened profiles in international politics. Although differing in other respects, rising states have a strong desire for recognition and respect. This pioneering volume on status features contributions that develop propositions on status concerns and illustrate them with case studies and aggregate data analysis. Four cases are examined in depth: the United States (how it accommodates rising powers through hierarchy), Russia (the influence of status concerns on its foreign policy), China (how Beijing signals its status aspirations), and India (which has long sought major power status). The authors analyze status from a variety of theoretical perspectives and tackle questions such as: How do states signal their status claims? How are such signals perceived by the leading states? Will these status concerns lead to conflict, or is peaceful adjustment possible?
Global value chains (GVCs) powered the surge of international trade after 1990 and now account for almost half of all trade. This shift enabled an unprecedented economic convergence: poor countries grew rapidly and began to catch up with richer countries. Since the 2008 global financial crisis, however, the growth of trade has been sluggish and the expansion of GVCs has stalled. Meanwhile, serious threats have emerged to the model of trade-led growth. New technologies could draw production closer to the consumer and reduce the demand for labor. And trade conflicts among large countries could lead to a retrenchment or a segmentation of GVCs. World Development Report 2020: Trading for Development in the Age of Global Value Chains examines whether there is still a path to development through GVCs and trade. It concludes that technological change is, at this stage, more a boon than a curse. GVCs can continue to boost growth, create better jobs, and reduce poverty provided that developing countries implement deeper reforms to promote GVC participation; industrial countries pursue open, predictable policies; and all countries revive multilateral cooperation.
Dividing the world in two groups of countries - developed and developing - remains deeply engrained. This bifurcation is increasingly problematic. It has led to deadlock in negotiations and equity concerns. This article traces parallel developments of differential treatment in the trade and environmental regimes. It demonstrates that in both regimes a radical shift is in the making, away from differential treatment for developing countries as a group, and toward individualized differentiation between countries based on objective, issue-specific criteria. The question is less whether China or Russia are developing countries. The challenge is to find criteria to differentiate between countries - both developed and developing - tailored to each negotiation or regime. Half a century after the start of decolonization, this may be the end of differential treatment for developing countries. Yet, ironically, it leads to more (not less) differentiation and though not without risks can make regimes more effective and equitable.