US’ Section 301 Actions: Why They are Illegitimate and Misguided
This research paper examines the US’ Section 301 unilateral actions against China, stemming from the US’ concerns over China’s ambitious industrial policies and its rapid technological advancements. It outlines the accusations of the US regarding China’s conditions for technology transfer and what the US sees as overly intrusive Chinese government involvement in investments. It looks in detail at why the US’ actions are in fact illegitimate and misguided. (more…)
The WTO’s Special and Differential Treatment Negotiations (Paragraph 44)
Paragraph 44 of the 2001 Doha Ministerial Declaration mandates the ‘strengthening’ of Special and Differential Treatment (S&D) provisions in the WTO Agreement, and making them ‘more precise, effective and operational’. This Note tracks the evolution of these negotiations from the start of the Doha Round in 2001 until the Nairobi Ministerial in December 2015. (more…)
The WTO has a 1998 Work Programme on E-commerce. This Work Programme provides for the discussion of trade-related issues relating to electronic commerce to take place in the relevant WTO bodies: the Council for Trade in Services; the Council for Trade in Goods; the Council for TRIPS; and the Committee for Trade and Development. The General Council was envisaged to play a review or oversight role. (more…)
Analysis Of Draft Waiver Decision On Services And Services Suppliers Of LDCs.
This Note is an analysis of the draft waiver decision submitted by the Chairman of the CTS to Ministers for adoption at the 8th Ministerial Conference. This is essentially a waiver from the most-favoured nation treatment clause (Article II. 1) in GATS to allow Members to provide preferential and more favourable treatment to services and services suppliers of LDCs. (more…)
Domestic Regulation of Services Sectors: Analysis of the Draft Negotiation Texts.
This document provides a paragraph by paragraph analysis of the draft domestic regulation texts which are currently being discussed at the WTO’s Working Party on Domestic Regulation (services negotiations).
Legal Analysis of Services and Investment in the Cariforum-EC EPA: Lessons for other Developing Countries.
This Research Paper is a legal analysis of the EC-Cariforum Services and Investment Chapter. It demystifies the many complex technical details in the EPA text and illustrates where this services and investment template goes beyond the WTO’s GATS. The paper highlights implications for other developing countries embarking on similar negotiations with the EU. (more…)
Analysis of the Doha Negotiations and the Functioning Of the World Trade Organization.
This paper discusses the principles and scope of activities of the world trade organization, addresses the imbalances in the existing rules and the problems faced by developing countries. Then it elaborated on various specific issues such as, the “Singapore issues”, labour and environmental standards, the “development issues”, market access negotiations and, at last, its functioning in decision-making system.
The Draft GATS Domestic Regulation Disciplines – Potential Conflicts With Developing Country Regulations.
This Analytical Note updates a 2006 South Centre Analytical Note (SC/AN/TDP/SV/11) ‘The Development Dimension of the GATS Domestic Regulation Negotiations’, which discusses the implications of the GATS Article VI: 4 disciplines on domestic regulation for developing countries. (more…)
Policy Space for Domestic Public Interest Measures Under TRIPS.
This paper examines the scope of policy space available to integrate economic, social and environmental concerns under the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). (more…)