WTO at the Margins :Small States and the Multilateral Trading System

Publication subTitle :Small States and the Multilateral Trading System

Author: Roman Grynberg;  

Publisher: Cambridge University Press‎

Publication year: 2006

E-ISBN: 9781316973028

P-ISBN(Paperback): 9780521861434

P-ISBN(Hardback):  9780521861434

Subject: F731 世界

Keyword: 法律

Language: ENG

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Description

This book aims to document and explain almost ten years of experience of small states with the WTO. How the larger and more powerful members of the WTO address the legitimate concerns of its poorest and most vulnerable members will shape the perception of the institution throughout the century. This book aims to document and explain almost ten years of experience of small states with the WTO. How the larger and more powerful members of the WTO address the legitimate concerns of its poorest and most vulnerable members will shape the perception of the institution throughout the century. This book aims to document and explain almost ten years of experience of small states with the WTO. At a pivotal point in the history of the WTO, when development issues are at the heart of negotiations, how the larger and more powerful members address the legitimate concerns of its poorest and most vulnerable members will shape the perception of the institution throughout the century. This book aims not only to document almost ten years of experience of small states with the WTO but also to explain this experience. It takes an evidential theory approach to explaining the features characteristic to the trade and economic development of small island states. It then highlights the issues of concern to these states in relation to negotiations at the WTO. The experience of the African Caribbean and Pacific (ACP) countries with the WTO dispute settlement mechanism is discussed, and the book ends with a discussion of key negotiating issues for the island states and institutional arrangements to facilitate reform. Introduction Roman Grynberg; Part I. Theory and Evidence: 1. A theory of trade and development of small vulnerable states Roman Grynberg; 2. Small countries: a survey of the literature Michael Weatherhead; 3. When comparative advantage doesn't matter: business costs in small economies L. Alan Winters and Pedro M. G. Martins; 4. Can small states compete in manufacturing? Ganeshan Wignaraja and David Joiner; 5. The economics of isolation and distance Stephen Redding and Anthony J. Venables; 6. The trade performance of small states Roman Grynberg and Mohammad A. Razzaque; 7. Small economies and special and differential treatment: strengthening the evidence and countering the fallacies Virginia Horscroft; Part II. WTO and Small Economies: 8. Small vulnerable economy issues and the WTO Roman Grynberg and Jan Yves Remy; 9. Special and differential treatment for small developing economies Richard L. Bernal; 10. A study of alternative special and differential arrangements for small economies Michael Davenport; Part III. WTO Dispute Settlement: A. Banana Dispute: 11. Small states in the banana dispute Edwin Laurent; 12. Impact of changes in the European Union's policy for banana imports on the Eastern Caribbean Region (1992–2002) Claudius Preville; 13. Jamaica and the case in the WTO against the European Communities' regime for the importation, sale and distribution of bananas (1992–2001) Marcia Thomas; B. Sugar Dispute: 14. WTO complaints by Australia and Brazil regarding the EU sugar regime Stephen J. Orava and Carol C. George; 15. Reform of EU export subsidies on sugar: the legal and economic implications for the ACP countries Chris Milner, Wyn Morgan and Evious Zgovu; C. Miscellaneous: 16. Analysis of the impact of opening up the EU import market for canned tuna on ACP countries Elizabeth Bennett, Helene Rey-Valette and Zhen Kun Wang; Part IV. Negotiating Is

Chapter

2.3.4.2 Fundamentals

2.3.4.3 Sectors

2.3.4.4 Convergence

2.3.5 Income level and size regression findings

2.3.6 Behind the income results: preferential arrangements

2.4 Conclusions and policy implications

2.4.1 Sectoral focus

2.4.2 Openness

2.4.3 EPZs and a heterodox trade strategy: the example of Mauritius

2.4.4 Integration

Appendix 2.1 Annotated bibliography

Armstrong and Read (1995)

Armstrong, De Kervenoael and Read (1998)

Armstrong and Johnes (1993)

Atkins,Mazi and Easter (2001)

Banerji (1978)

Bhaduri,Mukhedi and Sengupta (1982)

Briguglio (1995)

Cashin and Loayza (1995)

Codrington (1989)

Easterly and Kraay (2001)

Gutierrez (1996)

Khalaf (1979)

Khatkhate and Short (1980)

Kuznets (1960)

Kwan and Beladi (1993)

Milner and Westaway (1993)

Ramey and Ramey (1995)

Romer (1986)

Srinivasan (1986)

Venables and Redding (2001)

Bibliography

3 When comparative advantage doesn’t matter: business costs in small economies

3.1 Background

3.2 The approach

3.3 The business cost data

3.4 The regressions results

3.5 The disadvantages of smallness: cost inflation factors and income penalties

3.6 Policy conclusion

References

4 Can small states compete in manufacturing?

4.1 Introduction

4.2 Current benchmarking initiatives and their appropriateness for small states

4.3 A small-states specific competitiveness index

4.3.1 Country-level findings

4.3.2 Findings by region, income group and country size

4.3.3 Comparison of results with other indices

4.4 Explaining industrial competitiveness performance

4.4.1 T-test and variables

4.4.2 The t-test results

4.5 Conclusions

Appendix 4.1 Construction of the SSMECI

Data definitions and sources

Definition of ‘manufacturing’

Definition of small states and countries used

Data sources

Construction of the SSMECI

Indexing the variables

Weighting the indices

References

5 The economics of isolation and distance

5.1 The direct costs of distance

5.1.1 Distance and economic interactions

5.1.2 The magnitude of shipping costs

5.1.3 Determinations of shipping costs

5.1.4 Landlocked countries

5.1.5 The costs of time in transit

5.2 Remoteness and real income

5.2.1 Quantifying the effects

5.3 New technologies: the death of distance?

5.3.1 Weightless inputs and outputs

5.3.2 ICT and the costs of remote management

5.3.3 The speeding up of production

5.3.4 Clustering still matters

5.4 Conclusions

6 The trade performance of small states

6.1 Introduction

6.2 Small states in world trade: volume, growth rate and share

6.2.1 Trade in merchandise goods

6.2.2 Exports of commercial services

6.2.3 Total export (merchandise plus commercial services) trade

6.2.4 Total trade transactions

6.3 Performance of individual countries

6.3.1 Long-term trends

6.3.2 Recent performance of individual countries

6.4 Why is marginalisation of small states a cause for concern?

6.5 Marginalisation in merchandise export trade: a statistical analysis

6.5.1 Understanding marginalisation

6.5.2 A simple model of marginalisation of small states

6.5.3 Data

6.5.4 Empirical estimation of the model

6.5.4.1 Tests for unit roots and cointegration

6.5.4.2 Testing the variables for unit roots

6.5.4.3 Estimation strategy

6.5.4.4 Test for existence of a long-run relationship

6.5.4.5 Estimating the long-run relationship

6.5.4.6 Short-run dynamics

6.6 Implications for long-term trade and development of small states and concluding remarks

References

7 Small economies and special and differential treatment: strengthening the evidence, countering the fallacies

7.1 Introduction

7.2 The costs of being small

7.3 The costs of vulnerability

7.3.1 Vulnerability to external economic shocks

7.3.2 Vulnerability to natural disasters

7.4 The costs of governance

7.5 Characteristics in combination

7.6 The limits of regionalism

7.7 Being ill-equipped to benefit from globalisation

7.8 Being vulnerable to harm from globalisation

7.9 Small economies’ predicament as a trade concern

7.10 The feasibility of favourable treatment for small economies

7.11 Small states, negotiating weaknesses

7.12 Conclusion

References

PART II WTO and small economies

8 Small vulnerable economy issues and the WTO

8.1 Introduction

8.2 Small states, globalisation and the WTO

8.3 WTO precedents on sub-categorisation of Members, including small economies

8.4 A small matter of definition

8.5 Small economy issues in the dedicated sessions of the WTO

8.6 Conclusion

9 Special and differential treatment for small developing economies

9.1 Introduction

9.2 Why SDT for small developing economies?

9.3 Evolution and status of special and differential treatment

9.4 Debate over the efficacy of SDT

9.5 Characteristics of small developing economies

9.5.1 Acute vulnerability

9.5.1.1 High degree of openness

9.5.1.2 Export concentration

9.5.1.3 Export market concentration

9.5.1.4 Export marketing monopoly

9.5.1.5 Acuteness

9.5.2 Imperfect markets

9.5.3 Small size of firms

9.5.4 Dependence on trade taxes

9.5.5 Limited institutional capacity

9.6 Implications of small size

9.6.1 Volatility

9.6.2 Sub-optimal resource use, allocation and mobilisation

9.6.3 Constrained international competitiveness

9.6.4 Disarticulated adjustment capacity

9.7 Special and differential treatment for small developing economies

9.7.1 Guiding principles

9.7.2 Specific measures

9.7.2.1 Differentiated obligations

9.7.2.2 Asymmetrically phased implementation

9.7.2.3 Exemptions from commitments in certain areas

9.7.2.4 Flexibility in application and adherence of disciplines under prescribed circumstances

9.7.2.5 Temporary suspension of obligations in prescribed circumstances

9.7.2.6 Development promoting policy

9.7.2.7 Technical assistance and training

9.7.2.8 Enabling access to mediation

9.7.2.9 Development funding for implementation and trade capacity-building

9.8 How SDT addresses the characteristics and problems of SDEs

9.9 Identification of small developing economies

9.10 The way forward

9.10.1 Differentiated treatment

9.10.2 Implementation, adjustment and graduation

9.11 Conclusions

10 A study of alternative special and differential arrangements for small economies

10.1 Introduction

10.2 Background

10.3 The use of ‘objective’ variables

10.4 Analysis by sector

10.5 Line-by-line analysis

10.6 Conclusions

Appendix 10.1

Appendix 10.2 Cluster and discriminant analysis

Appendix 10.3 Results of line-by-line de minimis analysis

Appendix 10.4 Notes on data sources

Bibliography

PART III WTO dispute settlement

11 Small states in the banana dispute: implications of EU reforms for Eastern Caribbean islands and lessons for the future

11.1 Introduction

11.1.1 What was the dispute?

11.1.2 Why was there a problem?

11.1.3 Prelude to battle

11.1.3.1 The first phase of the banana wars

11.1.3.2 The early challenges

11.1.4 Resolution of the dispute and subsequent reforms

11.1.5 The breakthrough

11.1.6 The Agreement

11.1.7 Impact of the changes

11.1.8 2004 – Enlargement

11.1.9 How is the Caribbean adapting?

11.2 Subsequent challenges

11.2.1 2006 – Abolition of the quota system

11.2.2 2008 – End of the Cotonou trade preferences

11.3 Lessons to be learned

11.3.1 Implications of the banana challenge for other commodity protocols and preferences

11.3.2 Strategy and tactics

11.3.3 Other systemic lessons

11.4 Conclusion

12 Impact of changes in the European Union’s policy for banana imports on the Eastern Caribbean Region (1992–2002)

12.1 Introduction

12.2 Economic importance of banana exports in the Eastern Caribbean

12.2.1 Contribution to real GDP

12.2.2 Contribution to employment

12.2.3 Contribution to the current account of the BOP

12.3 Social importance of banana exports in the Eastern Caribbean

12.4 WTO proceedings against the EU banana regime

12.5 Changes to the EU regime for banana imports prior to and since the WTO ruling

12.6 Extent of decline of the Eastern Caribbean region’s banana industry

12.7 Impact of industry decline on the Windward Islands export revenue

12.8 Impact of industry decline on individual countries and the OECS region

12.8.1 Impact of industrial decline on economic growth

12.8.2 Impact on the current account of the BOP

12.8.3 Impact on (un)employment

12.9 Economic and social outlook for the OECS economies (2004–2006)

12.9.1 Economic outlook

12.9.2 Social outlook

12.10 Conclusions

References

13 Jamaica and the case in the WTO against the European Communities regime for the importation, sale and distribution of bananas, 1992–2001

13.1 Background

13.2 The GATT Banana Panels 1992–19946

13.3 The banana dispute in the WTO

13.4 Jamaica and other Caribbean countries seeking to protect their interests

13.5 Testing the WTO dispute settlement mechanism

13.6 The quest for a WTO-consistent banana regime

13.7 The new banana regime (EC Regulation 896/2001)

13.8 The banana dispute and the negotiations for a new Partnership Agreement between the ACP and the EU (the Cotonou Agreement)

13.9 The request for a waiver in the WTO’s Council for Trade in Goods

13.10 Breaking the waiver deadlock at the Doha Ministerial Conference

13.11 The impact of the banana dispute on Jamaica’s banana industry

Reference sources

14 WTO complaints by Australia and Brazil regarding the EU sugar regime

14.1 Introduction

14.2 The EU Common Market Organisation for sugar

14.2.1 General structure

14.2.2 Quota scheme

14.2.3 Prices

14.2.4 Export and production refunds

14.2.5 Production levies

14.2.6 Preferential import programme

14.3 Basis for WTO complaints

14.3.1 Export subsidies in excess of commitments

14.3.1.1 SCM Agreement

14.3.1.2 Agriculture Agreement

14.3.1.3 Conclusion

14.3.2 Intervention price constitutes a national treatment violation

14.4 Policy arguments in support of complaints

14.5 Impact on ACP countries

14.6 Third party participation in WTO proceedings

14.6.1 Joining consultations

14.6.2 Third-party participation before a panel and/or the Appellate Body

14.7 Conclusion

15 Reform of EU export subsidies on sugar: the legal and economic implications for the ACP countries

15.1 Introduction

15.2 The EU sugar regime

15.2.1 Implications of the sugar regime

15.3 Impact of current EU sugar regime on Sugar Protocol countries

15.4 The impact of EU policy regime on EU and world prices

15.4.1 The impact of an import tariff

15.4.2 The impact of a unit export refund

15.4.3 Evaluation of policy reforms

15.5 Impact of reduction of EU export subsidies on ACP countries

15.5.1 Current WTO case

15.5.2 Other wider reforms

15.5.3 Alternative simulated reform effects on Sugar Protocol exporters

15.5.4 Alternative perspectives: effects on non-protocol ACP sugar exporters and importers

15.6 Conclusions

Bibliography

16 Analysis of the impact of opening up the EU import market for canned tuna on ACP countries

16.1 Introduction: background to the WTO decision

16.2 The European market for tuna

16.3 Case study 1: Senegal

16.3.1 Development of the sector

16.3.2 Key features of the canning industry

16.3.3 Role of tuna in the export market

16.3.4 Key constraints facing the industry

16.4 Case study 2: Ghana

16.4.1 Development of the sector

16.4.2 Key features of the canning industry

16.4.3 Role of tuna in the export sector

16.4.4 Key constraints facing the industry

16.5 Case study 3:Mauritius

16.5.1 Development of the sector

16.5.2 Structure of the canning sector

16.5.3 Role of tuna in the export sector

16.5.4 Key constraints facing the industry

16.6 Case study 4: The Seychelles

16.6.1 Development of the sector

16.6.2 Structure of the canning sector

16.6.3 Role of tuna in export sector

16.6.4 Key constraints facing the industry

16.7 Summary of case studies

16.8 Potential and actual impacts of opening the European market to Asian canned tuna

16.8.1 Senegal

16.8.2 Ghana

16.8.3 Mauritius

16.8.4 Seychelles

16.8.5 Europe

16.9 Next steps

16.10 Conclusions

References

PART IV Negotiating issues and institutional arrangements

17 WTO fisheries subsidies negotiations: implications for ACP fisheries access arrangements and sustainable management

17.1 Introduction

17.2 Existing economic theory and empirical evidence on subsidies

17.3 Existing WTO rules on subsidies

17.4 The post-Doha fisheries negotiations and the concerns of developing coastal states

17.4.1 The negotiations

17.4.2 The concerns of small vulnerable coastal states

17.4.2.1 Revenue generation from access fees

17.4.2.2 Domestic and foreign fishers operating for export in the EEZ and territorial sea to supply canneries, loining facilities and domestic processing facilities

17.4.2.3 Artisanal fisheries for export and domestic markets

17.5 Fisheries subsidies disciplines: the case of Pacific ACP fisheries access arrangements

17.5.1 Fisheries access arrangements with the USA

17.5.2 EU fisheries partnership agreements

17.5.3 Japan, Korea and Taiwan

17.5.4 Revenue estimates from Pacific ACP access arrangements

17.6 Implications of WTO disciplines on fisheries subsidies

18 Plurilateral financial standards and their regulation: the experience of small developing states

18.1 Introduction

Part I 18.2 Overview of characteristics of the standard-setting bodies

18.3 Small developing states’ experiences with standard-setting bodies

18.3.1 Membership and participation

18.3.1.1 The OECD

18.3.1.2 FATF

18.3.1.3 The Basel Committee

18.4 Effective implementation: obstacles and impacts

18.4.1 The OECD

18.4.2 FATF

18.4.3 The Basel Committee

18.5 Assessment, compliance and small developing states

18.5.1 The OECD

18.5.2 FATF

18.5.3 The Basel Committee

Part II 18.6 Financial services in the WTO

18.6.1 Background to domestic regulation at the WTO

18.6.2 Domestic regulation: GATS Article VI(4) and (5) and Article (2)(a) of the FSA

18.6.3 International standardisation and harmonisation

18.7 Conclusion

Appendix 18.1

Bibliography

19 Export processing zones and the WTO Agreement on Subsidies and Countervailing Measures

19.1 Introduction

19.2 Agreement on Subsidies and Countervailing Measures

19.2.1 Definition of subsidy

19.2.2 Prohibited export subsidies

19.2.3 Some further examples of measures likely to constitute prohibited export subsidies

19.2.4 Actionable subsidies

19.2.5 Some examples of measures likely to constitute actionable subsidies

19.2.6 Non-actionable subsidies

19.2.7 Notifications

19.2.8 Remedies

19.2.9 What are the main issues for Commonwealth Governments with EPZ?

19.2.9.1 Illegal prohibited export subsidies

19.2.9.2 Illegal local content requirements

19.2.9.3 Introduced prohibited export subsidies

19.2.9.4 Extended time-limits for specific prohibited export subsidies

19.2.9.5 Illegal actionable subsidies

19.2.9.6 Failure to notify subsidies

19.2.9.7 New round of negotiations

20 The accession of Vanuatu to the WTO: lessons for the multilateral trading system

20.1 Introduction

20.2 The Vanuatu economy

20.3 The process of accession

20.3.1 Systemic and protocol issues: from WTO to ‘WTO plus’

20.3.1.1 The trade regime

20.3.1.2 The investment regime

20.3.1.3 Other protocol issues

20.3.2 Bilateral issues: goods o.er and service commitments

20.3.2.1 The goods offer

20.3.2.2 Service sector commitments

20.3.2.3 Bilateral negotiations

20.4 Conclusion

20.5 Epilogue

INDEX

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