The Regulation of International Trade, Volume 2: The WTO Agreements on Trade in Goods (Mit Press)

A detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. Each chapter examines a given legal norm and its subsequent practice. In particular, he discusses agreements dealing with customs clearance; “contingent protection” instruments, which allow WTO members unilaterally to add to the negotiated amount of protection when a certain contingency (for example, dumping) has occurred; TBT (Technical Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures) agreements, both of which deal with such domestic instruments as environmental, health policy, or consumer information; the agreement on Trade Related Investment Measures (TRIM); sector-specific agreements on agriculture and textiles; plurilateral agreements (binding a subset of WTO membership) on government procurement and civil aviation; and transparency in trade relations. This book's companion volume examines the GATT regime for international trade. Contents 8 Preface 36 Introduction 38 1 Annex 1A Agreements Dealing with Customs Procedures 42 1.1 Clearing Goods through Customs 42 1.2 ILA 42 1.3 CVA 61 1.4 The Agreement on Preshipment Inspection (PSI) 73 1.5 Trade Facilitation 83 1.6 Concluding Remarks 101 2 Antidumping 104 2.1 The Legal Discipline and Its Rationale 104 2.2 The Relationship with GATT 112 2.3 Calculating the Dumping Margin 112 2.4 Injury Analysis 131 2.5 The Causality Requirement 145 2.6 Imposing Antidumping Duties 148 2.7 Administrative Review of AD Duties 160 2.8 Sunset Reviews 165 2.9 Duties Can Be Imposed Only Following Investigation 175 2.10 Special and Differential Treatment 203 2.11 The Standard of Review by WTO Adjudicating Bodies 204 2.12 Remedies against Illegally Imposed AD Duties 211 2.13 Institutional Issues 212 2.14 Is Dumping Unfair? 212 2.15 Concluding Remarks 221 3 Subsidies 222 3.1 The Legal Discipline and Its Rationale 222 3.2 The Relationship with GATT 233 3.3 Defining a Subsidy 237 3.4 Three Categories of Subsidies 285 3.5 Actionable Subsidies 286 3.6 Nonactionable Subsidies 299 3.7 Prohibited Subsidies 304 3.8 CVDs: Substantive Requirements 315 3.9 CVDs: Procedural Requirements 332 3.10 Administrative Reviews 342 3.11 Sunset Reviews 344 3.12 Special and Differential Treatment for Developing Countries 346 3.13 The Standard of Review Applied by WTO Adjudicating Bodies 347 3.14 Fisheries Subsidies 347 3.15 Institutional Issues 348 3.16 Concluding Remarks 348 4 Safeguards 350 4.1 The Legal Discipline and Its Rationale 350 4.2 The Legal Relationship with GATT 355 4.3 The Road to the SG Agreement 359 4.4 The Right to Safeguard Action 364 4.5 Applying Safeguards 393 4.6 Procedural Requirements 400 4.7 Special Safeguard Regime with Respect to China 405 4.8 Special and Differential Treatment for Developing Countries 410 4.9 Standard of Review 410 4.10 Institutions 411 4.11 Concluding Remarks 411 5 Technical Barriers to Trade 414 5.1 The Legal Discipline and Its Rationale 414 5.2 The Relationship with GATT 424 5.3 Coverage 425 5.4 International Standards 436 5.5 Technical Regulations 447 5.6 Standards 468 5.7 Conformity Assessment 470 5.8 Special and Differential Treatment for Developing Countries 476 5.9 Institutional Issues 478 5.10 Concluding Remarks 481 6 Sanitary and Phytosanitary Measures 492 6.1 The Legal Discipline and Its Rationale 492 6.2 The Relationship with GATT and the Other Annex 1A Agreements 497 6.3 Coverage 498 6.4 International Standards 503 6.5 Unilateral Measures Must Be Based on Science 508 6.6 Measures Based on Precaution 520 6.7 Measures Must Be Applied in a Nondiscriminatory Way 525 6.8 Measures Must Be Necessary 529 6.9 Consistency 532 6.10 Special and Differential Treatment 537 6.11 Transparency 538 6.12 Standard of Review 94 539 6.13 Institutional Issues 539 6.14 Concluding Remarks 547 7 Trade-Related Investment Measures (TRIMs) 550 7.1 The Legal Discipline and Its Rationale 550 7.2 The Relationship with GATT and the Other Annex 1A Agreements 554 7.3 Trade and Investment 557 7.4 The TRIMs Agreement 564 7.5 Institutions 569 7.6 Review of the Agreement 569 7.7 Concluding Remarks 569 8 Agreement on Agriculture 572 8.1 The Legal Discipline and Its Rationale 572 8.2 The Relationship with GATT and the Other Annex 1A Agreements 575 8.3 The Road to the AG Agreement 581 8.4 Product Coverage and Schedules of Concessions 595 8.5 Border Measures 597 8.6 Domestic Support 607 8.7 Export Subsidies 620 8.8 Minimum Access Requirements 629 8.9 Due Restraint (Peace Clause) 630 8.10 Public Stockholding for Food-Security Purposes 631 8.11 Special and Differential Treatment 635 8.12 Transparency 639 8.13 Institutional Issues 640 8.14 Concluding Remarks 640 9 Agreement on Textiles and Clothing 644 9.1 The Legal Discipline and Its Rationale 644 9.2 The Relationship with GATT 646 9.3 The Road to the ATC 646 9.4 ATC 649 9.5 Concluding Remarks 656 10 Government Procurement 658 10.1 The Legal Discipline and Its Rationale 658 10.2 The Relationship with GATT 661 10.3 Government Procurement: A Multifaceted Instrument 663 10.4 The Scope of the GPA 668 10.5 The Obligations Assumed 673 10.6 Procurement Methods 678 10.7 Transparency 686 10.8 Special and Differential Treatment 689 10.9 Enforcing the GPA 691 10.10 The Work Programmes 696 10.11 Institutional Issues 697 10.12 Concluding Remarks 697 11 The Civil Aviation Agreement 700 11.1 The Legal Discipline and Its Rationale 700 11.2 The Relationship with the GATT and Annex 1A Agreements 704 11.3 Membership 705 11.4 Product Coverage 705 11.5 Elimination of Customs Duties 706 11.6 Disciplines on Subsidies 707 11.7 Other Obligations 707 11.8 Institutions 708 11.9 Concluding Remarks 708 12 Transparency 710 12.1 The Legal Discipline and Its Rationale 710 12.2 Article X of GATT 715 12.3 The Trade Policy Review Mechanism (TPRM) 729 12.4 Into the Great Wide Open: Transparency Unlimited 731 Notes 738 References 832 Index 864 Présentation de l'éditeur : "The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. Each chapter examines a given legal norm and its subsequent practice. In particular, he discusses agreements dealing with customs clearance; "contingent protection" instruments, which allow WTO members unilaterally to add to the negotiated amount of protection when a certain contingency (for example, dumping) has occurred; TBT (Technical Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures) agreements, both of which deal with such domestic instruments as environmental, health policy, or consumer information; the agreement on Trade Related Investment Measures (TRIM); sector-specific agreements on agriculture and textiles; plurilateral agreements (binding a subset of WTO membership) on government procurement and civil aviation; and transparency in trade relations. This book's companion volume examines the GATT regime for international trade." The General Agreement On Tariffs And Trade (gatt) Has Extended Its Institutional Arsenal Since The Kennedy Round In The Early 1960s. The Current Institutional Design Is The Outcome Of The Uruguay Round And Agreements Reached In The Ongoing Doha Round (begun In 2001). One Of The Institutional Outgrowths Of Gatt Is The World Trade Organization (wt0), Created In 1995. In This Book, Petros Mavroidis Offers A Detailed Examination Of Wto Agreements Regulating Trade In Goods, Discussing Legal Context, Policy Background, Economic Rationale, And Case Law.--publisher's Description. Volume 1. Gatt -- Volume 2. Wto Agreements On Trade In Goods. Petros C. Mavroidis. Includes Bibliographical References And Index.