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Journal of World Trade
Journal Prestige (SJR): 0.419

Citation Impact (citeScore): 1
Number of Followers: 19

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ISSN (Print) 1011-6702
Published by Kluwer Law International

[21 journals]

Heterodox Views: What Is Wrong With the WTO and How to Fix It
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  Abstract: The international trade architecture is out-of-date. A consensus among Members is almost impossible to achieve. Tariffs make little sense in an era of global supply chains. The trade system ignores most important environmental, governmental, labour, and human rights challenges. Anti-globalization rhetoric is undermining the international economy and the rules-based trading system. The World Trade Organization (WTO) needs to evolve. The provocative views expressed in this article are designed to stimulate discussion and an eventual dialogue on WTO reform.
  Volume 56 Online ISSN 1011-6702
  PubDate: Mon, 19 Sep 2022 00:01:12 GMT
  Issue No: Vol. 56 (2022)
Means of Influence, the Joint-Decision Trap and Multilevel Trade
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  Abstract: Trade negotiations address issues that are increasingly pertinent to substate governments, leading many to insist on being included in trade negotiations. The increasingly multilevel nature of trade negotiations and the influence of substate governments in the negotiation process is beginning to attract theoretical attention. The Canadian case is interesting here as it allows us to test two recent theories about the role of substate governments in trade negotiations. Canadian provinces are increasingly included in trade negotiations despite the fact that they do not have veto power and the Senate of Canada does not represent their interests. The Canadian case demonstrates that, contrary to the means-of-influence theory, inclusion in the negotiation process is more important than formal constitutional powers. Moreover, contrary to a recent theory that questions the joint-decision trap perspective, in the case of the NAFTA renegotiation, granting veto power to the provinces would likely have been a major problem for Canadian negotiators. This article compares the role Ontario and Québec played in the NAFTA renegotiations with their role in CETA and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) negotiations.
  Volume 56 Online ISSN 1011-6702
  PubDate: Mon, 19 Sep 2022 00:01:12 GMT
  Issue No: Vol. 56 (2022)
Rethinking Coexistence Between Prior Trademarks and Later Geographical
Indications
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  Abstract: The coexistence principle presents a means for resolving the conflict between prior trademarks and later geographical indications (GIs). This principle has been increasingly adopted in several countries due to recent negotiation efforts of the EU that are meant to combat the ‘first in time, first in right’ (‘FITFIR’) principle promoted by the US. This article focuses on three controversial issues raised in the application of the coexistence principle. The World Trade Organization (WTO) Panel Reports in the Australia-EU (DS290) and US-EU (DS174) disputes related to EU Regulation 2081/92 mentioned these issues but left them unresolved, thereby making space for the EU to require trade partners to widen the scope of coexistence between prior trademarks and later GIs in a manner that runs counter to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Furthermore, these unresolved issues led to difficulties in applying the coexistence principle and EU-type coexistence clause adopted in non-EU WTO Members. Based on the findings, this article recommends appropriate methods for implementing the coexistence principle that are consistent with the TRIPS Agreement.
  Volume 56 Online ISSN 1011-6702
  PubDate: Mon, 19 Sep 2022 00:01:12 GMT
  Issue No: Vol. 56 (2022)
The Turn to Safeguard Measures in the Solar Trade War
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  Abstract: The growing energy security and climate change concerns have created a huge demand and global market for renewable energy technologies such as solar panels. The race to capture a share of this lucrative global market and other political economy considerations have inspired a trade war. Much of this war has been fought with and against green industrial policy measures such as subsidies tied to local content requirements (LCRs) and trade remedy instruments such as antidumping and countervailing duties. Safeguard measures are the latest additions to the armoury of trade defence measures in this burgeoning trade war. This article examines the dynamics behind and the implications of the turn to renewable energy safeguards for the global effort to accelerate the development and deployment of renewable energy technologies in light of the recent World Trade Organization (WTO) Panel report on US – Safeguard Measure on PV Products. The article makes three interrelated arguments. First, the WTO jurisprudence on renewable energy support measures and rapidly evolving global value chains in renewable energy technologies helped spur the turn to safeguard measures (SGMs). Second, the seal of approval from the Panel will drive interest in the use of renewable energy safeguards. Third, the increased and unfettered use of safeguard measures is detrimental to the transition towards sustainable energy sources.
  Volume 56 Online ISSN 1011-6702
  PubDate: Mon, 19 Sep 2022 00:01:12 GMT
  Issue No: Vol. 56 (2022)
Playing the Game: The EU’s Proposed Regulation on Foreign Subsidies
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  Abstract: The objective of ‘level playing field’ has become increasingly more present in international trade affairs. The European Union (EU) has recently embarked on a quest to promote and protect the level playing field within and outside the borders of the internal market. The most recent manifestation of this objective is the regulation of foreign subsidies, i.e., subsidies provided by non-EU countries to undertakings operating within the EU. The European Commission issued its proposal for a new Regulation with the goal of tackling distortions to the level playing field caused by foreign subsidies. The present article introduces the major concepts of the Proposal and provides a comparative analysis with EU State Aid law and the WTO Subsidies and Countervailing Measures (SCM) Agreement. Further, it pursues an economic analysis of the anticipated impact of the Proposal with a view of examining whether the Proposal is capable of addressing global distortions caused by foreign subsidies and ensure a level playing field. Lastly, the article examines the compatibility of the Proposal with Article 32.1 of the SCM Agreement.
  Volume 56 Online ISSN 1011-6702
  PubDate: Mon, 19 Sep 2022 00:01:12 GMT
  Issue No: Vol. 56 (2022)
Another Hole in China’s ‘Great Wall of Money’' Conceptualizing
the Involvement of Foreign Investments in the Chinese Non-performing Loans
Market Under the US: China Trade Deal
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  Abstract: In early 2020, the world economy plunged into a major recession due to the Coronavirus disease 2019 (COVID-19) pandemic, and non-performing loans (NPLs) went back on the agenda for banks and regulators in many countries. This is a timely article as it focuses on an attention-drawing regulatory catalyst for changes to the position of foreign investors in the Chinese NPLs disposal market. It uses the Phase One Trade Deal between the United States (US) and China as an opportunity to assess whether or not China is ready to shift towards a new approach for foreign investors trading in the primary NPLs market. Existing studies have been quick to conclude that the US–China Phase One Trade Deal will lead to a policy shift in the Chinese NPLs market through Article 4.5 contained therein. If the US– China Phase One Trade Deal is reviewed in its entirety and if China’s concepts of stability, its state ownership policy and its recent treaty practice are all carefully considered, however, the involvement of foreign investment in the NPLs market may be viewed less optimistically. Using the US–China Phase One Trade Deal as a prism, it can be seen that bilateralism in trade policy may have its own limitations. China’s perception of and policy towards international institutions and regimes show its willingness to integrate into the existing multilateral trade order even though its policy is still obscure and hesitant. Washington should be prepared to soften its decoupling stance to promote cooperation and coordination of the two countries in multilateral institutions.
  Volume 56 Online ISSN 1011-6702
  PubDate: Mon, 19 Sep 2022 00:01:12 GMT
  Issue No: Vol. 56 (2022)
EU’s ‘Distorted Economy’ Antidumping Approach Towards China:
Improvement of Legal Certainty or New Legal Distortions': Some Overall
Observations
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  Abstract: In 2017, the EU introduced the ‘distorted economy’ rules in EU antidumping law. The new rules target in particular China. The question is whether the new rules and their application by the Commission provide an improvement of legal certainty for Chinese exporters and EU importers compared to the old antidumping regime of non-market economy treatment of China. This article makes a comparison between the new and old rules and their application by the EU institutions. The article argues that the new rules slightly improve legal certainty but that new uncertainties emerge as well. For example, the context of international labour law and international environmental law raises new questions.
  Volume 56 Online ISSN 1011-6702
  PubDate: Mon, 19 Sep 2022 00:01:12 GMT
  Issue No: Vol. 56 (2022)