SOUTHEAST UNIVERSITY Dept. of Law & Justice LLB(Hons)-Program Course Title: International Trade Law Course Code:LLBH 3222 Submitted By: 2009020300044 Eshita Mahal 2009020300041 Md. Dulal Hossain 2009020300040 Zahirul Islam 2009020300037 Sayef Amin 2009020300036 Md. Barkat Ullah Student ID No: Name of Student:
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The Principles of the Trading System: The WTO agreement contains some 29 individual legal texts - covering everything from agriculture to textiles and clothing, and from services to government procurement, rules of origin and intellectual property. Added to these are more than 25 additional Ministerial declarations, decisions and understandings which spell out further obligations and commitments for WTO members. However, a number of simple and fundamental principles run throughout all of these instruments which, together, make up the multilateral trading system. The WTO establishes a framework for trade policies; it does not define or specify outcomes. That is, it is concerned with setting the rules of the trade policy games. Five principles are of particular importance in understanding both the pre-1994 GATT and the WTO:
1.Non-Discrimination. It has two major components: the most favoured nation (MFN) rule, and the national treatment policy. Both are embedded in the main WTO rules on goods, services, and intellectual property, but their precise scope and nature differ across these areas. The MFN rule requires that a WTO member must apply the same conditions on all trade with other WTO members, i.e. a WTO member has to grant the most favorable conditions under which it allows trade in a certain product type to all other WTO members 2.Reciprocity . It reflects both a desire to limit the scope of free-riding that may arise because of the MFN rule, and a desire to obtain better access to foreign markets. A related point is that for a nation to negotiate, it is necessary that the gain from doing so be greater than the gain available from unilateral liberalization; reciprocal concessions intend to ensure that such gains will materialize
3.Binding and enforceable commitments . The tariff commitments made by WTO members in a multilateral trade negotiation and on accession are enumerated in a schedule (list) of concessions. These schedules establish "ceiling bindings": a country can change its bindings, but only after negotiating with its trading partners, which could mean compensating them for loss of trade. If satisfaction is not obtained, the complaining country may invoke the WTO dispute settlement procedures. Transparency . The WTO members are required to publish their trade regulations, to maintain institutions allowing for the review of administrative decisions affecting trade, to respond to requests for information by other members, and to notify changes in trade policies to the WTO. These internal transparency requirements are supplemented and facilitated by periodic country-specific reports (trade policy reviews) through the Trade Policy Review Mechanism (TPRM)
Safety valves. In specific circumstances, governments are able to restrict trade . There are three types of provisions in this direction: articles allowing for the use of trade measures to attain no economic objectives; articles aimed at ensuring "fair competition"; and provisions are permitting intervention in trade for economic reasons Exceptions to the MFN principle also allow for preferential treatment of developed countries , regional free trade areas and customs unions
The International Trading System: 1. Promote Free Trade: Immediate action from the developed world (in particular countries/blocs such as the US, EU and Japan) on: (I).Agriculture – phased removal of all protectionist policies by 2015 (II).Textiles – progressive liberalization leading to full free trade by 2015 Reduce regulatory burden especially on poorer countries. Progressive reductions in duties achieved under GATT have only increased the importance of non-tariff barriers to trade . 2. Continue and promote establishment of institutions to manage the international trading system: (I). World Trade Organization (see specific goals for World Trade Organization) (II). World Intellectual Property Organization
3. Progressive deregulation and freeing of trade should be mirrored by increased availability of product information to end users and consumers. The surrender of tools for direct intervention must be compensated for by providing consumers and others with the means to make optimal decisions (inclusive of environmental, social, health and other such ‘external’ costs).
4. Assist poor (LDC) countries to participate in international trading system in following areas :
(I). Participation in trade negotiations, World Trade Organization ministerial and other activities related to the formation of trade agreements.
(II). Ability to start and defend dispute settlement proceedings (in the World Trade Organization) .
(III). To this end a special fund to assist poor (LDC) countries to gain adequate representation should be set up and administered by the World Trade Organization. One suggestion for funds needed and their allocation is as follows:
(a). Explicitly address trade off between promotion of free trade and use of trade policy in promoting and addressing environmental concerns.
(b). Use of trade policy for environmental ends should be subject to the test of least trade restrictiveness (i.e. of being the least trade restrictive method of achieving the environmental goal). Methods of achieving environmental goals that do NOT require trade restrictions should always be pursued in preference to those that do require trade restrictions.
(c). Current international trade-environments legal framework is NOT well worked out (this refers primarily to dispute settlement within the World Trade Organization and, in particular, GATT). A sounder framework is required with clear ’statutory’ rules on which a more consistent body of precedent may be built.
trading system: 5. Environment and the international