Global International Organization Dealing With Rules Of Trade Between Nations

WTO: Why It Was Opposed – A Rhetorical Analysis of Top Twelve Reasons to Oppose the World Trade Organization

Over the years, the World Trade Organization (WTO) has prided itself as the central element in the international economic management system across the world. This system incorporates other international bodies such as the World Bank, the International Monetary Fund as well as a series of other regional trade regimes that are growing. Collectively, these structures provide a mechanism that addresses international economic interdependence as well enhancing economic interactions that offer the promise of maximizing social welfare across the globe. These aspects have been brought about due to the focus given in the post-Cold War era where international relations have evolved beyond a narrow emphasis on politico-military affairs.

Article II sets forth an obligation of all Members called Most Favored Nation treatment (MFN). The main purpose of MFN is to ensure the equal treatment among Members by creating an obligation to guarantee and treat all like services and service suppliers of the other members equally and without discrimination. However, what is considered a “like” service or service supplier remains undefined in Article II, and efforts to define the term under GATS is described by the WTO as “limited and inconclusive”. In fact, several disputes brought forward under the WTO’s dispute-resolution body have failed to adequately address this shortcoming. Nonetheless, Members are required to oblige this requirement regardless of its

Antidumping laws, which punish foreign producers for selling their products in domestic markets at low prices, have been in existence for decades. Since the finalization of the Uruguay Round of GATT they have taken on increased importance, and the GATT agreement included an antidumping provision to which all signatories must adhere. Before the recent GATT agreement was concluded, only about 40 countries had antidumping provisions in their domestic laws.

The economic systems free trade and fair trade in like manner apply Foucault’s triangle of power and totalitarian knowledge. Specifically, I will analyze what negative effects the lack of subjugated knowledge causes within these system 's foundations and their future betterment through Foucault’s lessons. As a rule, “most of the evil in this world is done by people with the best intentions” (T.S. Eliot). On October 1947, 23 nations in Geneva signed the General Agreement on Tariffs and Trade ‘GATT’. This liberated international trade and businesses to begin foreign production investing. The aforementioned agreement was tremendous for the economy. Numerous countries are Free Trade countries, including the U.S. Within free trade, goods, capital and services flow unhindered between nations, without barriers, which would hinder the speed of trading processes. There are no earning ceilings; citizens from free trade countries may secure as much money as they have the ability to earn, within the confines of the law. Max Havelaar founded the fair trade model in 1988 under the initiative of the Dutch development agency Solidaridad. And the current face of fair trade, Fairtrade Labelling Organizations International 'FLO ' established in Bonn, Germany with the intention to unite the national Fair trade organizations under one umbrella and to set worldwide standards and certification.

The Uruguay Round at Punta del Este, Uruguay in 1986 was the last trade negotiation under the framework of GATT 1947 that eventually concluded in Marrakesh, Morocco, in April 1994. The outcome of the Uruguay Round was commendable as it considerably expanded the scope and content of trade rules, governing the international trading system. Firstly, the Uruguay Round sucessfully established the WTO as a new international organisation on trade equipped by various treaty-based, institutional articles including ‘Members’ instead of ‘Contracting Parties’. Moreover, the establishment of the dispute settlement system, consisting of the Panel Report the Appellate Body provided more judicial than political character for resolving any disputes, especially because it has more enforceable sanctions and compliances mechanism than GATT 1947.

These ‘measures of equivalent effect’(MEQRs) result in imports being reduced just as if there was in fact an explicit limit. First the MEQR produces its import reducing effects by a more or less indirect path. That can make causation difficult to establish. ECJ has dealt with this by drawing broad-brush distinctions of convenience . Second problem is to decide whether article 34 is about combating rules with a protectionist effect, or about deregulating economic activity.These are measures which cannot be easily captured by the Cassis definition of a product rule or the Keck definition of a selling

GATT Article III has been nullified and impaired. The WTO resolution panel will use the Japan—Taxes on Alcoholic Beverages case’s “like” products test and the tariff classification test to establish the presence of nullification and impairment. The MF and Dabi are Members of the WTO and they both must abide by the WTO Agreement. This Agreement gives WTO Members benefits in return for their commitment to the Agreement. The MF is not complying with GATT Article III, Section 1 in that the MF is protecting their domestic beef products by regulating the importation of Dabi’s beef products without enough scientific evidence to support the negative effects of Xamil. Imported beef products must be treated the same as domestic beef products. Dabi’s and the MF’s beef products are like products due to identical end users and the beef’s properties. Until more compelling scientific studies are conducted to prove that Dabi’s and the MF’s beef products are not like products, the MF’s regulation of Dabi’s beef products is inconsistent with Article III. In order to conduct the tariff classification test, the WTO’s Harmonized Tariff Schedule system must be used.

DeGeorge (1993) raises an important question for international business ethics: When is there the convergence of ethical attitudes among members of different nationalities? Despite the enthusiasm for increased global interaction and economic exchange, many people have found that cultural differences have hindered their ability to efficiently conduct business or negotiations due to their lack of understanding of the

Since the 1980s, governments have placed an increasing emphasis on human rights. This emphasis has been reflected in the inclusion of human rights provisions in preferential trade agreements. NAFTA (1993) was the first preferential trade agreement to include explicit language on the subject of human rights, and it is now estimated that over 75% of the world’s governments participate in preferential trade agreements that include human rights provisions (Aaronson & Chauffour, 2011).

Described as the ‘most succesful international document so far’, CISG has unified international sales law whilst protecting the freedom of contract by allowing Contracting States the option of taking exception to certain specified articles. This flexibility was instrumental in convincing states with disparate legal traditions to suscribes to an otherwise uniform code. A number of countries signed the CISG made delcarations and reservations as to the treaty’s scope, the UK however refused to adopt the convention at all. Goode’s statement touches ona variety of the arguments that have been mooted in order to justify (for some parties) or just understand (for other parties) the UK’s failure to ratify the Convention. I will

WTO members might impose tariff and non-tariff measures on tobacco products when these products are imported to their territories. However, by the three critical principles, which are mentioned in the previous part, the GATT 1994 prevents WTO members from measures establishing discrimination and trade restriction. Therefore, in boundary measures imposed on tobacco products might be challenged under these principles.

The environmental protection is implemented in wide variety of forms and methods. WTO jurisprudence affirms that WTO Members are entitled to apply related-trade measures in order to protect environment . These measures, however, may transgress principal trade rules, for instance, ‘non-discrimination’ and general ‘elimination of quantitative restrictions’, as a result, impact on other Members’ rights . Therefore, to balance two objectives, it is necessary to set exceptions to those principal rules .

In my own perspective, the definition of the like product in WTO anti-dumping law should be reformed regarded to several reasons such as:

Until now, there are nine disputes in GATT/WTO related environment or health protection concerning Article XX . In particular, six panel proceedings under GATT including US – Canadian Tuna , Canada – Salmon and Herring , Thailand – Cigarettes , US – Tuna (Mexico) , US – Tuna (EEC) and US -Automobiles were completed, however, of the six reports, the last three cases were not adopted by GATT Contracting Parties until WTO Dispute Settlement took over and completed these proceedings since 1995 . The three completed disputes under WTO are US – Gasoline , US – Shrimp and EC – Asbestos .