Suchergebnisse

Various WTO Members submitted a Communication to the WTO in November 2018 which, if accepted, would affect the implementation of Members' transparency and notification obligations at the WTO. It would strengthen the already burdensome notification obligations and introduce new punitive administrative measures should obligations not be complied with. This paper provides information about WTO Members' current notification obligations and their level of compliance; looks at the history of discussions on notifications, particularly in the Working Group on Notification Obligations and Procedures which took place in 1995 - 1996; and provides an analysis of the Communication. The analysis focuses on the extent to which the elements are consistent with or go beyond the current WTO disciplines. It concludes that non-compliance with notification obligations is real. However, rather than expanding obligations and introducing punitive measures, constructive and effective solutions should be based on nuancing of obligations in the context of a Special and Differential Treatment approach and through the use of incentives. It also acknowledges that countries with a chronic lack of capacities will continue to struggle with the WTO's complex notification obligations and requirements until they attain higher levels of development and, thus, improved institutional capacities.

This research paper examines the US' Section 301 unilateral actions against China, stemming from the US' concerns over China's ambitious industrial policies and its rapid technological advancements. It outlines the accusations of the US regarding China's conditions for technology transfer and what the US sees as overly intrusive Chinese government involvement in investments. It looks in detail at why the US' actions are in fact illegitimate and misguided. Most of the US' accusations are not framed by WTO rules. Furthermore, the US cannot unilaterally take action that contravenes another WTO Member's rights under WTO agreements without going through the WTO's Dispute Settlement Body. Most strikingly, the US is accusing China of industrial policies and for supporting its companies to move up the technological ladder while it has been the pre-eminent country having its own version of such policies including until today. If these actions continue and expand, the ensuing trade war is likely to delegitimize the WTO and its current functions in regulating trade, lead to economic slow-down, and even possibly financial crises in emerging economies.