The planned US border tax would most likely violate WTO rules
By Martin Khor
As the US Congress and President consider whether to introduce a border adjustment tax, a major question is whether such a measure will violate the rules of the World Trade Organization. Experts have good reason to believe the tax in several ways go counter to the WTO. But there are also shortcomings in the WTO system that could limit its usefulness in stopping the US if it is determined enough. A shorter version of this article was published by the IPS. This is the second of a two part series on the US border tax plan. (more…)
The WTO’s Special and Differential Treatment Negotiations (Paragraph 44)
Paragraph 44 of the 2001 Doha Ministerial Declaration mandates the ‘strengthening’ of Special and Differential Treatment (S&D) provisions in the WTO Agreement, and making them ‘more precise, effective and operational’. This Note tracks the evolution of these negotiations from the start of the Doha Round in 2001 until the Nairobi Ministerial in December 2015. (more…)
The WTO has a 1998 Work Programme on E-commerce. This Work Programme provides for the discussion of trade-related issues relating to electronic commerce to take place in the relevant WTO bodies: the Council for Trade in Services; the Council for Trade in Goods; the Council for TRIPS; and the Committee for Trade and Development. The General Council was envisaged to play a review or oversight role. (more…)
The WTO’s Agriculture Domestic Supports Negotiations
The historical problems in agriculture continue today. Developed countries with the financial capacity continue to subsidise their farmers and export these agricultural products. This has also been enabled by the Uruguay Round through large AMS entitlements for mostly developed countries ($19 billion for US and now about $95 billion for EU27), as well as the Green Box (Annex 2 of the Agreement on Agriculture). (more…)
The implementation of bilateral free trade agreements, the FTAs, began 25 years ago, with the North American Free Trade Agreement (NAFTA) between Canada, Mexico and the United States. The European Union, which was initially reluctant to sign bilateral FTAs, also adopted them. In our region, Chile was the first South American country to sign an FTA with the US. Then came Peru and Colombia. (more…)
Is the Right to Use Trademarks Mandated by the TRIPS Agreement?
Accepting the notion that a positive right to use a trademark is implicitly recognized by the TRIPS Agreement would have systemic implications in the context of WTO. (more…)
Statement by the South Centre on the Report of the UN Secretary-General’s High Level Panel on Access to Medicines released on 14 September 2016
The South Centre endorses the report of the United Nations Secretary General’s High Level Panel on Access to Medicines and its call on governments, the United Nations entities and others including the World Trade Organization, to take action on the report’s recommendations. (more…)
Innovation and Global Intellectual Property Regulatory Regimes – The Tension between Protection and Access in Africa
This paper discusses the participation of African countries in global intellectual property (IP) regimes centred on the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), and the implications of the expansion of the scope of IP regimes through bilateral trade and investment agreements. (more…)
Key Substantive and Process Issues Arising from the WTO’s Nairobi Ministerial Conference (MC10)
Despite concerted attempts by major trading partners to bury the WTO’s Doha Development Agenda (DDA) in Nairobi, they were unsuccessful. Part I of this paper provides a legal reading of the Nairobi Ministerial Declaration (NMD) as it pertains to the DDA, and also discusses other legal questions regarding the conclusion of the DDA. (more…)
