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2011
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Article
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The most flattering statement regarding the Doha Round is that there is a lot of uncertainty surrounding its fate. The Doha Round, as originally designed and understood, is not an option anymore. Although a formula has been found to keep the ball rolling, at this stage it is impossible to predict what direction it will take. There exists a lack of leadership to conclude the round and it suffers from inherent birth defects. This absence of a conclusion might send the wrong message at a moment when the WTO is emerging as the only genuine forum of multilateral cooperation. Though this is not the first trade round in the history of the multilateral trading system and definitely not the only one that is taking longer than planned to complete, it is the first time that the round risks being ditched altogether. In all previous rounds, which were essentially ‘business’ deals, trading nations managed to come up with an agreement in the end. This is the first time that they have announced ‘we do it for development’, and they now risk delivering nothing. Something has got to give at this stage, and we are running out of time as far as options regarding ‘deliverables’ are concerned. The accent has correctly been placed on priority issues for the bottom billion. The WTO, even if this effort succeeds, will have to face some tough tests in the near future arising from issues which were not at all addressed during the Doha Round.
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2011
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Article
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The Uruguay Round services negotiations saw the light of day amidst pressures from lobbies in developed countries, unilateral retaliatory actions, and ideological struggle in the developing world. The final outcome, the GATS, certainly characterized by a complex structure and awkward drafting here and there, is not optimal but is an important first step towards the liberalization of trade in services. This article traces the GATS negotiating history, from its very beginning in the late 1970s, paying particular attention to the main forces that brought the services dossier to the multilateral trading system (governments, industries, and academics), and the interaction between developed and developing countries before and during the Uruguay Round. We will follow the actions, positions, and negotiating stances of four trading partners – Brazil, the European Union, India, and the United States – that were key in the development of the GATS. Finally, we will, indicatively at least, try to attribute a ‘paternity’ (or, rather, a ‘maternity’) to some key features and provisions of the agreement.
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2011
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Article
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The disciplining of Preferential Trade Agreements (PTAs) by the WTO has been ‘relaxed’ recently as a result of the new context (the Transparency Mechanism) within which notified PTAs are being multilaterally reviewed. This is probably a blessing for a number of reasons, including the success of the multilateral trading system in bringing tariffs down over the years (and the ensuing reduced trade diversion), the fact that modern PTAs deal with many non-trade issues as well (for which no WTO disciplines exist), and the recent empirical literature suggesting overall positive welfare implications for those participating in similar schemes. This paper discusses these and other reasons to support the view that the WTO should rather focus on the multilateral agenda instead of diverting its attention towards disciplining PTAs. In more concrete terms, this paper argues in support of the thesis that the Transparency Mechanism should not be simply a de facto substitute of the previous regime (where outlawing a PTA could not a priori be excluded), but the de jure new forum to discuss PTAs within the multilateral trading system, at least for the time being. A first do-no-harm-policy is one of the rationales for the thesis advocated here.
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2011
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Article
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There is a lot of uncertainty surrounding the state of the Doha round negotiations. A formula has been found to keep the ball rolling but at this stage it is impossible to predict towards what direction. There is lack of leadership to conclude a round. At the same time, the round was poorly designed from day one. The emerging dilemma for trading nations should be whether the round (either as originally planned, or a ‘light’ version of the original agenda) with its problems should be concluded, or whether they should be looking to start afresh. The better arguments are probably with the first option, especially since, if they opted for the alternative, this would be the first time in the world trade history that a round failed to conclude; to make it worse, this would also be the first time a round was supposed to primarily address development issues. Trading nations would be sending the world the wrong message if they were to fail in their development-oriented endeavour, when they have repeatedly succeeded in the past when negotiating the conventional trade agenda.
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2010
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Article
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In his article, Privacy, Security and the Council Decision Framework 2008/977/JHA, Mario Viola de Azeveda Cunha explores the interplay of privacy and security. He considers the governmental desire for security as balanced against the individual belief in the privacy. He discusses whether the Council Decision Framework 2008/977/JHA complies with data protection principles and standards. Privacy, Security, and the Council Decision Framework 2008/977/JHA is an interesting examination on the important balance between individual and collective principles.
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