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ContextTo facilitate the manufacturing of COVID-19 medical products, in October 2020 India and South Africa proposed a waiver of certain intellectual property (IP) provisions of a World Trade Organization (WTO) agreement. After nearly two years, a narrow waiver agreement that did little for vaccine access passed the ministerial despite the pandemic's impact on global trade, which the WTO is mandated to safeguard.MethodsThe authors conducted a content analysis of WTO legal texts, key-actor statements, media reporting, and the WTO's procedural framework to explore legal, institutional, and ideational explanations for the delay.FindingsIP waivers are neither legally complex nor unprecedented within WTO law, yet these waiver negotiations exceeded their mandated 90-day negotiation period by approximately 18 months. Waiver opponents and supporters engaged in escalating strategic framing that justified and eventually secured political attention at head-of-state level, sidelining other pandemic solutions. The frames deployed discouraged consensus on a meaningful waiver, which ultimately favored the status quo that opponents preferred. WTO institutional design encouraged drawn-out negotiation while limiting legitimate players in the debate to trade ministers, empowering narrow interest group politics.ConclusionsDespite global political attention, the WTO process contributed little to emergency vaccine production, suggesting a pressing need for reforms aimed at more efficient and equitable multilateral processes.

The paper first explores certain aspects of dispute resolution mechanism implemented within the World Trade Organization and then proceeds with the legal analysis of a number of legal presumptions, concepts and principles both of procedural and substantive legal nature developed and applicable within the framework of the above mentioned mechanism for resolving disputes between the WTO member-states. The Paper examines the main features that distinguish the dispute resolution mechanism used within the WTO from the GATT mechanism, which mechanism, i/e/ the one implemented within the WTO framework, is recognized to be more legal in nature in contrast to the more political nature of the GATT dispute resolution mechanism, given that under the GATT mechanism the direct negotiations had more weight in reaching the final settlement than within the WTO system, where formal juridical disciplines, as the practice of dispute settlement indicates, play far more role and has become a key element of the system. Also, certain procedural presumptions and principles applicable in the adjudication process as well as the procedure and feature characteristic for the enforcement of decisions are examined in the paper based on and with reference to the number of panel and Appellate Body decisions. Decisions delivered by panels and the Appelate Body represent a very important tool for the interpretation of the WTO law and shapes the practice of its implementation. In this regard, although it is not considered a formal source, Appelate Body and panel decisions should be considered as an important source of both procedural and substantive WTO law. The DSB practice established under the GATT/WTO law, on the one hand, defines a set of applicable procedural rules and on the other hand, develops the WTO substantive law by way of developing the criteria and rules governing the application of provisions of the WTO agreements and other sources governing rights and obligations of the membe r-states. Particular attention in this regard is paid to the peculiarities of the application of the principle of responsibility for lawful actions applied in the WTO jurisprudence, under the relevant WTO agreements and more specifically under the GATT, GATS, TRIPS and SCM Agreements. Also a number of procedural concepts the principles e.g. the "prima facie case", "rational relationship" elaborated in the "Hormone" case, principle of multi-criteria assessment initially applied in «Korea - fresh, chilled and frozen meat» case and negative presumption rule applied by the panels are an alysied. [ABSTRACT FROM AUTHOR]

In international cooperation on taxation, countries strive to achieve equality in international taxation and, thus, create the basis for a fair international tax system. Justice exists in an international system of taxation only when states allocate taxing powers among themselves in a manner consistent with dominant views of justice internationally. A fair international tax system will not exist until there is some international consensus on how countries should allocate axing powers among themselves. International cooperation allows countries to improve the coordination of tax policy at the international level. We can talk about several types of coordination. For example, one type aims to make a country's tax system more similar to others - in other words, to harmonize taxes. Other types aim to establish minimum or maximum tax rates to avoid double taxation of cross-border income streams, prevent transfer pricing, coordinate arrangements with competent authorities and limit harmful tax competition. The current official agreements mean business activities through a permanent establishment and give the source country the primary right to tax profits from this operation. The country of residence is obliged to exempt these profits from tax, at least to the extent that they were taxed by the country of source. A tax treaty also often provides for an exemption from taxation of the employee's income from personal services provided the employee is in the country for no more than a specified period of time and the compensation is received by a non-resident employer without a permanent establishment. The treaty usually reduces or eliminates withholding tax on at least some items of investment-type income, such as interest, dividends, rents and royalties, that are not attributable to business carried on through a permanent establishment. The tax treaty also provides that the country of residence can tax capital gains. [ABSTRACT FROM AUTHOR]

In response to the Russian invasion of Ukraine, the European Union (EU) has adopted a vast range of unilateral sanctions (or 'restrictive measures') targeting almost every facet of the Russian economy. These events mark a turning point in the EU's approach to sanctions. In a brief timespan, the EU's sanctions practice has expanded significantly in its scope, reach, and hard-line political discourse, aligning more closely with the assertive stance of the United States. The collateral effects of these sanctions have reverberated globally, raising questions about their proportionality. This article explores the legal boundaries framing EU sanctions, examining the principle of proportionality across EU law, World Trade Organization (WTO) law, and customary rules on State responsibility. Through a detailed analysis of the various proportionality standards present in these legal regimes, it seeks to determine the adequacy of existing legal safeguards against a potential misuse of sanctions and addresses key challenges in regulating EU sanctions within the framework of proportionality. [ABSTRACT FROM AUTHOR]

The rules-based trade order confronts a crisis as both rule-making and enforcement have stalled in the World Trade Organization (WTO). Locked in great power rivalry, the United States and China are undermining the rules, making it necessary for middle powers like Canada and Japan to lead a coalition to reform the WTO. Working together they should advocate for greater transparency over subsidy policies and guidelines for how to balance security goals with economic cooperation. [ABSTRACT FROM AUTHOR]

The World Trade Organization (WTO) protects geographical indication (GI) wines such as Bordeaux and Chianti. However, there is scant empirical evidence on the effectiveness of this protection. Our triple difference panel data analysis of EU wine exports from 1995 to 2019 finds a significant effect. When countries join the WTO, their import of GI wines increases by about 25% more than non‐GI wines, compared to non‐joiners. Our findings suggest that specific trade provisions matter and that the EU policy of also including wine GIs in bilateral agreements is an attempt to further improve enforcement of GI protection in third countries. [ABSTRACT FROM AUTHOR]

Trade theories implicitly explain the significance of trade facilitation (TF) in increasing trade. Identifying the methodological gaps in the literature, this study assesses the effects of TF on international trade relative to internal trade under a theoretically consistent structural gravity model. The results suggest that countries' improved TF performance increases their agriculture and manufacturing trade. However, the ratification of the trade facilitation agreement (TFA) does not affect trade. The study observes differential effects of various dimensions of TF. Moreover, heterogeneity in the TF effects is found across different industries. These findings encourage countries to implement TF measures more seriously. [ABSTRACT FROM AUTHOR]

The CPTPP aims to achieve deep economic integration through substantive regulations. However, it falls short due to its de-institutionalized inter-state DSM and its dependence on the WTO DSM, which following the AB crisis is currently impaired. The question is whether structural and procedural revisions are needed within the CPTPP and WTO DSMs to effectively resolve current and future disputes. To answer this, the article conducts a comparative analysis of the two DSMs. It emphasizes the importance of aligning the WTO DSM with transformational deep agreements and establishing multilateral pillars for dispute settlement that recognize the ambitions of modern trade agreements. [ABSTRACT FROM AUTHOR]

The present article discusses changes in tariff and non-tariff restrictions applied in World Trade Organization (WTO) countries during the COVID-19 pandemic. The employed research tools were a review and analysis of literature along with source statistical data of WTO, UNCTAD, OECD, and ITC. During the pandemic, the average level of tariffs in the WTO countries did not change significantly. From 2019 to 2021, the standard level of duties amounted to less than 15% in more than 90% of the member states. In contrast, 2020 saw an unprecedented increase since 1995 in the number of new non-tariff measures introduced without prior notification. As a result, the restrictions applied as a whole covered the most significant part of world trade since 2009 (13.6%). The newly introduced restrictive measures affected trade worth US$68.8 billion in 2020, i.e., over half as much as in 2019 (US$46.2 billion). A noneconomic factor (pandemic) caused the WTO countries to introduce restrictions that were permitted but eluded normal procedures. This calls into question the effectiveness of liberalization measures within the WTO. [ABSTRACT FROM AUTHOR]

One of the basic elements of world order is properly functioning legal systems of individual states. The Sars-Covid pandemic and armed conflicts around the world, including those involving Europe, have strained the certainty of legal transactions in the countries of the UN system and the need to seek new supranational solutions, especially in the field of international trade. The pillar of security is therefore becoming instruments of international law, with the World Trade Organization in mind. A special tool of this organization are the dispute settlement mechanisms to which member states must adhere. In the conducted research, the thesis was put forward that one of the guarantors of the security of legal transactions is the resolution of disputes using the basic legal tools of this organization. It was proved that disputes between states themselves become solvable if they are transferred to the WTO.

This paper explores conflicting national perspectives and evolution of World Trade Organisation (WTO) through a flexible systems approach. It explores international trade system's conflicting thesis antithesis of global trade regimes/regional trade agreements vis-a-vis national perspective/interest. The multilateral trade framework acts as a facilitator for equal trade norms for all, accidentally creating a barrier for several developing and less developed nations to participate in the "free trade regime". Literary evidence suggests these nations participate in the regional trade agreements (RTAs) which may not be very beneficial for the nations participating in it. Adding to the damage, these countries distance themselves from WTO, heading for another dent on their economy. In the era of globalisation appearing like a "Zero Sum Game" for economies and therefore, a system in an institutional framework essentially desires "flexibility" and change with changing times. When an organisation gets nudged by the diverse views of its members and detects belligerence and discontent among member nations, it is time for organisational change, a change in the current institutional paradigm towards organisational flexibility. To explore these conflicting perspectives, the grounded theory methodology has been used in this study. The research design is exploratory in nature. Using judgemental and snowball sampling of international experts in the area of multilateral trade and international trade negotiations, the thematic coding paradigm has been drawn. The process has been iterated, and cross-validation has been done with the literature after deploying grounded theory methodology. Subsequent, open, axial, and selective coding has been performed and data triangulation for validation of themes has been done. In addressing the dominant theme evolved from the study, the institutional crevice within the global trading system requires a comprehensive approach. This begins with reinstating conducive conditions for negotiating global trade liberalisation and facilitating consensus among WTO member countries with modernised regulatory framework and augments its global decision-making. [ABSTRACT FROM AUTHOR]

Eighty percent of the world’s population lives in emerging markets, and a significant portion of this population is not receiving healthcare or at least is not receiving the healthcare they need. This is an issue experienced in all of the BRICS countries as well. The BRICS countries particularly need drugs for the treatment and management of infectious and communicable diseases. The affordability of healthcare is one of the key priorities of the BRICS countries. These goals may not necessarily be in line with the patent laws of the BRICS countries which are also members of the World Trade Organization (WTO). This article examines the patent invalidation procedures of the four WTO member BRICS countries, namely India, China, Brazil, and South Africa with the aim of evaluating the strengths and weaknesses of their procedural safeguards and learning from their experiences. The presence of a functional patent opposition model is of utmost importance for the BRICS countries, since this allows for the invalidation or opposition of patents that have been granted in their respective jurisdictions. However, except for India, none of the other WTO member BRICS countries have developed a well-thought-out patent opposition model. This study argues that the BRICS group provides a viable forum for India to promote its distinguished patent invalidation model. In turn, the WTO member BRICS countries can learn from India’s pro-health patent opposition model and reform their national patent laws to align with their public health priorities. This is especially important in the context of the pandemic like COVID-19, for example.

The purpose of the study is to quantify the impact of integration and geopolitical factors on trade of the Russian Far East with foreign countries. The estimates obtained on the basis of gravity modeling for 2000–2021 revealed the stimulating influence of integration factors (participation of Russia and trade partner countries in the WTO; Russia’s participation in ‘deep’ trade agreements) and the restraining influence of geopolitical factors (acute political confrontation between Russia and foreign countries; sanctions imposed on the Russian economy) on the Far East’s foreign trade. It was established that the participation of Russia and trade partner countries in the WTO contributed to the increase in foreign trade of the Russian Far East by 58%. The positive indirect influence of the ‘WTO factor’ and the stimulating effect of the global economic environment on foreign trade turnover of the Russian Far East was determined, indicating the ‘sensitivity’ of the macro-region’s open economy to trade liberalization at the global level. It was found that Russia’s creation of ‘deep’ integration formats with the Eurasian Economic Union countries and Vietnam contributed to an increase in the Far East’s trade with them by 141%, but the share of these economies in the macro-region’s foreign trade was small. It was found that the presence of an acute political conflict between Russia and foreign countries reduced the Far East’s trade with these countries by 79%, but due to the small share of these countries in the macro-region’s trade turnover, this effect was almost imperceptible. It was determined that the imposition of sanctions against Russia by a number of Western countries in 2014–2021 led to a 43% reduction in the Far East’s trade turnover with them and could contribute to the accelerated construction of infrastructure for the supply of hydrocarbons to the Chinese market, limiting the opportunities for geographical diversification of the macro-region’s exports

The purposes of the study are to analyse competitiveness and develop recommendations for improving it when mastering production of new products. When reviewing well-known works where competitiveness has been studied, the author has examined the impact of changes at the macro level on the processes of developing new products by enterprises. In the article, the author has analysed various approaches to determining competitiveness. The influence of unilateral sanctions on competitiveness in the development of new products has been considered. At the same time, it is noted that sanctions as a tool of forceful pressure cannot be used as a tool for increasing success of enterprises in a fair competitive market. Therefore, the author highlights that the classical theory of competitive and non-competitive markets is not fully applicable in the current situation. In the works of some scientists, the competitiveness of an enterprise in the market that does not correspond to present realities has been analysed, and accordingly, such studies are not applicable in the conditions of a necessary fair competitive market. The author has suggested ways to determine both current competitiveness and its indicators in past and future periods. It is proposed to restructure the domestic technology transfer to the international one with friendly countries, moving from simple trade and exchange of goods to joint product development. Conditions are also needed within the country for scaling ideas and new designs. In an uncompetitive market, merging or associating companies for research, development and mastery the production of new products may be one of the ways to circumvent sanctions. Thus, the method is more applicable to technologies with a high level of digital and technological protection in the know-how mode.

With the continuous increase in greenhouse gas emissions and global average temperature, the effects of climate change are predicted to grow. In Vietnam, growing demand for subsidy programs to attract renewable energy investments must be balanced with the government's obligation to ensure their conformity with the World Trade Organization (WTO) regulations. This article analyzes subsidy-related rules in WTO agreements and reviews countervailing investigations on renewable energy-related products from Vietnam. Based on the analysis, the authors propose that the Vietnamese government implement subsidy programs in accordance with the WTO's conditions. [ABSTRACT FROM AUTHOR]

This paper provides direct empirical evidence that preferential trade agreements (PTAs) are consistent with the terms‐of‐trade theory. Using PTAs that occur between 2001 and 2015, we first show a PTA is associated with being more likely if countries have greater importer market power over one another. Second, using recently available tariff data for 39 bilateral PTAs, we show high levels of importer market power lead to tariff cuts that are larger in magnitude when PTAs enter into force. These results provide a rationale for why PTAs are permitted by the World Trade Organization. [ABSTRACT FROM AUTHOR]

We quantify the effects of GATT/WTO membership on trade and welfare. Using an extensive database covering manufacturing trade for 186 countries over the period 1980–2016, we find that the average partial equilibrium impact of GATT/WTO membership on trade among member countries is large, positive, and significant. We contribute to the literature by estimating country-specific estimates and find them to vary widely across the countries in our sample with poorer members benefitting more. Using these estimates, we simulate the general equilibrium effects of GATT/WTO on welfare, which are sizable and heterogeneous across members. We show that countries not experiencing positive trade effects from joining GATT/WTO can still gain in terms of welfare, due to lower import prices and higher export demand. [ABSTRACT FROM AUTHOR]

AbstractInternational tribunals are pulled between a commitment to judicial autonomy and the need to manage their members’ political expectations, lest these rein in the tribunal’s power. We argue that when the formal design of international institutions leaves them exposed to political control, institutional actors can respond by self-imposing constraints to protect themselves from excessive oversight. We examine this phenomenon in the context of the World Trade Organization’s (WTO) Appellate Body (AB), touted until recently as one of the most successful international tribunals in existence. We argue that the early insistence on collegiality and consensus opinions among WTO AB members had the effect of (i) deflecting political blame and (ii) providing cover for adjudicators who did not dissent when governments might have wished them to. As the informal norm of consensus opinion was weakened, political control by WTO members grew stronger, culminating in the United States’s move to paralyze the AB. Weaker actors can thus improve their position under formal rules, yet this requires a strong commitment to a set of informal norms, which comes with its own challenges. [ABSTRACT FROM AUTHOR]

Background: For the last decades, following an increase in environmental crises, the protection of the environment has been one of the greatest concerns for human beings. Despite the primary objective of the World Trade Organization (WTO) being the promotion of free trade, the severe destruction of the environment due to business activities has forced us to put forward this case in the WTO. As the most significant and influential international organization, the WTO plays a great role in international trade. Sustainable development and protection and preservation of the environment are fundamental goals of the WTO. These objectives, enshrined in the Marrakesh Agreement that established the WTO, complement the WTO's mission to reduce trade barriers and eliminate discriminatory treatment in international trade relations. While the WTO lacks a specific agreement dealing with environmental issues, its members can adopt trade-related measures aimed at protecting the environment, subject to fulfilling specific conditions to avoid the misuse of such measures for protection purposes. The WTO contributes to the protection and preservation of the environment through its objective of ensuring sustainable development, its rules and mechanism for enforcement, and its work in different WTO bodies. Methods: The present study employed approach was to use related articles in Google Scholar and Magiran and records and agreements in WTO to examine environmental cases. Results: The cases analyzed in this study were the following: the gas case with the old and new formula (the US-Gas), the case of the European Union (fireproof cotton), and the case of the turtles and shrimp fishing. Conclusion: The results showed that although the WTO has achieved some environmental milestones, it has not been sufficiently effective in resolving the environmental challenges caused by energy trade. [ABSTRACT FROM AUTHOR]

This paper revisits the question of choice between regionalism and multilateralism in trade relations of Central Asia introduced by Pomfret (2005). Our study is motivated by a significant restoration of economic links between the former Soviet republics following Russian accession to the World Trade Organization (WTO), the creation of the Eurasian Economic Union (EAEU), and the formation of new trade ties with Vietnam, Iran, and Serbia. Above all, there have been substantial commitments made by the three Central Asian republics of Tajikistan, Turkmenistan, and Uzbekistan toward a multilateral system under the WTO rules. To this end, we apply a multi-region gravity model with interdependent trade flows using bilateral trade data of Tajikistan and Uzbekistan to study the ex-ante effects of economic integration with various bilateral, plurilateral, and multilateral partners. Our findings indicate the existence of considerable gains if the aforementioned economies would ascend to the EAEU in comparison to integration with China or Iran. We also document the presence of shared economic links between Tajikistan, Central Asia, and Turkey. [ABSTRACT FROM AUTHOR]

This paper develops an oligopolistic model with consumption externalities to study (i) the policy interaction between tariffs and product standards; (ii) how such interaction may affect the welfare justification of national treatment (NT) in product standards. Absent NT, tariff reductions can lead to more discriminatory standards against foreign firms. Imposing NT eliminates discrimination but can induce higher tariffs which tend to undermine efficiency. As a result, the welfare justification of NT is stronger when tariffs are constrained. These findings suggest that the World Trade Organization's success in tariff liberalization can strengthen the case for its NT‐based approach to product standards. [ABSTRACT FROM AUTHOR]

Copyright of Eurasian Journal of International Law is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper concerns implications of the WTO rules on domestic regulations and trade policy measures and analises trade policy options available for a WTO member-state under the WTO rules that may maintain benefiting from the WTO membership. It describes effects of the WTO disciplines on institutional structure of the member-states and analyses issues relating to the formulation of the WTO compatible trade policy measures and mechanisms of their application, examines possibilities for the utilisation of contingency protection measures available under the WTO law. Issues of institution building, trade regime formation and creation of an adequate normative basis of the trade policy formulation is also touched upon based on such analysis, given that the mentioned aspects of the WTO membership is a necessary condition for a successful WTO compliant trade policy. At the same time, it also becomes important to ensure achievment of the development and welfare interests and avoid of subjecting foreign trade measures to private interests by way of establishment of the appropriate procedures and legal environment. Therefore, shaping trade regime and legal procedures in a way enabling formulation and implementation of measures serving the community interests and excluding or minimising utilisation therof in the interests of the private interest groups aquire utmost importance. Based on this, the paper analyses interactions between the rules, practices and institutions comprising the WTO law and the trade regimes of the memberstates and explores possibilities of establishing, conducting and adaptation of the WTO complaint trade policies capable of ensuring acievement of social and econimic development goals. Therefore, the paper explores the trade policy regulation mechanisms of the states within the normative and institutional framework established by the WTO law, as well as the possibilities of introducing economic and social development-oriented trade policies by the member-states and candidates for membership in accordance with the WTO law. For these purpose, the legal and institutional aspects of the WTO affecting formation of trade policies and the application of trade measures by the member states and consequencies of mutual institutional influences between the WTO law and the trade policies of the member states are highlighted, principal legal and institutional effects arising from the WTO agreements have been analysed, experience of the WTO members in trade policy formulation and implementation have been summarized, deficiencies and shortfalls in the internal legal systems and institutional structures that may arise in connection with the membership in the WTO identified based on analysis of the experience of the WTO members, recommendations and proposals regarding legal adaptation and institutional changes that may be considered necessary or appropriate in connection with WTO membership have been formulated. It is shown that membership in the WTO results in long-term effects on the country's economy, and these effects concern primarily the legal regulation of trade relations. WTO membership, creates the need to constantly adapt the application of trade policy measures to the WTO requirements. The paper asserts that specific times, durations and purposes of trade measures applicable in accordance with the WTO law depend on the specifics of the objectives and the issues to be resolved in a specific political and economic conditions and, therefore, must be determined individually in each case. The trade policy in such case needs to be purposefully and organically reconciled with general macroeconomic measures such as tax policy, labor market regulations, investment environment, currency policy, etc., in order to be able to maintain economic efficience and social welfare under the WTO rules, otherwise it is possible that membership in the WTO can become a source of economic and social tensions. WTO membership may vreate serious economic and social risks. Mitigation of such risks requires adaptation of the legal regulation, as well as institutional and power structures. Solutions should accomodate specific political, economic and social situations, institutional structure and would require involvement of adequate fianacial and intellectual resources. The paper also toches upon the issues of transparency, market competition, good governance methods, market inadequacy and market protection possibilities. As an overall conclusion, it is asserted that adherence to the WTO rules does not ensure the increase in the level of well-being, economic and social development, but only creates the basis for it. Achieving these goals may not be possible through membership in the WTO, but through appropriate organizational structure taking into account the membership requirements, as well as thoughtful decisions on the use of opportunities provided by the WTO. Although the requirements are numerous, the freedom to decide about these requirements is not small. This last aspect is a key issue to consider in terms of the impact of the WTO on trade policy and market access conditions. [ABSTRACT FROM AUTHOR]

Copyright of Realidad Economica is the property of Realidad Economica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Climate change has impacts on global society in different aspects, including those on the trade industry. Similarly, the trade industry contributes to global emissions of Greenhouse Gases through different technologies involved, and different rules adopted by the World Trade Organization (WTO) or related agreements. Such circulation of impacts implicates that neither climate change agreements nor the WTO can deal with climate change alone, but through international cooperation. Therefore, this study explores the status of international cooperation between the WTO and the Paris Agreement for addressing climate change in the trade industry. It also assesses different challenges faced by such cooperation, and proposes recommendations to addressing those challenges. [ABSTRACT FROM AUTHOR]

Structural shifts in patterns of international production, trade, and investment have been spurred by the globalization of supply chains. Today, however, a range of factors, including wars and sanctions, the increasing divide between Western and Chinese approaches to the economy, the increasing links between economic security and national security, and between trade and environmental regulation, are contributing to the fragmentation of international economic frameworks and growing populist and protectionist sentiment. Competition for advantage through industrial subsidies and the setting of digital and environmental standards risks enshrining a less-than-global economic order. In many fields, however, multilateral cooperation, rulemaking, and enforcement in serving shared objectives, in various international organizations, multi-stakeholder forums, and by the private sector, continues to function well. In this ever-more complex international context, where clubs, coalitions, and informal networks among nations are increasingly prevalent, middle powers are wise to remain both agile and resolute in ensuring that national interests are advanced through smart diplomacy, encompassing working with like-minded in caucuses and informal settings that serve to build broader consensus, engaging business and other stakeholders at home and abroad in support. Canada's experience and current efforts provide a constructive example for middle powers. [ABSTRACT FROM AUTHOR]

The paper concerns implications of the WTO rules on domestic regulations and trade policy measures and analises trade policy options available for a WTO member-state under the WTO rules that may maintain benefiting from the WTO membership. It describes effects of the WTO disciplines on institutional structure of the member-states and analyses issues relating to the formulation of the WTO compatible trade policy measures and mechanisms of their application, examines possibilities for the utilisation of contingency protection measures available under the WTO law. Issues of institution building, trade regime formation and creation of an adequate normative basis of the trade policy formulation is also touched upon based on such analysis, given that the mentioned aspects of the WTO membership is a necessary condition for a successful WTO compliant trade policy. At the same time, it also becomes important to ensure achievment of the development and welfare interests and avoid of subjecting foreign trade measures to private interests by way of establishment of the appropriate procedures and legal environment. Therefore, shaping trade regime and legal procedures in a way enabling formulation and implementation of measures serving the community interests and excluding or minimising utilisation therof in the interests of the private interest groups aquire utmost importance. Based on this, the paper analyses interactions between the rules, practices and institutions comprising the WTO law and the trade regimes of the member­states and explores possibilities of establishing, conducting and adaptation of the WTO complaint trade policies capable of ensuring acievement of social and econimic development goals. Therefore, the paper explores the trade policy regulation mechanisms of the states within the normative and institutional framework established by the WTO law, as well as the possibilities of introducing economic and social development-oriented trade policies by the member-states and candidates for membership in accordance with the WTO law. For these purpose, the legal and institutional aspects of the WTO affecting formation of trade policies and the application of trade measures by the member states and consequencies of mutual institutional influences between the WTO law and the trade policies of the member states are highlighted, principal legal and institutional effects arising from the WTO agreements have been analysed, experience of the WTO members in trade policy formulation and implementation have been summarized, deficiencies and shortfalls in the internal legal systems and institutional structures that may arise in connection with the membership in the WTO identified based on analysis of the experience of the WTO members, recommendations and proposals regarding legal adaptation and institutional changes that may be considered necessary or appropriate in connection with WTO membership have been formulated. It is shown that membership in the WTO results in long-term effects on the country’s economy, and these effects concern primarily the legal regulation of trade relations. WTO membership, creates the need to constantly adapt the application of trade policy measures to the WTO requirements. The paper asserts that specific times, durations and purposes of trade measures applicable in accordance with the WTO law depend on the specifics of the objectives and the issues to be resolved in a specific political and economic conditions and, therefore, must be determined individually in each case. The trade policy in such case needs to be purposefully and organically reconciled with general macroeconomic measures such as tax policy, labor market regulations, investment environment, currency policy, etc., in order to be able to maintain economic efficience and social welfare under the WTO rules, otherwise it is possible that membership in the WTO can become a source of economic and social tensions. WTO membership may vreate serious economic and social risks. Mitigation of such risks requires adaptation of the legal regulation, as well as institutional and power structures. Solutions should accomodate specific political, economic and social situations, institutional structure and would require involvement of adequate fianacial and intellectual resources. The paper also toches upon the issues of transparency, market competition, good governance methods, market inadequacy and market protection possibilities. As an overall conclusion, it is asserted that adherence to the WTO rules does not ensure the increase in the level of well-being, economic and social development, but only creates the basis for it. Achieving these goals may not be possible through membership in the WTO, but through appropriate organizational structure taking into account the membership requirements, as well as thoughtful decisions on the use of opportunities provided by the WTO. Although the requirements are numerous, the freedom to decide about these requirements is not small. This last aspect is a key issue to consider in terms of the impact of the WTO on trade policy and market access conditions.

The focus of the research is the topic of compulsory licencing, the right under the Agreement on Trade-Related Aspects of Intellectual Property Rights for countries to use patented medicines without the patent holder’s consent as a form of relief (flexibilities) for developing countries. The research aims to assess whether the application of compulsory licencing has fulfilled its primary goals and purpose. The research problem is the inconsistency between the compulsory licencing application in practice and the original purpose. It is reflected in the mass use of this right by countries with higher incomes and, secondly, in the symbolic presence of contagious diseases. That was investigated using the Generalized Linear Model. The results confirmed that the actual situation of public health and the income level of beneficiaries had been marginalised as grounds for exercising compulsory licencing. The arbitrary application of compulsory licencing has led to the situation that the poorest countries, with the most significant health crises, remain in the background of this World Trade Organisation mechanism.

Gathering evidence is of utmost importance in any legal proceeding. However, sometimes, one of the parties may hide specific evidence, which complicates the adjudicators’ reaching of a fair conclusion. For such cases, judges or arbitrators can use several tools, one of which is adverse inference. An adverse inference is a negative conclusion that may be drawn from a party’s failure to provide some evidence without a valid excuse for non-production. By drawing it, adjudicators assume this evidence would harm the party’s interests. At the same time, adverse inference is quite a radical tool because it may strongly impact the final decision. Because of this, adjudicators are sometimes cautious about using it. This paper analyzes the notion of adverse inference in the context of the dispute resolution mechanism available in the WTO. In particular, three cases were summarized in which the Appellate Body made interesting findings regarding the application of adverse inference. As a result of the work, conclusions from these cases are made that can be used by lawyers in future WTO disputes, as well as in other international and national dispute resolution fora.

The current stage of development of international trade relations is followed by a growing protectionism. At the same time, the ideas of free trade and fair competition are still declared as key principles for the development of the world economy. One of the authors of these principles, as well as the entire modern system of international trade relations, is the USA. In this context, the possible refusal of the USA to comply with these principles is a serious challenge for the existing system of international trade. The author tries to answer the question if some measures of the US trade and industrial policy correspond to the basic principles of the international trade system. As an empirical basis there were used the works of Russian and foreign economists specializing in trade policy, international economic relations and the US economy. To answer the stated question about the compliance of the US trade and industrial policy with the principles of free trade and fair competition, the author uses methods of analysis and generalization to assess the nature of certain measures and mechanisms implemented in the US trade and industry. The author comes to conclusion about the protectionist nature of several legal acts and mechanisms of the US trade and industrial policy. Considering that not only certain legal acts, but also industrial programs are protectionist in nature, it should be assumed that retreat from the principles of free trade and fair competition is an element of the US position on the development of the national economy as well as international trade. The USA takes advantage of the imperfections of the existing system of international economic relations, demonstrating the use of protectionist measures contrary to the principles of free trade and fair competition.

A major economic rationale for trade agreements is limiting mutually harmful terms-of-trade externalities. We analyse the impact of market power on tariff commitments of original and acceded WTO members. As countries grow, their market power in different sectors can change in unforeseen ways. To quantify the economic significance of our estimates, we compare actual and predicted tariff commitments under current market power. We find that tariff cuts required to reflect current economic conditions would amount to up to $26.4 billion – nearly 10% of global tariff costs. In the past, the GATT/WTO system has updated tariff commitments through periodic 'rounds', and our findings support the long-overdue revival of the WTO's negotiation function. [ABSTRACT FROM AUTHOR]

Domestic support reforms remain an unresolved and contentious issue in the WTO agricultural negotiations. There are proposals to halve the current global trade-distorting domestic support entitlements by 2030, where members would have to undertake reductions proportionate to their existing domestic support entitlements. This study critically examines the implications of the proportional reduction approach on the policy space of 164 WTO members to support their farmers. The results show that this approach fails to address the issues and concerns of developing members regarding domestic support reforms, and these members would be required to undertake higher reduction commitments than their developed counterparts. Additionally, the per-farmer entitlement for developed members would remain massive under this approach. Contrary to general belief, the least developed countries would lose half of their flexibility to support their farmers. Further, the proposed approach would dilute the existing special and differential treatment for developing, and least developed, members. [ABSTRACT FROM AUTHOR]

This article pays tribute to Professor Armand de Mestral, a revered figure in international and international trade law from the McGill Law faculty. With a career spanning over forty years, he notably contributed to legal scholarship and policy, held the Jean Monnet Chair, and served as an arbitrator in various international tribunals. Professor de Mestral's work in EU law and regional trade agreements, coupled with his leadership in the Canadian Red Cross Society, highlights his profound influence in both academia and social justice. His legacy continues to inspire future generations in the field of international law. [ABSTRACT FROM AUTHOR]