The Doha Agenda
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China's Participation in WTO Negotiations
China Perspectives 2012/1 | 2012 China’s WTO Decade From the Periphery to the Centre China's Participation in WTO Negotiations Henry Gao Electronic version URL: http://journals.openedition.org/chinaperspectives/5823 DOI: 10.4000/chinaperspectives.5823 ISSN: 1996-4617 Publisher Centre d'étude français sur la Chine contemporaine Printed version Date of publication: 30 March 2012 Number of pages: 59-65 ISSN: 2070-3449 Electronic reference Henry Gao, « China's Participation in WTO Negotiations », China Perspectives [Online], 2012/1 | 2012, Online since 23 August 2012, connection on 28 October 2019. URL : http://journals.openedition.org/ chinaperspectives/5823 ; DOI : 10.4000/chinaperspectives.5823 © All rights reserved Special feature China perspectives From the Periphery to the Centre China's Participation in WTO Negotiations HENRY GAO* ABSTRACT: In November 2001, China finally acceded to the World Trade Organization after a marathon accession negotiation that lasted 15 years. As China’s accession coincided with the launch of the Doha Round, many commentators predicted that China’s participation in the trade negotiations would have significant impacts on the Round. However, this has not proven to be the case. What have been the approaches taken by China in global trade negotiations? Why did China adopt these approaches? How did China’s different negotiating approaches affect the dynamics of trade negotiations? These are the questions addressed in this article. The paper argues that China started as a reluctant player in the negotiations, and only gradually made its way into the core decision-making group of the WTO rather late during the round. Even though China has now been accepted as a member of the G-7, the most powerful group in the WTO, it has been playing only supportive rather than leading roles. -
Three Approaches to Fixing the World Trade Organization's Appellate
Institute of International Economic Law Georgetown University Law Center 600 New Jersey Avenue, NW Washington, DC 20001 [email protected]; http://iielaw.org/ THREE APPROACHES TO FIXING THE WORLD TRADE ORGANIZATION’S APPELLATE BODY: THE GOOD, THE BAD AND THE UGLY? By Jennifer Hillman, Professor, Georgetown University Law Center* The basic rule book for international trade consists of the legal texts agreed to by the countries that set up the World Trade Organization (WTO) along with specific provisions of its predecessor, the General Agreement on Tariffs and Trade (GATT). At the heart of that rules-based system has been a dispute settlement process by which countries resolve any disputes they have about whether another country has violated those rules or otherwise negated the benefit of the bargain between countries. Now the very existence of that dispute settlement system is threatened by a decision of the Trump Administration to block the appointment of any new members to the dispute settlement system’s highest court, its Appellate Body. Under the WTO rules, the Appellate Body is supposed to be comprised of seven people who serve a four-year term and who may be reappointed once to a second four-year term.1 However, the Appellate Body is now * Jennifer Hillman is a Professor from Practice at Georgetown University in Washington, DC and a Distinguished Senior Fellow of its Institute of International Economic Law. She is a former member of the WTO Appellate Body and a former Ambassador and General Counsel in the Office of the United States Trade Representative (USTR). She would like to thank her research assistant, Archana Subramanian, along with Yuxuan Chen and Ricardo Melendez- Ortiz from the International Centre for Trade and Sustainable Development (ICTSD) for their invaluable assistance with this article. -
TRIPS and Pharmaceutical Patents
FACT SHEET September 2003 TRIPS and pharmaceutical patents CONTENTS Philosophy: TRIPS attempts to strike a balance 1 What is the basic patent right? 2 A patent is not a permit to put a product on the market 2 Under TRIPS, what are member governments’ obligations on pharmaceutical patents? 2 IN GENERAL (see also “exceptions”) 2 Exceptions 3 ELIGIBILITY FOR PATENTING 3 RESEARCH EXCEPTION AND “BOLAR” PROVISION 3 ANTI-COMPETITIVE PRACTICE, ETC 4 COMPULSORY LICENSING 4 WHAT ARE THE GROUNDS FOR USING COMPULSORY LICENSING? 5 PARALLEL IMPORTS, GREY IMPORTS AND ‘EXHAUSTION’ OF RIGHTS 5 THE DOHA DECLARATION ON TRIPS AND PUBLIC HEALTH 5 IMPORTING UNDER COMPULSORY LICENSING (‘PAR.6’) 6 What does ‘generic’ mean? 6 Developing countries’ transition periods 7 GENERAL 7 PHARMACEUTICALS AND AGRICULTURAL CHEMICALS 7 For more information 8 The TRIPS Agreement Philosophy: TRIPS attempts to strike a balance Article 7 Objectives The WTO’s Agreement on Trade-Related Aspects of The protection and enforcement of intellectual property Intellectual Property Rights (TRIPS) attempts to strike rights should contribute to the promotion of technological innovation and to the transfer and a balance between the long term social objective of dissemination of technology, to the mutual advantage providing incentives for future inventions and of producers and users of technological knowledge and creation, and the short term objective of allowing in a manner conducive to social and economic welfare, and to a balance of rights and obligations. people to use existing inventions and creations. The agreement covers a wide range of subjects, from Article 8 copyright and trademarks, to integrated circuit Principles designs and trade secrets. -
The Doha Agenda
Chapter 5 THE DOHA AGENDA The work programme lists 21 subjects. The original deadline of 1 January 2005 was missed. So was the next unofficial target of the end of 2006 At the Fourth Ministerial Conference in Doha, Qatar, in November 2001 WTO member governments agreed to launch new negotiations. They also agreed to work on other issues, in particular the implementation of the present agreements. The entire package is called the Doha Development Agenda (DDA). The negotiations take place in the Trade Negotiations Committee and its sub- sidiaries, which are usually, either regular councils and committees meeting in “special sessions”, or specially-created negotiating groups. Other work under the work programme takes place in other WTO councils and committees. The Fifth Ministerial Conference in Cancún, Mexico, in September 2003, was intent- ed as a stock-taking meeting where members would agree on how to complete the rest ON THE WEBSITE: of the negotiations. But the meeting was soured by discord on agricultural issues, www.wto.org including cotton, and ended in deadlock on the “Singapore issues” (see below). Real > trade topics > Doha Development Agenda progress on the Singapore issues and agriculture was not evident until the early hours www.wto.org > of 1 August 2004 with a set of decisions in the General Council (sometines called the the WTO > General Council July 2004 package). The original 1 January 2005 deadline was missed. After that, members unofficially aimed to finish the negotiations by the end of 2006, again www.wto.org > unsuccessfully. Further progress in narrowing members’ differences was made at the trade topics > Doha Development Agenda Hong Kong Ministerial Conference in December 2005, but some gaps remained > Trade Negotiations Committee unbridgeable and Director-General Pascal Lamy suspended the negotiations in July 2006. -
La Règle Du Jeu: France and the Paradox of Managed Globalization
La Règle du Jeu: France and the Paradox of Managed Globalization Rawi Abdelal Sophie Meunier Harvard Business School Princeton University [email protected] [email protected] To be presented at the Tenth Biennial Conference of the European Union Studies Association, Montreal, Canada, May 17‐19, 2007. We would like to thank Matthew Baldwin, Pascal Lamy, and Hubert Védrine for sharing their views with us. Thanks also to Suzanne Berger, Jean‐Francois Brakeland, Peter Katzenstein, and Nicolas Véron for their comments on an earlier version of this paper. All errors, of course, remain ours. A previous version of this paper was presented at the 2006 Annual Meeting of the American Political Science Association, August 30th‐September 3, 2006. La Règle du Jeu: France and the Paradox of Managed Globalization Abstract Globalization is often portrayed as a tidal wave that originated in the US and its policy of laissez‐faire liberalization. This paper argues, however, that globalization is not made only by striking down regulations, but also by making them. During the 1980s, French policy makers began to develop the doctrine of “managed globalization,” or what World Trade Organization (WTO) head Pascal Lamy calls today “globalization by the rules.” Central to the doctrine has been the French – and European – effort to make rules and build the capacity of international organizations such as the European Union (EU), Organization for Economic Cooperation and Development (OECD), International Monetary Fund (IMF), and WTO. These organizations then would have the authority to govern commercial and financial globalization. These organizations, however, have also used this capacity to promote liberalization. -
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Article IX of the WTO Agreement
WTO ANALYTICAL INDEX WTO Agreement – Article IX (Jurisprudence) 1 ARTICLE IX ................................................................................................................. 1 1.1 Text of Article IX ......................................................................................................... 1 1.2 Article IX:2: Interpretations by the Ministerial Conference and the General Council.............. 2 1.3 Article IX:3: Waivers .................................................................................................... 5 1.3.1 Interpretation of waivers ........................................................................................... 5 1.3.1.1 Exceptional nature of waivers .................................................................................. 5 1.3.1.2 Waivers cannot modify or add to obligations.............................................................. 6 1.3.1.3 Limited duration of waivers ..................................................................................... 7 1 ARTICLE IX 1.1 Text of Article IX Article IX Decision-Making 1. The WTO shall continue the practice of decision-making by consensus followed under GATT 1947.1 Except as otherwise provided, where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number -
Hong Kong Ministerial Conference: Bottom Lines for Ldcs in the Gats Negotiations
T.R.A.D.E Analysis October 2005 SC/TADP/TA/SV/2 Original: English Trade-Related Agenda, Development and Equity (T.R.A.D.E.) Analysis Series HONG KONG MINISTERIAL CONFERENCE: BOTTOM LINES FOR LDCS IN THE GATS NEGOTIATIONS SYNOPSIS This analytical note aims to assist least developed countries (LDCs) participate more actively in the General Agreement on Trade in Services (GATS) negotiations leading up to the Sixth Hong Kong Ministerial Conference of the World Trade Organisation in December 2005 by providing guidance on the final negotiating positions for LDCs in the GATS negotiations on market access and GATS rules in line with their development objectives. October 2005 Geneva, Switzerland This TRADE Analysis is produced by the South Centre to contribute to the better participation of developing countries in trade and development negotiations. Readers are encouraged to quote or reproduce the contents of this TRADE Analysis for their own use, but are requested to grant due acknowledgement to the South Centre and to send a copy of the publication in which such quote or reproduction appears to the South Centre. Electronic copies of this and other South Centre publications may be downloaded without charge from http://www.southcentre.org. T.R.A.D.E Analysis October 2005 SC/TADP/TA/SV/2 HONG KONG MINISTERIAL CONFERENCE: BOTTOM LINES for LDCs in the GATS NEGOTIATIONS TABLE OF CONTENTS I. INTRODUCTION...........................................................................................................3 II. NEGOTIATIONS ON SPECIFIC COMMITMENTS.......................................................3 -
FINAL IN-DEPTH EVALUATION “Implementation of the Doha Declaration: Towards the Promotion of a Culture of Lawfulness”
FINAL IN-DEPTH EVALUATION “Implementation of the Doha declaration: Towards the promotion of a culture of lawfulness” GLO/Z82 November 2020 UNITED NATIONS OFFICE ON DRUGS AND CRIME ~ INDEPENDENT EVALUATION SECTION UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna FINAL IN-DEPTH EVALUATION OF THE GLOBAL PROGRAMME “IMPLEMENTATION OF THE DOHA DECLARATION: TOWARDS THE PROMOTION OF A CULTURE OF LAWFULNESS” GLO/Z82 GLOBAL NOVEMBER 2020 UNITED NATIONS New York, 2020 UNITED NATIONS OFFICE ON DRUGS AND CRIME ~ INDEPENDENT EVALUATION SECTION This independent evaluation report was prepared by an evaluation team consisting of Punit Arora (Team Leader), Arvinder Sambei (judicial integrity expert), Sorin Dumitrașcu (prisoner rehabilitation and crime prevention expert), Ruta Avulyte (education for justice expert), Emanuel Lohninger (IES) and Katharina Kayser (IES). The Independent Evaluation Section (IES) of the United Nations Office on Drugs and Crime (UNODC) provides normative tools, guidelines and templates to be used in the evaluation process of projects. Please find the respective tools on the IES web site: http://www.unodc.org/unodc/en/evaluation/evaluation.html The Independent Evaluation Section of the United Nations Office on Drugs and Crime can be contacted at: United Nations Office on Drugs and Crime Vienna International Centre P.O. Box 500 1400 Vienna, Austria Telephone: (+43-1) 26060-0 Email: [email protected] Website: www.unodc.org Disclaimer The views expressed in this independent evaluation report are those of the evaluation team. They do not represent those of UNODC or of any of the institutions or Member States referred to in the report. All errors and omissions remain the responsibility of the evaluation team. -
The Case of Doha, Qatar
Mapping the Growth of an Arabian Gulf Town: the case of Doha, Qatar Part I. The Growth of Doha: Historical and Demographic Framework Introduction In this paper we use GIS to anatomize Doha, from the 1820s to the late 1950s, as a case study of an Arab town, an Islamic town, and a historic Arabian Gulf town. We use the first two terms advisedly, drawing attention to the contrast between the ubiquitous use of these terms versus the almost complete lack of detailed studies of such towns outside North Africa and Syria which might enable a viable definition to be formulated in terms of architecture, layout and spatial syntax. In this paper we intend to begin to provide such data. We do not seek to deny the existence of similarities and structuring principles that cross-cut THE towns and cities of the Arab and Islamic world, but rather to test the concepts, widen the dataset and extend the geographical range of such urban studies, thereby improving our understanding of them. Doha was founded as a pearl fishing town in the early 19th century, flourished during a boom in pearling revenues in the late 19th and early 20th century, and, after a period of economic decline following the collapse of the pearling industry in the 1920s, rapidly expanded and modernized in response to an influx of oil revenues beginning in 1950 (Othman, 1984; Graham, 1978: 255).1 As such it typifies the experience of nearly all Gulf towns, the vast majority of which were also founded in the 18th or early 19th century as pearl fishing settlements, and which experienced the same trajectory of growth, decline and oil-fuelled expansion (Carter 2012: 115-124, 161-169, 275-277).2 Doha is the subject of a multidisciplinary study (The Origins of Doha and Qatar Project), and this paper comprises the first output of this work, which was made possible by NPRP grant no. -
Chapter 17 the Seattle Ministerial Conference
CHAPTER 17 THE SEATTLE MINISTERIAL CONFERENCE The third WTO Ministerial Conference was held last year from November 30 to December 3 in Seattle, United States. The focus of the Conference was to be a decision on launching of the so-called “New Rounds,” which would be the next round of negotiations to follow the Uruguay Round, and corresponding decision on the scope and modalities of the new round. Article IV:1 of the Marrakesh Agreement Establishing the World Trade Organization (hereinafter, “WTO Agreement”) stipulates that “there shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years.” The first Ministerial Conference was held in Singapore in December 1996; the second, in Geneva, Switzerland in May 1998. The 1999 Conference was the third one. The four-day meeting did not reach a conclusion. At the same time, the launching of the new round was frozen and the Ministerial Declaration was not issued. It was decided that the discussion was suspended and will resume. This chapter contains an outline of the major developments regarding the new round of negotiations since the conclusion of the Uruguay Round, and brief comments on the preparation process for the Ministerial Conference and the discussions in Seattle. 1. Developments since the Conclusion on the Uruguay Round (1) First Ministerial Conference in Singapore (December 9-13, 1996) This was the first Ministerial Conference following the conclusion of the Uruguay Round in Marrakesh on April 15, 1994 and the transition from the GATT to the WTO in January 1995.