Everything you always wanted to know about wto accession (but were afraid to ask)

In this paper, the authors explore the complex, long, and unique process of accession to the World Trade Organization, with its intertwined economic, legal, and political dimensions. Referring to country case studies and sector-specific issues, the paper organizes some of the current reflections on the topic around three main themes. First, it explores the rationale of accession to the World Trade Organization: Why would new members join the WTO? And why would incumbent members let new members in? Second, it analyzes the World Trade Organization accession process in detail: What are the main characteristics and challenges of the accession process? Has it evolved over time, and how? Third, the paper looks at the implementation of World Trade Organization accession deals: Is accession the end or the beginning of the story? What are the implications for the participating countries and the multilateral trading system?World Trade Organization,Economic Theory&Research,Trade and Services,Trade Law,Debt Markets

Between a Rock and a Hard Place

The perception of the WTO is currently one of an organisation in crisis. Yet, appraisal varies regarding its extent and seriousness: Is it merely a rough time or are we standing on the edge of destruction? The article will trace developments inside as well as outside the WTO in order to assess the magnitude of the crisis. It will be argued that while certain developments inside the organisation, when seen in accumulation would already warrant serious attention, only together with developments taking place outside of the WTO, the two strands of developments unfold their full potential for the crisis. The overall situation renders the WTO in a difficult position, as it is currently unable to adapt to these challenges, while keeping calm and carrying on might similarly further the crisis. While States might improve and further develop their trade relations in bi- and plurilateral agreements, it is only the WTO that reflects and stands for the multilateral post (cold) war order

Taiwan\u27s WTO Membership and its International Implications

In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member. This article explores some implications of this unique situation for Taiwan, for the WTO, and for international law. The article contends that Taiwan\u27s membership in the WTO is not itself a bilateral treaty with China and does not itself change the legal relationship between Taiwan and China. What Taiwan\u27s membership does do, however, is to establish some rule of law between Taiwan and China and to give Taiwan standing in an international tribunal should it wish to assert that China has violated WTO rules. The parallel memberships of Taiwan and China also provide a neutral international forum for those two governments to meet and negotiate if needed. The article also points out some dangers to the WTO that stem from Taiwan\u27s exclusion from international standard-setting organizations. The article recommends that the WTO do more to assist Taiwan in carrying out its WTO obligations that involve the international community. In joining the WTO, Taiwan has enhanced its sovereignty in the modern sense of being able to participate in world governance. So far, Taiwan\u27s membership in the WTO has not facilitated its quest for a capacity to participate in the World Health Organization

Taiwan\u27s WTO Membership and its International Implications

In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member. This article explores some implications of this unique situation for Taiwan, for the WTO, and for international law. The article contends that Taiwan\u27s membership in the WTO is not itself a bilateral treaty with China and does not itself change the legal relationship between Taiwan and China. What Taiwan\u27s membership does do, however, is to establish some rule of law between Taiwan and China and to give Taiwan standing in an international tribunal should it wish to assert that China has violated WTO rules. The parallel memberships of Taiwan and China also provide a neutral international forum for those two governments to meet and negotiate if needed. The article also points out some dangers to the WTO that stem from Taiwan\u27s exclusion from international standard-setting organizations. The article recommends that the WTO do more to assist Taiwan in carrying out its WTO obligations that involve the international community. In joining the WTO, Taiwan has enhanced its sovereignty in the modern sense of being able to participate in world governance. So far, Taiwan\u27s membership in the WTO has not facilitated its quest for a capacity to participate in the World Health Organization

Challenges of “On Terms to Be Agreed” in WTO: LDC’s Experiences for Ethiopian

Ethiopia has been in the process of accession to the WTO since January 2003. Accession to the WTO is not an end by itself but it’s a key element for speed up national development goal directly or indirectly. Indeed, lessons from recently accessed countries indicate that, the WTO accession process is quit complex and demands well preparation in order to take decisions on trade policy reforms to meet the requirement of accession. Thus, this article examines the experience of Least Developed Countries which has been finalized their WTO accession process i.e. Cambodia, Nepal, and Yemen. Finally, the article has found that, in toting up to personal knowledge and skill of negotiators, Ethiopia shall bargain after deep studies on the commitment packages to reduce possible challenges and to prepare for remedy by formalizing institutional mechanisms open for stakeholder’s participation. Key terms: WTO Accession Process, Experiences of LDC’s, Ethiopia Accession DOI: 10.7176/JLPG/86-02 Publication date:June 30th 201

FTAs\u27 Contribution Towards a More Flexible Copyright Space: Possibilities and Limits

Free Trade Agreements (FTAs) have often been considered instruments for heightened intellectual property rights protection, thereby in detriment of a more flexible copyright space. However, since the adoption of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, some FTAs have been incorporating a clause on the “Balance in Copyright and Related Rights Systems.” Among these, the Regional Comprehensive Economic Partnership Agreement and, more recently, the 2021 Australia-U.K. FTA contain such a clause. In addition, more discrete FTAs, such as the AustraliaPeru FTA, also incorporate similar provisions. This article considers what incorporating such clauses in FTAs means for the interpretation of the three-step test embedded in Article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which is key for enabling a more flexible copyright space. This article seeks to understand whether FTAs’ clauses on “Balance in Copyright and Related Rights Systems” can support a more flexible interpretation of the three-step test in the context of the World Trade Organization dispute settlement system

Ethiopia’s accession to the world trade organisation: lessons from acceded least developing countries

This article examines the experiences of least developing countries (LDCs) acceded to World Trade Organisation (WTO) in relation to their accession process, terms of accession and implementation of commitments with a view to drawing lessons which could be relevant to Ethiopia to devise successful strategies and avoid mistakes in an effort to gain maximum benefits from its WTO membership. Given that accession to the WTO is not an end in itself, Ethiopia should carefully and strategically negotiate to reap the potential benefits of membership in light of its long-term development strategies.Keywords: WTO Accession, LDCs, Ethiopi

The accession of Ethiopia to the WTO in the context of its policy on "developmental state"

Unlike many other international instruments, accession to the WTO does not simply require the commitment of the government to sign and ratify the multilateral agreements. A country needs to make considerable legislative and administrative changes to comply with the standards of the WTO and its members to finalize the negotiation for accession. For governments with impure free market economy policy the challenges amplify. The government of Ethiopia publicly pronounces its adherence to the ideology of the developmental state. On the other hand the nucleus of WTO principles is progressive trade liberalization. Therefore, this dissertation tries to provide some reflection on the paradox created as a result of the divergence in priority between WTO principles and developmental state in the context of Ethiopian desire to join the organization. The research is an interdisciplinary work. The issues that will be discussed are not purely legal in their nature. They have legal, political and economic dimensions. And the main focus of the paper is on trade in services and foreign investment negotiation aspect of the accession. Furthermore the objective of the dissertation is to give some insight for policy makers about the challenges and opportunities that „Developmental State‟ ideology will pose in the accession process of Ethiopia to the WTO. The research is divided into five chapters. Chapter one gives introductory remarks about the concept of the developmental state and accession to the WTO. The limitations of the WTO accession process and an overview of the features of developmental state in the world and particularly in Ethiopia are also briefly discussed in the chapter. The origin and concept of developmental state in the world, in Africa and Ethiopia is discussed in some detail under chapter two. The chapter also tries to show the impact of developmental state policies in the laws of the country that are going to be deliberated in the process of accession. Chapter three is about accession to the WTO. In this chapter the requirements, benefits, challenges and procedures of accession are dealt in depth. The writer debates and tries to show the fact that the system is slowly shifting from rule based negotiation to power and precedent based negotiation. By analyzing the laws of Ethiopia that are inspired by the principles of developmental state against the legal and precedent requirements to join the WTO, I tried to correlate the findings of chapter two and three in chapter four. Specific strategies and advises on how to move the negotiation forward on certain areas are also outlined in this chapter. Finally, conclusion and my summarized recommendations are placed under chapter five.EconomicsLL. M. (with specialization in International Economic Law

The legal nature of WTO obligations: bilateral or collective?

Magister Legum - LLMSouth Afric