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Technical standards are increasingly determining the development, production, trade in and marketing of goods and services. In order to ensure that technical regulations and product standards which vary from country to country do not create unnecessary obstacles to trade the Agreement on Technical Barriers to Trade was adopted during the Uruguay Round. It is paralleled by the Agreement on Sanitary and Phytosanitary Measures which sets out the basic rules on how governments can apply food safety as well as animal and plant health measures without, however, using them as an excuse for protecting domestic producers. Prominent decisions under the WTO Dispute Settlement have interpreted those provisions. This volume gives a detailed account of the necessary parameters for technical standards and measures seeking to protect health and environment. Included are commentaries on Articles III, XI and XX of GATT 1994 which are equally relevant in this context. The article by article commentaries draw from a considerable body of case law, the work by the TBT and SPS Committee and the relevant legal literature. Attention is given to substantive requirements as well as the necessary standard setting procedures. Apart from a thorough analysis of the relevant and most recent jurisprudence including the Biotech Panel Report the commentary seeks to give answers to newly emerging issues, such as special needs of developing countries. It is an indispensable tool for practitioners and academics working in this field of WTO law.

As tariffs on imports of manufactures have been reduced as a result of multi-lateral trade negotiations, interest in the extent to which existing nontariff barriers may distort and restrict international trade is growing. Accurate and reliable measures are needed in order to address the issues involving the use and impacts of nontariff barriers. This study assesses currently available methods for quantifying such barriers and makes recommendations as to those methods that can be most effectively employed. The authors focus both on the conceptual issues arising in the measurement of the different types of nontariff barriers and on the applied research that has been carried out in studies prepared by country members of the OECD Pilot Group and others seeking to quantify the barriers. Nontariff barriers include quotas, variable levies, voluntary export restraints, government procurement regulations, domestic subsidies, and antidumping and countervailing duty measures. The authors discuss the many different methods available for measuring the effects of these and other nontariff barriers. Illustrative results are presented for industrial OECD countries, including Australia, Canada, Germany, Norway, the European Union, the United Kingdom, and the United States. Finally, the authors offer guideline principles and recommend procedures for measuring different types of nontariff barriers. Economists, political scientists, government officials, and lawyers involved in international trade will find this an invaluable resource for understanding and measuring NTBs. Alan V. Deardorff and Robert M. Stern are Professors of Economics and Public Policy, University of Michigan.

This book examines the international regulation of crisis bailouts and buy national policies from a competition perspective. It undertakes this research with specific reference to the crisis years 2008–2012. The book includes a comparative analysis of the regulation of public procurement and subsidies aid at both multilateral and regional levels, identifying the strengths and weakness in the WTO legal framework and selected regional trade agreements (RTAs). Ultimately, the aim of this work is to provide options for improving the consistency of these laws and the regulation of these markets. This is of immediate relevance for good economic governance, as well as for managing future systemic financial crises in the interests of citizens: as tax payers and consumers. Volume 17 in the series Hart Studies in Competition Law

The greatest achievement of ASEAN's intra-regional economic cooperation since its inception in 1976 is the realization of the ASEAN Free Trade Area (AFTA), which started with tariff cuts in 1993. AFTA was completed in January 2018 with the elimination of intra-regional tariffs. The AFTA itself is an FTA of an unusually high standard internationally, with the level of liberalization exceeding even that of the TPP 11. However, when examined from the aspect of utilization, in the case of Thailand's exports to ASEAN, more than 30% do not use AFTA for one reason or another. This indicates that there are points of improvement in the system of the AFTA and in the customs procedures that are indispensable in using the AFTA. Furthermore, some member countries have introduced non-tariff barriers to protect their domestic industries while eliminating tariffs, which is contrary to the principles of AFTA. ASEAN has been expanding the scope of its economic cooperation since 2008 with the aim of establishing the ASEAN Economic Community (AEC), but even so, what the industrial world is seeking in the \"post-AFTA\" periods are trade-related measures such as the \"facilitation of customs procedures\" and the \"elimination of non-tariff barriers.\" Nowadays, when mega FTAs such as RCEP and TPP11 is being constructed one after another, ASEAN needs to transform itself into the most advanced regional cooperation organization in terms of liberalization level, scope, and rules if it is to maintain its centripetal force for direct investment.

As tariffs have fallen worldwide, the increasing importance of non-tariff policies for further trade liberalization has become widely recognized. The methods for assessing the potential effects of such liberalization have lagged significantly behind those available for analyzing tariffs. This book is the first volume that comprehensively addresses this gap. It has been designed to be useful for both economists and policymakers, especially for those involved in communicating ideas and results between economists and policymakers. This indispensable book contains cutting-edge discussions of the full range of methodologies used in this area, including business surveys, summary statistics such as effective rates of protection and price gaps, time-series and panel econometrics, and simulation methods such as computable general equilibrium. It covers the entire spectrum of policies under discussion in current trade negotiations, including trade facilitation, services policies, quantitative measures, customs procedures, standards, movement of natural persons, and anti-dumping. Some prominent contributors to this book are Bijit Bora (World Trade Organization), John Wilson, Tsunehiro Otsuki and Vlad Manole (World Bank), Catherine Mann (Institute of International Economics), Alan Deardorff and Robert Stern (University of Michigan), Joe Francois (Erasmus University), Dean Spinanger (University of Kiel), Antoni Estevadeordal and Kati Suominen (Inter-American Development Bank), Thomas Prusa (Rutgers University), Thomas Hertel and Terrie Walmsley (Purdue University), Scott Bradford (Brigham Young University), Judith Dean, Robert Feinberg, Soamiely Andriamananjara and Marinos Tsigas (US International Trade Commission).

International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly carcinogenic asbestos-containing products or genetically modified crops? Does the WTO allow governments to protect dolphins or endangered sea turtles through the use of import restrictions on certain products? How can civil society participate in WTO dispute settlement? This Guide, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.

Various studies have been published that look at the regulatory frameworks for multilateral trade agreements and their economic advantages studies have examined regulatory environments of multilateral trade agreements, as well as the economic benefits of such arrangements. This study departs from the earlier studies by investigating the specific trade and employment benefits of SADC regional agreement on the member countries. Using annual dataset between 2000 and 2018 from both the SADC statistical centre and World Development Indicators, we deployed various diagnostics approaches to control for econometric biases that may render the results spurious and unreliable. The results of the non-tariff barrier model imply that, similar to export trade costs in the tariff model, investment in technology and the removal of tariff barriers are major factors in enhancing intra-regional trade among SADC nations. Thus, it is suggested that policies should be tailored towards improving export-processing infrastructure and related technological advancement in order to improve trade and alleviate unemployment concomitantly.

In Cooperation among Nations, Joseph M. Grieco offers a provocative answer to a fundamental question in world politics: How does the anarchical nature of the international system inhibit the willingness of states to work together even when they share common interests? Grieco examines the capacity of two leading contemporary theories—modem political realism and the newest liberal institutionalism—to explain national responses to the non-tariff barrier codes negotiated during the Tokyo Round of international trade talks. According to his interpretation of realist theory, Grieco characterizes states as \"defensive positionalists.\" As such, they often fail to cooperate because they fear that a joint endeavor, while producing positive gains for all participants, might also generate disparities in gains among the partners involved. Grieco demonstrates that this realist concept of defensive state positionalism gives rise to a better understanding of the systemic constraints on international collaboration and of the impact of anarchy on states than is offered by neoliberal institutionalism. Drawing on previously unreported archival materials, Grieco rigorously applies the two theories to an empirical analysis of the cooperative efforts of the United States and the European Community during the 1980s to regulate and reduce non-tariff trade barriers through the General Agreement on Tariffs and Trade.

Trade regulations are an important driver of supply chain strategy in many industries. For example, the textile, paper, chemical, and steel industries grapple with significant levels of non‐tariff barriers (NTBs) such as safeguard controls and countervailing duties. We explore three often observed supply chain strategies in industries subject to NTBs; direct procurement, split procurement, and outward processing arrangements (OPAs). We characterize the optimal procurement quantities for each of these three strategies, and examine how industry and country characteristics influence the firm's strategy preference. For example, we establish that the direct and split strategy profits increase in the NTB price variance but decrease in the mean price. These effects are sufficiently large that NTB price characteristics can dictate which supply chain strategy is preferred. Both the cost disadvantage and lead‐time advantage of domestic production are also significant influencers of the preferred strategy, as is the domestic‐country mandated production constraint associated with the OPA strategy.

This paper analyzes the evolution of the incidence and intensity of non-tariff measures (NTMs). It extends earlier work by measuring protection from NTMs over time from a newly available database and provides evidence on the evolution of NTMs. In particular, building on Kee et al. (Econ J 119(534): 172-199, 2009), this paper estimates the ad valorem equivalents of NTMs for 97 countries at the product level over the period 1997-2015. We show that the incidence and the intensity of NTMs were both increasing over this period, with NTMs becoming an even more dominant source of trade protection. We are also able to investigate the evolution of overall protection derived jointly from tariffs and NTMs. The results show that the overall protection level, for most countries and products, has not decreased despite the fall in tariffs associated with multilateral, regional and bilateral trade agreements in recent decades. We also document an increase in overall trade protection during the recent 2008 financial crisis. Overall, this study sheds light on an underresearched aspect of trade liberalization: the proliferation and increase of NTMs.