Found 8 article(s) for author 'Mark Wu'

China’s Export Restrictions and the Limits of WTO Law

China’s Export Restrictions and the Limits of WTO Law. Mark Wu, October 2017, Paper, “In recent years, China has enacted export restrictions on a range of minerals and other raw materials. They include export quotas, export duties, export licenses, and other administrative actions. Although such export restrictions have already been found to be inconsistent with China’s WTO obligations, the practice persists. This article advances an explanation for why this is the case. It argues that the problem lies with the lack of retrospective remedies in WTO dispute settlement. Consequently, China is able to breach its WTO obligations temporarily with minimal consequence. Although such restrictions may have negative consequences for upstream extraction firms, China is able to implement the restrictions because several upstream firms are state-owned enterprises.” Link

Tags: , , , , , , ,

Trade and Agricultural Disease: Import Restrictions in the Wake of the India – Agricultural Products Dispute

Trade and Agricultural Disease: Import Restrictions in the Wake of the India – Agricultural Products Dispute. Mark Wu, December 14, 2016, Paper, “Trade in agricultural products raises sensitivities, particularly when imports originate from a trading partner experiencing an outbreak of some type of agricultural disease. In this article, we explain why despite the negative externalities associated with diseased imports, an importing country is generally not permitted to ban such imports outright under WTO law. Rather, it is allowed to do so only under fairly specific circumstances. We also highlight how the recent India – Agricultural Products ruling contributes to the jurisprudence of two issues concerning the SPS Agreement: the interpretation of international standards, and the relationship between the risk assessment and scientific evidence requirements.Link

Tags: , , , , , ,

The ‘China, Inc.’ Challenge to Global Trade Governance

The ‘China, Inc.’ Challenge to Global Trade Governance. Mark Wu, May 13, 2016, Paper, “In the past decade, the World Trade Organization (WTO) has adjudicated over forty disputes involving China and other powerful economies. These cases are often trumpeted as a sign of the enduring strength of the trade regime and the efficacy of international law in managing geopolitical tensions associated with China’s rise. This Article suggests that this positive assessment obfuscates dangers lurking on the horizon. It explains why the rise of China presents a major challenge to the multilateral trade regime. At the heart of this challenge is the fact that China’s economic structure is sui generis — having evolved in a manner largely unforeseen by those negotiating WTO treaty law.Link

Tags: , ,

Understanding Agricultural Price Range Systems as Trade Restraints: Peru – Agricultural Products

Understanding Agricultural Price Range Systems as Trade Restraints: Peru – Agricultural Products. Mark Wu, August 18, 2015, Paper. “An agricultural price range system (PRS) aims to stabilize local prices in an open economy via the use of import duties that vary with international prices. The policy is inherently distortionary and welfare-reducing for a small open economy, at least according to the canonical economic model. We offer an explanation for why a government concerned with national welfare may nevertheless implement such a policy when faced with risk aversion and imperfect insurance markets…Link

Tags: ,

US should not negotiate free trade behind closed doors

US should not negotiate free trade behind closed doors. Mark Wu, May 26, 2015, Opinion. “Many Americans who think free trade can be good for them nevertheless doubt whether the same can be said for the international trade agreements that are actually being written, often in conditions of secrecy.  The Trans-Pacific Partnership , an agreement that the US is negotiating with 11 Pacific Rim countries, is a case in point. Beyond the few paragraphs on the White House website, most Americans have little idea what it contains. Even members of Congress have to go to a secure room in the basement to read the latest negotiating text…Link

Tags: , ,

The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime

The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime. Mark Wu, 2014, Book Chapter. “Trade and investment are inextricably linked, not just in practice but also in treaty law. Since the earliest days of friendship, commerce, and navigation (FCN) treaties, trade-related treaties have incorporated provisions addressing investment-related concerns, such as rules on establishment and expropriation.’ Despite these linkages, the two spheres of trade and investment have largely co-existed in parallel, aware of each other’s presence but…” May require purchase or user account. Link

Tags: , , ,

Safeguards and the Perils of Preferential Trade Agreements

Safeguards and the Perils of Preferential Trade Agreements. Mark Wu, September 22, 2013, Paper. “The legal-economic implications of how WTO members apply an import-restricting safeguard measure become more complex in light of the increasing web of trade concessions undertaken through their preferential trade agreements (PTAs) in addition to their WTO commitments. This paper examines a number of complex issues that arose in the WTO litigation between five new PTA partners through the Dominican Republic – Safeguard Measures disputes. First, we highlight the difficulties in assessing…” May require purchase or user account. Link

Tags: ,

The Law of the World Trade Organization (WTO): Documents, Cases and Analysis 2d (American Casebook Series), Second Edition

The Law of the World Trade Organization (WTO): Documents, Cases and Analysis 2d (American Casebook Series), Second Edition. Mark Wu, July 24, 2013, Book. “This volume discusses the law of the World Trade Organization (WTO), the global forum for trade liberalization. It discusses in exhaustive manner the legal framework governing international trade that evolves out of the treaty regime and elaborates upon the major case law issued by the WTO. It further includes references to academic scholarship critiquing the caselaw, as well as discussions of the economic and political science…” May require purchase or user account. Link

Tags: , ,