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Disputes within the WTO of TB neo-protectionist policies

Disputes within the WTO of TB neo-protectionist policies

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Since GATT and WTO foundation, some disputes have occurred between their full member regarding the adoption of export restrictions, which has generated a neo-protectionism or "reverse protectionism", which is not yet properly regulated within the multilateral trading system. This article aims to present an analysis of the export restrictions in int...

Context in source publication

Context 1
... analyzing the disputes related to TB or tariff measures that have been presented within the WTO, Table 4 shows that the eight disputes have been related to rare earth elements and raw materials; and in all cases, the country sued has been the People's Republic of China. ...

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Citations

... In order to test the proposed methodology, we conducted a case study with the export of cheese from Colombia, because in this country the export of fresh cheese represented in 2017 about USD 1,3 million equivalent to 5,74% of total dairy exports in the country (INTRACEN, 2018a;DANE, 2018). Additionally, Colombia has been facing a process of commercial opening since the 90s, and then the configuration of the multilateral trading system after the origins of the World Trade Organization (WTO) (Baena & Cano, 2018a). This situation has encouraged the creation of several trade agreements and participation in economic blocks for trade liberalization such as the Pacific Alliance (MINCIT, 2018;. ...
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This article aims to provide a quantitative methodology of easy implementation and understanding in order to support the international market selection (IMS). The proposed methodology allows weighing factors related to cost, logistics, trade barriers, and culture. In order to validate the proposed methodology, we study the international market selection for cheese from Colombia, and we apply a sensitivity analysis which tests the impact of these weights. In this sense, it is concluded that France is the most appropriate market followed by the Netherlands according to the weights assigned to the variables and factors.
... Thus, there is remarkable deficiency in the current legal framework given that TB and NTB for exports seem not to be adequately regulated by the WTO which has led to special situations where the new members in the WTO must sign clauses on their protocols of accession that include the prohibition of export restraints (Korinek & Bartos, 2012). Likewise, the states signing free FTA are including clauses where members prohibit the use of export restraints (Mildner & Lauster, 2011), leading to parallel international trade policies and undermining the rules of the multilateral trading system contained in the GATT's provisions and the legal texts managed by the WTO (Baena, 2016;Baena & Cano, 2018). ...
... Source: Based on Bouet and Laborde (2010) Thus, according to Baena and Cano (2018), the reverse protectionism for exports seems to be more popular and they are increasingly included in new trade agreements, showing some problems in the multilateral trading system related with the export restraints. Therefore, this type of trade policies tends to be relatively recent given that the restrictions to the export of goods were not regulated by the GATT due to the low application by the countries in the international trade (Lambert & Rueffer, 2010). ...
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Currently, several lawsuits have been established into the World Trade Organization (WTO) dispute settlement body related with the use of some trade policies where countries block their exports abroad as a sort of protectionism which is not entirely regulated by the multilateral trading system. Therefore, this scenario is pushing states to sign particular commitments on the accession protocol of the WTO in order to be new members, besides to develop parallels legal frameworks through Free Trade Agreements (FTA) that undermine the current legal system. All these differences usually cite articles from the General Agreement and Tariffs on Trade (GATT) and others legal texts, therefore, the multilateral trading system requires to perform a new round of negotiations for adjusting some obsoletes rules, especially when considering the increase of the "reverse protectionism" due to the depletion of natural resources which leads to new challenges for international relations.