Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Columbia Law School

WTO

Antitrust and Trade Regulation

Articles 1 - 13 of 13

Full-Text Articles in Law

Domain-Specific Plurilateral Cooperation As An Alternative To Trade Agreements, Bernard M. Hoekman, Charles F. Sabel Jan 2021

Domain-Specific Plurilateral Cooperation As An Alternative To Trade Agreements, Bernard M. Hoekman, Charles F. Sabel

Faculty Scholarship

At the end of 2017 different groups of WTO members decided to launch talks on four subjects, setting aside the WTO consensus working practice. This paper argues that these ‘joint statement initiatives’ (JSIs) should seek to establish open plurilateral agreements (OPAs) even in instances where the outcome can be incorporated into existing schedules of commitments of participating WTO members. Designing agreements as OPAs provides an institutional framework for collaboration among the responsible national authorities, transparency, mutual review, and learning, as well as alternatives to default WTO dispute settlement procedures which may not be appropriate for supporting cooperation on the matters ...


Unintended Agency Problems: How International Bureaucracies Are Built And Empowered, Anu Bradford, Stavros Gadinis, Katerina Linos Jan 2018

Unintended Agency Problems: How International Bureaucracies Are Built And Empowered, Anu Bradford, Stavros Gadinis, Katerina Linos

Faculty Scholarship

The ground underneath the entire liberal international order is rapidly shifting. Institutions as diverse as the European Union, International Monetary Fund, United Nations, and World Trade Organization are under major threat. These institutions reflect decades of political investments in a world order where institutionalized cooperation was considered an essential cornerstone for peace and prosperity. Going beyond the politics of the day, this Article argues that the seeds of today’s discontent with the international order were in fact sown back when these institutions were first created. We show how states initially design international institutions with features that later haunt them ...


From Sunshine To A Common Agent: The Evolving Understanding Of Transparency In The Wto, Petros C. Mavroidis, Robert Wolfe Jan 2015

From Sunshine To A Common Agent: The Evolving Understanding Of Transparency In The Wto, Petros C. Mavroidis, Robert Wolfe

Faculty Scholarship

Transparency obligations have undergone substantial transformations since the inception of the General Agreement on Tariffs and Trade (GATT) in 117 1947. From an obligation to publish general laws affecting trade, the system now includes peer review by governments (in the form of monitoring and surveillance) and efforts to inform the public. These accomplishments are remarkable, but much remains to be done. Originally designed for a handful of developed countries, the global trading system now must provide an expanded knowledge base that benefits 160 member states, millions of economic actors, and hundreds of millions of citizens with inadequate resources to acquire ...


Competition Policy And Free Trade: Antitrust Provisions In Ptas, Anu Bradford, Tim Buthe Jan 2015

Competition Policy And Free Trade: Antitrust Provisions In Ptas, Anu Bradford, Tim Buthe

Faculty Scholarship

Trade agreements increasingly contain provisions concerning ‘behind-the-border’ barriers to trade, often beyond current World Trade Organization (WTO) commitments (Dur, Baccini and Elsig 2014). Today’s preferential trade agreements (PTAs) may include, for instance, rules regarding ‘technical’ barriers to trade that go beyond the WTO’s Agreement on Technical Barriers to Trade (TBT Agreement), accelerating the replacement of differing national product safety standards with common international standards and thus reducing the trade-inhibiting effect of regulatory measures (Buthe and Mattli 2011; World Trade Organization 2012). Today’s PTAs may also go beyond WTO rules in prohibiting preferences for domestic producers in government ...


From Sunshine To A Common Agent: The Evolving Understanding Of Transparency In The Wto, Petros C. Mavroidis, Robert Wolfe Jan 2015

From Sunshine To A Common Agent: The Evolving Understanding Of Transparency In The Wto, Petros C. Mavroidis, Robert Wolfe

Faculty Scholarship

Transparency obligations have undergone substantial transformations since the inception of the GATT in 1947. The paper begins by tracing the evolution of transparency principles during the WTO era. From an obligation to publish general laws affecting trade, the system now includes peer review by governments (monitoring and surveillance), and efforts to inform the public. The system is remarkable for what has been accomplished, but much remains to be done. Originally designed for a handful of developed countries, the system now provides an expanded knowledge base that benefits states, economic actors and citizens with inadequate resources to acquire information on their ...


When The Wto Works, And How It Fails, Anu Bradford Jan 2010

When The Wto Works, And How It Fails, Anu Bradford

Faculty Scholarship

This Article seeks to explain when an international legal framework like the WTO can facilitate international cooperation and when it fails to do so. Using an empirical inquiry into different agreements that the WTO has attempted to facilitate – specifically intellectual property and antitrust regulation – it reveals more general principles about when and why the WTO can facilitate agreement in some situations and not others. Comparing the successful conclusion of the TRIPs Agreement and the failed attempts to negotiate a WTO antitrust agreement reveal that international cooperation is likely to emerge when the interests of powerful states are closely aligned and ...


When The Wto Works, And How It Fails, Anu Bradford Jan 2010

When The Wto Works, And How It Fails, Anu Bradford

Faculty Scholarship

This Article seeks to explain when an international legal framework like the WTO can facilitate international cooperation and when it fails to do so. Using an empirical inquiry into different agreements that the WTO has attempted to facilitate — specifically, intellectual property and antitrust regulation — it reveals more general principles about why the WTO can facilitate agreement in some situations and not in others. Comparing the successful conclusion of the TRIPS Agreement and the failed attempts to negotiate a WTO antitrust agreement indicates that international cooperation is likely to emerge when the interests of powerful states align and when concentrated interest ...


International Antitrust Negotiations And The False Hope Of The Wto, Anu Bradford Jan 2007

International Antitrust Negotiations And The False Hope Of The Wto, Anu Bradford

Faculty Scholarship

Multinational corporations (“MNCs”) operate today in an increasingly open global trade environment. While tariff barriers have collapsed dramatically, several states and numerous scholars have raised concerns that the benefits of trade liberalization are undermined by various non-tariff barriers (“NTBs”) to trade, including the anticompetitive business practices of private enterprise. As a result, demands to link trade and antitrust policies more closely by extending the coverage of the World Trade Organization (“WTO”) to incorporate antitrust law have gathered momentum over the last decade.


The Byrd Amendment Is Wto-Illegal: But We Must Kill The Byrd With The Right Stone, Jagdish N. Bhagwati, Petros C. Mavroidis Jan 2003

The Byrd Amendment Is Wto-Illegal: But We Must Kill The Byrd With The Right Stone, Jagdish N. Bhagwati, Petros C. Mavroidis

Faculty Scholarship

On 16 January 2003, the WTO Appellate Body issued its report on United States – Continued Dumping And Subsidy Offset Act Of 2000 (WTO Doc. WT/DS217 and 234/AB/R). In this report, the Appellate Body condemned the so-called US Byrd Amendment by finding that it was inconsistent with the US obligations under the WTO Agreements on Antidumping (AD) and Subsidies and Countervailing Measures (SCM).


Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis Jan 2002

Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

At the recent WTO ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition, on the basis of explicit consensus on modalities to be agreed at the 5th WTO ministerial in 2003. Discussions in WTO since 1997 have revealed little support for ambitious multilateral action. Proponents of WTO antitrust disciplines currently propose an agreement that is limited to ‘core principles’ – nondiscrimination, transparency, and provisions banning ‘hard core’ cartels. We argue that an agreement along such lines will create compliance costs for developing countries while not addressing the anticompetitive behavior of firms located ...


It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis Jan 2002

It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis

Faculty Scholarship

In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTIO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argue that as a general matter these are best handled outside the WTO, and that, while implicit links might be encouraged, explicit links between the WTO and other labor and environmental ...


The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis Jan 1998

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

  1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
  2. international custom as evidence of a general practice accepted as law;
  3. the general principles of law recognized by civilized nations;
  4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly ...


The World Trade Organization's Agreement On Government Procurement: Expanding Disciplines, Declining Membership?, Bernard Hoekman, Petros C. Mavroidis Jan 1995

The World Trade Organization's Agreement On Government Procurement: Expanding Disciplines, Declining Membership?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

The Agreement on Government Procurement (GPA) – originally negotiated during the Tokyo Round – was renegotiated for the second time during the Uruguay Round. It is one of the WTO's so-called Plurilateral Agreements, in that its disciplines apply only to those WTO Members that have signed it. In contrast to most of the other Tokyo Round codes – e.g., the agreements on technical barriers to trade (standards), import licensing, customs valuation, subsidies, and antidumping – the GPA could not be 'multilateralized'. With the reintroduction of agriculture and textiles and clothing into the GATT, procurement has therefore become the major 'hole' in the ...