Wednesday, March 13, 2019
Nontariff barries Essay
In the Xia case, if the WTO were to rule in privilege of Brazil, which of the WTO trade agreements would convey the justification and why?AnswerBrazil banned imports of Xia goods from mainland China because at that place was allegations and unconfirmed speculation pertaining to Chinas use of hazardous materials (for example, overtake paint and potentially carcinogenic plastic and rubbers) to manufacture toys cheaply, which sparked consumer panic or so the globe. The imports of Xia goods were banned until the test was performed to guarantee that these goods do not possess either health risk. The Chinese government completely refuted this claim and fearing that another(prenominal)wise rude might follow the similar pattern, took the matter before WTO for re antecedent.If WTO were to rule in advance of Brazil, it would justify it on the basis of Technical Barriers to stack correspondence (TBT). This agreement is intended that technical regulations, standards and procedures o f conformity assessment do not unnecessarily international trade barriers, while recognizing the right of Members to take trammelive measures to achieve its legitimate bearings, including the imperatives of national security, the requirements in terms of quality, the protection of charit competent health or safety and the life or health of animals, works life, environmental protection and prevention practices likely to mislead. (Fliess and Schonfeld, 2011)TBT Agreement applies toTechnical regulations These ar measures that establish the features of a product and the processes and production methods which compliance is mandatory.Standards These ar measures authorize by a recognized body that provide, for common and repeated use, rules, guidelines or characteristics for products and processes and production methods which compliance is voluntary. The procedures for conformity assessment procedures that atomic number 18 used,directly or indirectly, to determine that relevant re quirements in technical regulations or standards are fulfilled.These measures should be applied just to extent necessary to protect human, plan or animal life and should be based on scientific principles. Since Xia goods are alleged to collapse some health risks, the temporary ban on its import was justified until it was provided that it is free of health hazards.2.If the details of the Xia case were thence presented to the WTO, explain what the WTO ruling would most likely be and why. AnswerThe objective of the dispute settlement mechanism is to secure a positive solution to a dispute. This is clearly to be preferred to a reciprocally delightful to the parties to the dispute and consistent with the covered agreements. Failure to reach a mutually agreed solution, the first objective of the dispute settlement mechanism is normally to secure the withdrawal of the measures concerned if these are found to be discrepant with the provisions of any of the covered agreements. Do not res ort to requital only where it is not feasible immediately suppress inconsistent with a covered agreement and as a temporary measure unfinished the withdrawal. The last resort which this Understanding to the Member invoking the dispute settlement procedures is the curtain raising of suspending a discriminatory manner against another Member, the application of concessions or other obligations under the covered agreements provided that the DSB authorize the adoption of these measures. (Raghavan, 2000).If it is therefore proved that Xia goods are manufactured from hazardous materials, the ruling of WTO is likely to be in advance of Brazil. In such a case, WTO is likely to define an international standard for Xias goods to be exported to other countries. If the quality of product falls below this minimum standard, the ban on imports will be justifiable. On the other hand, if goods from China are meeting these standards, the ruling would be in favor of China and Brazil would not be a ble to restrict its import.3.In the soya bean case, what was the measure adopted by the Chinese government to protect soy sauce farmers from import surges, and what are theWTO parameters for instituting such measures?AnswerChina imported 49% of Brazils soybean sued until July 2012. These were 17.1 million tones from 34.9 Total you bought. Thus, the South American country is located on the first exporter of oilseed Asian giant, the largest world(a) importer of the product. (Kassai and Colitt, 2013)Brazilian soybean exports to China were creation used to feed domestic helpated cattle and poultry stocks in China. This rise in the demand for soybeans reflected the baring by animal nutritionists that combining 1 part soybean meal with 4 parts grain, usually corn, in feed rations would sharply move on the efficiency with which livestock and poultry converted grain into animal protein.Chinese government restricted imports on soybean and argued that surge of imported soybeans and its turn down cost were negatively affecting the livelihood of domestic coastal farmers who were being forced to increase the domestic price of soybean to offset mold losses from flooding. Here, the Chinese government has used Agreement on precaution to protect soybean farmers from import surges. Such measures are used when change magnitude import of particular products seriously threatens the importing countrys domestic industry.WTO parameters for instituting such measuresa) Imports must have serious implications for domestic industry b) Measures should only be temporaryc) Should not be discrimination while luxurious such measures on different countries.4. If the details of the soybean case were indeed presented to the WTO, explain what the WTO ruling would most likely be and why.AnswerThe Chinese government would reduce or eliminate the quotas and othermeasures which until now have protected domestic production of soybeans from cheaper imports. Chinas consumption of soybeans bal looned by more than 160% between 2000 and 2011 when import barriers were removed, but the area implanted with soybeans declined by 20% during those same years. Chinese farmers were simply unable to make do with imported soybeans that were RMB 300 to 600 (US$45-90) cheaper per ton than domestic beans. Imported soybeans now depend for three-quarters of the soybeans processed into cooking oil and feed in China, the products of soybean crushing.If China is able to prove that domestic soybean producers are not able to survive because of low cost imports from Brazil, the WTO ruling would be in favor of China and such measures would be upheld. However, if such measures were used as vengeance to Brazilian ban on Chinese toys, the WTO ruling would be in favor of Brazil and China would not be able to restrict import of Soybean from Brazil.REFERENCESRaghavan, Chakravarthi (2000). The instauration Trade Organization and its Dispute liquidation System. Retrieved from http//www.twnside.org. sg/title/tilting.htmKassai Lucia, Colitt Raymond. (2013). Brazil Soy Boom Bottlenecked as China left(a) Waiting Commodities. Retrieved from http//www.bloomberg.com/Busch, Marc L. Eric Reinhardt (2003), Developing Countries and GATT/WTO Dispute Settlement, Journal of World Trade 37(4)Filess Barbara, Schonfeld Raymond, (2011). Using International Standards in Regulations. OECD Provides a New Tool for Governments. Retrieved from http//www.astm.org/SNEWS/MJ_2011/perspective_mj11.htmlWorld Trade Organization. (2014). Technical barriers to trade. Retrieved from http//www.wto.orgWorld Trade Organization. (2014). Agreement on Safeguards. Retrieved from http//www.wto.org
Subscribe to: Post Comments (Atom)
Post a Comment
Note: Only a member of this blog may post a comment.