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The Role of WTO Committees through the Lens of Specific Trade Concerns Raised in the TBT Committee

Published online by Cambridge University Press:  05 April 2022

Kian Cássehgari Possada ,
Emmanuelle Ganne  and
Roberta Piermartini
Kian Cássehgari Possada
Affiliation:
World Trade Organization, Switzerland
Emmanuelle Ganne*
Affiliation:
World Trade Organization, Switzerland
Roberta Piermartini
Affiliation:
World Trade Organization, Switzerland
*
*Corresponding author. Email: [email protected]
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Abstract

The existing literature shows that transparency and monitoring reduce trade costs, improve regulatory practices and build and sustain trust. In this paper, using 555 specific trade concerns (STCs) raised by the Technical Barriers to Trade (TBT) committee in the period 1995–2018, we develop a novel classification of STCs. We distinguish between STCs aiming to exchange information (transparency STCs) and those aiming to monitor compliance with the TBT agreement (monitoring STCs). We show that: (i) when STCs intend to foster transparency, they are mainly used in relation to notified measures, thus suggesting that they are used to acquire not only new but also higher quality information than that provided merely by notifications; (ii) when STCs intend to challenge the compliance of WTO members with the TBT Agreement, they primarily address draft measures, thus suggesting that they are used to promote accountability and improve good regulatory practices; and (iii) STCs raised at the draft stage are less likely to escalate to a dispute than those raised on adopted measures. Guided by these findings, we suggest the potential for some reforms to improve the efficiency of the system. These include: introducing a reporting system on the outcome of STCs; using STCs raised in committees to fill the gap of missing notifications; systematically using the STC mechanism at the stage of draft measures; and building in the dispute settlement system the requirement to raise the matter and discuss it within the relevant committee before filing a formal dispute settlement case.

Keywords

TransparencyWTO reformMonitoringValue of WTOGood governanceDispute settlementNegotiations

JEL classification

F53: International Agreements and Observance • International Organizations F55: International Institutional Arrangements F02: International Economic Order and Integration F13: Trade Policy • International Trade Organizations
Type
Original Article
Information
World Trade Review , Volume 21 , Issue 4 , October 2022 , pp. 411 - 431
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press

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Footnotes

The opinions expressed in this article should be attributed to its authors. They are not meant to represent the positions or opinions of the WTO and its members and are without prejudice to Members' rights and obligations under the WTO. Any errors are attributable to the authors.

References

Asian Development Bank (ADB) and United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) (2013) Designing and Implementing Trade Facilitation in Asia and the Pacific. Manila, Philippines: Asian Development Bank.Google Scholar
Baccini (2008) Cheap Talks and Transparency: Explaining the Bilateral Trade Agreements with the EU, Center for Political Economy at the New York University, New York.Google Scholar
Baccini, L. (2012) ‘Cheap Talk: Transaction Costs, Quality of Institutions, and Trade Agreements’, European Journal of International Relations 20(1), 80–117.CrossRefGoogle Scholar
Böcker, A. and Hanf, C. (2000) ‘Confidence Lost and Partially Regained: Consumer Response to Food scares’, Journal of Economic Behavior & Organization 43(4), 471–485.CrossRefGoogle Scholar
Collins-Williams, T., and Wolfe, R. (2010) ‘Transparency as a Trade Policy Tool: The WTO's Cloudy Windows’, World Trade Review 9(4), 551–581.CrossRefGoogle Scholar
De Groot, H., Linders, G., Rietveld, P., and Subramanian, U. (2004) ‘The Institutional Determinants of Bilateral Trade Patterns’, Kyklos 57(1), 103–123.CrossRefGoogle Scholar
Francois, J., and Manchin, M. (2007) ‘Institutions, Infrastructure, and Trade’, World Bank Policy Research Working Paper, No. 4152, pp. 1–38.CrossRefGoogle Scholar
Henson, S., and Humphrey, J. (2010) The Impacts of Private Food Safety Standards. Rome and Geneva: Food and Agricultural Organization and World Health Organization.Google Scholar
Holzer, K. (2018) ‘Addressing Tensions And Avoiding Disputes: Specific Trade Concerns in the TBT Committee’, WTO Working Paper ERSD-2018-11, World Trade Organization, Geneva.Google Scholar
Jensen, R. (2007) ‘The Digital Provide: Information (Technology); Market Performance, and Welfare in the South Indian Fisheries Sector’, Quarterly Journal of Economics 122(3), 879–924.CrossRefGoogle Scholar
Karttunen, M.B. (2020) Transparency in the WTO SPS and TBT Agreements: The Real Jewel in the Crown. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Lejárraga, I. (2013) ‘Multilateralising Regionalism. Strengthening Transparency Disciplines in Trade’, OECD Trade Policy Papers No. 152, Organisation for Economic Co-operation and Development (OECD), Paris.Google Scholar
Lejárraga, I. and Shepherd, B. (2013) ‘Transparency in Regional Trade Agreements: Quantitative Evidence’, TAD/TC/WP(2012)20/REV1, Organisation for Economic Co-operation and Development (OECD), Paris.Google Scholar
Levchenko, A. (2007) ‘Institutional Quality and International Trade’, Review of Economic Studies 74(3), 791–819.CrossRefGoogle Scholar
Mazzocchi, M., Lobb, A., Bruce Traill, W., and Cavicchi, A. (2008) ‘Food Scares and Trust: A European Study’, Journal of Agricultural Economics 59(1), 2–24.CrossRefGoogle Scholar
Organisation for Economic Co-operation and Development (OECD) (2009) Removing Barriers to SME Access to International Markets. Paris: OECD Publication.Google Scholar
Organisation for Economic Co-operation and Development (OECD) (2017) International Regulatory Co-operation and Trade – Understanding the Trade Costs of Regulatory Divergence and the Remedies. Paris: OECD.Google Scholar
Organisation for Economic Co-operation and Development (OECD) and World Trade Organization (2019) Facilitating Trade through Regulatory Cooperation: The case of the WTO's TBT and SPS Agreements and Committees. Paris and Geneva: OECD and WTO Publication.Google Scholar
Pedersen, P., Diakantoni, A., Perez del Castillo, C., and Mkhitarian, A. (2018) ‘WTO Trade Monitoring Ten Years on Lessons Learned and Challenges Ahead’, WTO Working Paper, World Trade Organization. Geneva.Google Scholar
Perez-Esteve, M. (2012) ‘WTO Rules and Practices for Transparency and Engagement with Civil Society Organizations’, Staff Working Paper ERSD-2012-14, World Trade Organization, Geneva.CrossRefGoogle Scholar
Steinwender, C. (2014) ‘Information Frictions and the Law of One Price: When States and the Kingdom Became United’, Working Paper No. 190, Oesterreichische Nationalbank, Vienna.Google Scholar
Van Tongeren, F. (2009) ‘Transparency in the Design of Non-Tariff Measures and the Costs of Market Entry: Conceptual Framework’, Working Paper TAD/TC/WP(2009)33, Organisation for Economic Co-operation and Development (OECD), Paris.Google Scholar
Wijkström, E., Horn, H., and Mavroidis, P.C. (2012) ‘In the Shadow of the DSU: Addressing Specific Trade Concerns in the WTO SPS and TBT Committees’, Working Paper No. 960, Research Institute of Industrial Economics, Stockholm.Google Scholar
Wolfe, R. (2003) ‘Regulatory Transparency, Developing Countries, and the Fate of the WTO’, World Trade Review 2(3), 157–182.CrossRefGoogle Scholar
Wolfe, R. (2013) Letting the Sun Shine at the WTO: How Transparency Brings the Trading System to Life, Staff Working Paper ERSD-2013-03. Geneva: World Trade Organization (WTO).Google Scholar
Wolfe, R. (2021) ‘Reforming WTO Conflict Management: Why and How to Improve the Use of “Specific Trade Concerns”’, Journal of International Economic Law 23(4), 817–839.CrossRefGoogle Scholar
World Trade Organization (WTO) (2007) World Trade Report 2007: Six Decades of Multilateral Trade Cooperation. What Have We Learnt? Geneva: WTO.Google Scholar
World Trade Organization (WTO) (2012) World Trade Report 2012: Trade and Public Policies: A Closer Look at Non-Tariff Measures in the 21st Century. Geneva: WTO.Google Scholar
World Trade Organization (WTO) (2018) WTO TBT Enquiry Point Guide: Making Transparency Work. Geneva: WTO.Google Scholar
World Trade Organization (WTO) (2019) WTO Information Management System of the TBT Committee. Geneva: WTO.Google Scholar
World Trade Organization (WTO) (2020) Twenty-Fifth Annual Review of the Implementation and Operation of the TBT Agreement, G/TBT/44. Geneva: WTO.Google Scholar