Getting Your Ducks in a Row: The Case for More Inclusive Renegotiations inEU–Poultry Meat (China)
| Autor: | Federico Ortino, David R. DeRemer |
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| Rok vydání: | 2019 |
| Předmět: | |
| Zdroj: | World Trade Review. 18:309-326 |
| ISSN: | 1475-3138 1474-7456 |
| DOI: | 10.1017/s1474745619000090 |
| Popis: | This paper critiques a Panel ruling that was permissive in allowing the EU to exclude China from the renegotiations of several tariff lines of poultry meat and the related allocation of new tariff-rate quotas (TRQs). The EU's basis for exclusion was that China lacked a principal or substantial supplying interest in the modified tariff lines. The Panel's ruling supported China for only two tariff lines in which China eventually served 50% of the EU market after certain SPS measures expired, on the narrow basis that this import increase should have been considered a special factor in the TRQ allocation. The paper argues that the Panel ruled too narrowly by disregarding China's broader claims for a principal or substantial supplying interest. An interpretation consistent with the object and purpose of the GATT supports utilizing a broader set of evidence in China's claim as a principal or substantial supplier for renegotiations of tariff schedules. Allowing nations to use TRQs to prevent emerging markets from achieving a substantial supplying interest is a significant obstacle to the WTO's purpose. The Panel's ruling will be important for future TRQ renegotiations, such as those that would be necessary under Brexit. |
| Databáze: | OpenAIRE |
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