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  • Historical Learning in the Design of WTO Rules: The EC Sugar Case

    Author(s)
    Ackrill, Robert
    Kay, Adrian
    Griffith University Author(s)
    Kay, Adrian
    Year published
    2009
    Metadata
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    Abstract
    The Uruguay Round Agreement made significant changes to the governance of international trade. Trade rules and dispute settlement mechanisms were altered and a series of specific agreements provided for liberalisation across economic sectors. The Agreement on Agriculture, arguably the most difficult and contentious to negotiate, permitted the continued use of trade-distorting instruments, both domestically and at the border. Rule-enforcement in agriculture therefore relies crucially on the clarity of the rules. This paper provides an in-depth study of a unique and critical case for understanding the new rules: the EC sugar ...
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    The Uruguay Round Agreement made significant changes to the governance of international trade. Trade rules and dispute settlement mechanisms were altered and a series of specific agreements provided for liberalisation across economic sectors. The Agreement on Agriculture, arguably the most difficult and contentious to negotiate, permitted the continued use of trade-distorting instruments, both domestically and at the border. Rule-enforcement in agriculture therefore relies crucially on the clarity of the rules. This paper provides an in-depth study of a unique and critical case for understanding the new rules: the EC sugar regime. This policy was challenged unsuccessfully under the pre-Uruguay Round rules, but successfully under the new rules. This case is particularly valuable in allowing us to isolate the effect of the Uruguay Round on agricultural trade disputes: the policy under challenge was essentially unchanged and the legal actions addressed the same concern - excessive export subsidisation. Drawing on primary and secondary materials and interviews with key policy actors, sugar is used to illustrate how those involved in the multilateral process learned from particular rule weaknesses revealed in earlier cases, revising those rules in the Uruguay Round in such a way that dispute panels can more readily and objectively determine rule breaches.
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    Journal Title
    The World Economy
    Volume
    32
    Issue
    5
    Publisher URI
    https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-9701.2008.01148.x
    DOI
    https://doi.org/10.1111/j.1467-9701.2008.01148.x
    Subject
    International Trade Law
    Applied Economics
    Policy and Administration
    Publication URI
    http://hdl.handle.net/10072/29774
    Collection
    • Journal articles

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