Asian Trade in an Era of Neo Protectionism

Neo-protectionism and non-tariff barriers

In today’s international trading environment, two key areas of research of have emerged. The first of which examines non-protectionist trade policy and the implementation of non-tariff measures, in particular, the use of technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures. According to World Trade Organization (WTO) rules, WTO members are authorised by the WTO TBT/SPS Agreement to implement a range of protective measures that endeavour to protect human, animal, and plant health as well as a myriad of environment, wildlife, and human safety factors. Based on this clearly Based on a clearly defined and rational explanation for their existence, empirical studies that examine the impact of TBT and SPS on trade have documented findings that elicit different results depending on objectives and time frames being measured.

The WTO Dispute Settlement Mechanism

Since the WTO’s Dispute Settlement Understanding (DSU) came into being in 1995, the institutional body has played an integral role in resolving disputes that emerge following the implementation of international trade agreements. Introduced as a means of overcoming a major problem of its predecessor, the General Agreement on Tariffs and Trade (GATT), the DSU is a more rule-oriented system, applying public international law. Any WTO member is able to launch a formal complaint about the trade practices of any other member through a formal procedure that includes consultations, a panel decision, an appeal, adoption, and implementation. The process is mandatory, once a complainant files a request for consultation, the case proceeds along a specified timeline to its conclusion. Given the complicated nature of the dispute settlement system, our flagship examines the factors that influence developing countries’ participation in the dispute settlement mechanism.