Is the WTO after your water? The General Agreement on Trade in Services (GATS) and poor people's right to water

The General Agreement on Trade in Services (GATS) seeks to expand international trade in a wide range of services ranging from tourism to telecommunications and education. In recent years, it has come under attack from civil society organizations in both the North and the South for having a detrimental impact on poor people's right to basic services. This article explores some of these controversies, using the example of water services. It focuses specifically on the impact of the GATS on poor people's right to water and national governments’ ability to safeguard the interests of poor people through regulation. It demonstrates that, de jure, the liberalization of water‐related services under the GATS may not necessarily undermine the ability of governments to introduce the kind of legislative measures necessary to realize poor people's right to water. Still, de facto, the exercise of policy autonomy might be substantially curtailed due to inherent ambiguities in treaty interpretation, the politics of process arising out of power asymmetries, a lack of transparency in processes of negotiation as well as institutional and other deficiencies in the domestic politics of WTO member states.     

Beyond accountability: alternative rationales for transparency in global trade politics

ABSTRACT

The conventional view of transparency is that it is a critical tool to combat corruption and ensure the democratic accountability of government. This article argues that the negotiation of mega-regional trade agreements (RTAs) and their content indicates the need distinguish different types of transparency. Trade activists that call for drafts of the text of a mega-RTA to be released while negotiations are ongoing are seeking deliberative transparency, which provides opportunities for meaningful public participation and consultation. The trade advisory systems that could provide opportunities for deliberation instead deliver technocratic transparency; the rationale is to increase the effectiveness of mega-RTAs rather than their democratic legitimacy. Frequent leaks of draft chapters of mega-RTAs provide opportunities for deliberation, but some actors involved in leaking are engaged in disruptive transparency where the aim is to complicate trade negotiations, making a final deal less likely. While these varieties of transparency emerge in the context of the negotiating process, disciplinary transparency – which often becomes a regulatory tool for multinational corporations to influence policy-making – is found in the text of mega-RTAs. Certain forms of transparency increase the likelihood that mega-RTAs will be compatible with strong environmental policy, while others may have a detrimental impact.     

A review of WTO and environmental issues

Multiple negotiating rounds of the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) since 1947 have conferred economic benefits through liberalized international trade. A growing body of evidence also points to linkages between liberalized trade and damage to the global environment, ecology, and natural resource base. Ironically, the increased economic well-being conferred by trade liberalization ultimately provides the basis for improved environmental protection. It is the interim environmental damage due to trade liberalization that is controversial and needing amelioration. The proposition here is to promote further trade liberalization, but only as long as environmental ethics and sustainability issues are satisfactorily addressed. Trade liberalization should not be permitted at the expense of adequate environmental protection and sustainability. Future WTO rounds need to address both development benefits and environmental ethics issues in a net social welfare maximization setting.     

A Review of WTO and Environmental Issues

Multiple negotiating rounds of the GeneralAgreement on Tariffs and Trade (GATT) and World TradeOrganization (WTO) since 1947 have conferred economicbenefits through liberalized international trade. Agrowing body of evidence also points to linkagesbetween liberalized trade and damage to the globalenvironment, ecology, and natural resource base.Ironically, the increased economic well-beingconferred by trade liberalization ultimately providesthe basis for improved environmental protection. It isthe interim environmental damage due to tradeliberalization that is controversial and needingamelioration. The proposition here is to promotefurther trade liberalization, but only as long asenvironmental ethics and sustainability issues aresatisfactorily addressed. Trade liberalization shouldnot be permitted at the expense of adequateenvironmental protection and sustainability. FutureWTO rounds need to address both development benefitsand environmental ethics issues in a net socialwelfare maximization setting.     

WTO环境服务贸易谈判和中国的利益

环境服务的定义和范围是环境服务贸易谈判的关键。环境服务贸易谈判中必须区分并协调好全球环境服务需求与中国环境服务需求的关系。从中国和全球的共同利益出发，谈判中需要尽快重新定义环境服务；提出符合可持续发展战略的环境服务清单；建议WTO应该明确将环境改善，至少是全球环境改善，作为WTO环境服务谈判的目标，而非仅仅靠成员自己的贸易利益驱动谈判。     

Global Trade in GM Food and the Cartagena Protocol on Biosafety: Consequences for China

The UN Cartagena Protocol onBiosafety adopted in Montreal, 29 January, 2000and opened for signature in Nairobi, 15–26 May,2000 will exert a profound effect oninternational trade in genetically modifiedorganisms (GMOs) and their products. In thispaper, the potential effects of variousarticles of the Protocol on international tradein GMOs are analyzed. Based on the presentstatus of imports of GMOs and domestic researchand development of biotechnology in China,likely trends in imports of foreign GM food andrelated products after China accedes to WTO isexplored. Also, China's potentialcountermeasures to control and regulate importsof GMOs in line with implementation of theProtocol are discussed. China, in recent times,has increased its food and agricultural importssubstantially from USA and Canada. Chinaimported soybean 10.42 mill. tons in 2000 andabout 15 mill tons in 2001, of which majorityare from USA where GM soybean accounts for60%. The plantation of US Monsanto'stransgenic Bt cotton was increased to more than1 million ha in China in 2001. Though China haspaid great attention to develop biotechnology,it appears to have little scope to export GMOsand GM products. So China may consider a rangeof administrative measures to implement theCartagena Protocol and to regulate its importof GMOs and GM agricultural products.Consequently, the Regulation on Safety ofAgri-GMOs was issued on June, 2001 and followedthree detailed rules issued in Jan. of 2002,with a priority to limit foreign GMOs importingby safety certification and labeling system.These were outlined taking into accountpolicies adopted in Western countries such asgreen barriers to international trade.     

Is Agriculture in Need of Ethics?

The minister of Agriculture, Nature Management andFisheries of the Netherlands reflects on the question``Is agriculture in need of ethics?'' Changingnorms and values in society, the influence of newtechnologies (such as biotechnology) and theinternational trade liberalisation (WTO) providearguments for a positive answer on this question.     

新型自贸协定的环保议题谈判及我国的对策简

自由贸易协定中纳入环境保护规定是提高自由贸易中的正环境效应,同时避免或减轻负面环境影响的保障,已经逐渐成为新型国际自由贸易谈判中的重要内容。以跨太平洋战略经济伙伴关系协定为代表的新型自由贸易谈判,试图在协定中丰富环境条款,例如环保原则、国际环境公约、环境标准、争端解决机制、环境产业和服务、环境合作和能力建设等。我国也开始在自贸谈判中纳入环保要求,基于最新的政策要求,我国应积极赶上国际自由贸易谈判中环境保护的新要求,推动贸易与环保政策的深度融合。     

我国手机零售业的市场开发前景

加入WTO后,我国手机零售业面临着严峻挑战。在分析国内手机零售业现状的情况下,提出了只有加强外部联合,规范内部管理,形成整体竞争优势的经营模式才能应对挑战。     

论WTO处理环保议题的路径选择

WTO处理环保议题主要是通过召开会议、制定协议、创制协调机构以及解决争端等方式,上述路径从整体上构成了世界贸易组织的环境保护实践。"借用"WTO争端解决机制处理环保议题,成为有效协调环境保护与促进贸易自由的现实选择。WTO争端解决机制履行世贸组织环境保护方面的职权,解决与环境有关的贸易争端,其法律解释和裁决报告等不断塑造着世贸组织的环保体系。在缺少完善的环境领域争端解决机制的情况下,"借用"WTO争端解决机制处理环保议题的模式将会长期存在。     

碳中和背景下欧盟碳边境调节机制对我国的影响及对策分析

在全球碳中和的新形势下,欧盟委员会于2021年7月正式提出"碳边境调节机制"(CBAM)立法提案,并计划于2023年起实施。本文在总结立法提案关键要素的基础上,着重分析欧盟CBAM的合法性与合理性,研判可能对我国产生的潜在影响,并从国际国内层面提出对策建议。分析发现,欧盟采取"名义"碳市场的形式,初期将覆盖水泥、电力、化肥、钢铁和铝等5个行业,只核算产品生产过程的直接排放,暂不考虑间接排放,2023—2025年是过渡期,2026年开始正式实施。欧盟CBAM的合法性与合理性面临诸多挑战:不符合世界贸易组织国民待遇原则和最惠国待遇原则,但存在满足关税与贸易总协定例外条款的可能性;违反国际气候治理的共同但有区别的责任原则、公平原则和各自能力原则,也不符合公约关于国际贸易歧视或变相限制的条款;对解决碳泄漏问题和保护本土竞争力的作用有限;产品隐含碳核算和碳价确定是技术难点问题。影响评估发现,欧盟CBAM将使我国受影响部门的对欧出口总额降低11%~13%,出口成本增加1亿~3.05亿美元,其中约四分之三的成本将由钢铁行业承担,对贸易隐含碳的下降作用有待进一步考量;此外,欧盟CBAM将会影响多边国际气候谈判进程,也会对我国经济社会发展、国际贸易、产业转型、技术提升等方面产生间接影响。我国应在国际层面坚定在气候治理多边框架下解决碳泄露问题,探索提出中国方案;积极推进贸易自由化,提升我国贸易优势;加强中欧对话协商,避免CBAM成为中欧"绿色贸易壁垒"。在国内层面稳步加快全国碳排放权交易体系建设,夯实碳排放核算基础能力,加强科学研究与交流合作。     

Hydrogeomorphic Reference Condition and Its Relationship with Macroinvertebrate Assemblages in Southeastern U.S. Sand Hills Streams

Defining stream reference conditions is integral to providing benchmarks to ecological perturbation. We quantified channel geometry, hydrologic and environmental variables, and macroinvertebrates in 62 low‐gradient, SE United States (U.S.) Sand Hills (Level IV ecoregion) sand‐bed streams. To identify hydrogeomorphic reference condition (HGM), we clustered channel geometry deviation from expectations given watershed area (Aws), resulting in two HGM groups discriminated by area at the top of bank (Atob) residuals <0.6 m² and >0.6 m² predicted to be HGM reference/nonreference streams, respectively. Two independent partial least squares discriminate analyses used (1) hydrologic/environmental variables and (2) macroinvertebrate mean trait values (mT) on 10 reference/nonreference stream pairs of similar Aws for classification validation. Nonreference streams had flashier hydrographs and altered flow magnitudes, lower organic matter, coarser substrate, higher pH/specific conductivity compared with reference streams. Macroinvertebrate assemblages corresponded to HGM groupings, with mT indicative of multivoltinism, collector‐gatherer functional feeding groups, fast current‐preference taxa, and lower Ephemeroptera, Plecoptera, and Trichoptera richness and biotic integrity in nonreference streams. HGM classifications in Sand Hills, sand‐bed streams were determined from channel geometry. This easily implemented classification is indicative of contemporary hydrologic disturbance resulting in contrasting macroinvertebrate assemblages.     

Modeling Hydraulic and Thermal Electricity Production Based on Genetic Algorithm-Time Series (GATS)

Abstract

This study deals with the estimation of electricity production from hydraulic and thermal sources using the Genetic Algorithm (GA) with time series (TS) approach. Two forms of the mathematical models are developed, of which one is exponential and the second is polynomial. The power form of the Genetic Algorithm-Time Series (GATS) model is used for the thermal electricity production. The polynomial form of the GATS is used for the electricity production from the hydraulic sources. The GATS weighting parameters are obtained by minimizing the Sum of Squared Error (SSE) between observed and estimated electricity production from both sources. Therefore, the fitness function adapted is the minimization of the SSE for use in the GA process. The application of the GATS model is correspondingly presented. Some future scenarios are made to increase the electricity production from hydraulic sources. Variations of the electricity production from thermal and hydraulic energy sources are analyzed. Future prospects of electricity production are dealt with in terms of policy changes. The GATS models are used for making scenarios for future electricity planning policy. Results also show if current trend continues, the thermal electricity production amounts to 75% of the total electricity production, which is undesirable for environmental concerns. Results also shows that if new policy is to move from the thermal to hydraulic electricity production, the hydraulic sources will meet the demand until 2020.     

Panel heterogeneous distribution analysis of trade and modernized agriculture on CO2 emissions: The role of renewable and fossil fuel energy consumption

In line with the global target of reducing climate change and its impact, this study explored the causal relationship between CO₂ emissions, modernized agriculture, trade openness, aggregate and disaggregate energy consumption in 14 African countries from 1990–2013 using a panel quantile estimation procedure. The empirical results showed that value addition to agricultural commodities declines CO₂ emissions in countries with high pollution levels. The study revealed a positive nexus between CO₂ emissions and energy consumption homogeneously distributed across quantiles. Trade openness was found to lower CO₂ emissions in countries with lower and higher levels of environmental pollution. While fossil fuel energy consumption was found to exacerbate CO₂ emissions, renewable energy consumption confirmed its mitigating effect on environmental pollution. The institution of climate‐smart agricultural options will sustainably increase productivity and income while adapting to climate change by reducing greenhouse gas emissions. Diversification of energy technologies with clean and modern energy sources like renewables avoid the over‐dependence on fossil fuels for agricultural purposes. Trade policies can stimulate flows of technology and investment opportunities for specialization in production and economies of scale. Hence, the consideration of policies that boost agricultural sector productivity and create an efficient market for international trade in Africa will help in improving livelihoods.     

The TRIPS Agreement and transfer of climate-change-related technologies to developing countries

Despite numerous international commitments to promote transfer of climate-change-related technologies to developing countries, such transfers are not occurring at a rate fast enough to aid these nations in mitigating and adapting to the effects of climate change. The impact of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on transfer of these technologies is discussed through a detailed examination of relevant TRIPS provisions. The article also addresses options for improving technology transfer through exploitation of existing TRIPS flexibilities, modification of the Agreement, and other public and private legal and policy avenues.     

Oil spill vulnerability assessment integrating physical, biological and socio-economical aspects: Application to the Cantabrian coast (Bay of Biscay, Spain)

A methodology has been developed to carry out an integrated oil spill vulnerability index, V, for coastal environments. This index takes into account the main physical, biological and socio-economical characteristics by means of three intermediate indexes. Three different integration methods (worst-case, average and survey-based) along with ESI-based vulnerability scores, V_ESI, proposed for the Cantabrian coast during the Prestige oil spill, have been analyzed and compared in terms of agreement between the classifications obtained with each one for this coastal area. Results of this study indicate that the use of the worst-case index, V_R, leads to a conservative ranking, with a very poor discrimination which is not helpful in coastal oil spill risk management. Due to the homogeneity of this coastal stretch, the rest of the methods, V_I, V_M and V_ESI, provide similar classifications. However, V_M and V_I give more flexibility allowing three indexes for each coastal segment and including socio-economic aspects. Finally, the V_I procedure is proposed here as the more advisable as using this index promotes the public participation that is a key element in the implementation of Integrated Coastal Zone Management (IZCM).     

Evidence Supporting Cap and Trade as a Groundwater Policy Option for Reducing Irrigation Consumptive Use1

Thompson, Christopher L., Raymond J. Supalla, Derrel L. Martin, and Brian P. McMullen, 2009. Evidence Supporting Cap and Trade as a Groundwater Policy Option for Reducing Irrigation Consumptive Use. Journal of the American Water Resources Association (JAWRA) 45(6):1508‐1518. Abstract: In the American West water is becoming an increasingly scarce resource. Obligations to bordering states, endangered species protection, and long‐term resource sustainability objectives have created a need for most western states to reduce the consumption of irrigation water. In Nebraska specifically, the Nebraska Department of Natural Resources (NDNR) and local Natural Resource Districts (NRDs) are meeting a large part of this need by using a regulatory approach, commonly called groundwater allocation. The cost of allocation, which occurs in the form of reduced economic returns to irrigation, could be greatly reduced by using an integrated cap and trade approach. Much like environmental cap and trade programs which are used to reduce the cost of limiting environmental pollution, the trading of capped groundwater allocations can reduce the cost of limiting water use. In an analysis of a typical case in the Nebraska Republican Basin, we found that the impact of a water market to trade groundwater allocations depended on the size of the allocation and on the characteristics of the land and irrigation systems involved in the trade. Potential economic benefits from trade ranged from US$0 to US$120 per 1,000 cubic meters traded, from US$25 to US$250 per 1,000 cubic meters of reduction in consumptive use, and from US$16 to US$50 per hectare of irrigated land in the region. The highest benefits occurred at relatively high allocations, which capped withdrawals at 65‐75% of the expected unrestricted pumping level. These gains from trade would be split between buyers and sellers based on the negotiated selling price.     

A comparison of different biogeographical classifications of Europe,Great Britain and Spain

Various biogeographical and bioclimatic classifications of a number of regions, countries and continents have been created to meet different objectives. A policy maker might ask the question 'why is there no single accepted classification and how do the different classifications compare with one another?' In order to answer these two questions three classifications created by different methods for Great Britain and two for Spain are compared using the Kappa statistic. All of the classifications were created from data on cellular grids with a set window size. Further non-statistical comparisons are made with other classifications. The biogeographic classifications studied in this paper produced three different types of zone: those that were always identified whatever the method; those that were broadly similar but where the boundaries differed; and those that were unique to a particular classification. These different types of zone are likely to exist for any comparison between classifications of a particular region. The extent of the geographic window from which data were obtained had a major effect on the classification of grid cells at the edges of the window. For example, the few grid cells in the south of England, with characteristics of continental Europe, are not detected if data from Great Britain alone are used for the classification. We conclude that the data window should always be larger than the area for which the classification is being made. The objective Kappa statistic, although useful, was not capable of discerning similarities and dissimilarities that appear obvious to the subjective human eye. Although the details of the classifications differed there were broad similarities between the classifications and these differences reflect important divisions along major environmental axes that have been inferred by earlier biogeographers. As the divisions are real there is a sound basis for their use in future land use or environmental policy.     

Taking Consumers Seriously: Two Concepts of Consumer Sovereignty

Governments, producers, and international free tradeorganizations like the World Trade Organization (WTO) areincreasingly confronted with consumers who not only buy (or don'tbuy) goods, but also demand that those goods are producedconforming to certain ethical (often diverse) standards. Not onlysafety and health belong to these ethical ideals, but animalwelfare, environmental concerns, labor circumstances, and fairtrade. However, this phantom haunts the dusty world of social andpolitical philosophy as well. The new concept ``consumersovereignty' bypasses the conceptual dichotomy of consumer andcitizen.According to the narrow liberal response to this newconstellation, with respect to food one should conceptualizeconsumer sovereignty as the right of the individual consumer toget information on food products and to make his or her ownchoice on the market of food products. In this conception, thereis a very strong emphasis on rules and principles with respect tothe autonomy of individuals.I argue that these narrow liberal concepts are not sufficient forappropriate public policy-making in democratic societies, andthat they only enable us to identify problems; they do not helpnon-experts (and experts, if it comes to that, as well) inweighing the different ethical claims. Besides, not onlyprinciples play a role in the outcome, but all kinds of ideals aswell, like roles, values, and norms. My principal argument isthat analysis or justification of norms or principles is notsufficient to get a synthesis or construction of ethicalsolutions: we need some value orientation to guide us inbalancing the different ethical claims by solving an ethicalproblem. Moreover, this balancing is something that requiressocial space and social time, i.e., public debates. With theconcept of public debates a whole new dimension enters ethicalanalysis, because the attention of ethicists shifts toformulating criteria of successful and rational public debates.However, in the broad liberal view these concepts aresupplemented with values, preferences, practices of care, andinvolvement. I argue firstly for a broadened perspective on foodas an integral part of life styles and not only as something thatpresents risks. That is the reason that food gets such intensiveattention from the public, which is summarized in the concept ofconsumer concerns. Secondly, I defend the argument that not only(rational) public debates, but intensive commitments of bothproducers and consumers in every link of the chain in so calledcare practices or consumer councils can enhance confidence in thefood production system and the way we extract our daily intakefrom nature.