Down a rabbit hole in search of the Wensleydale deal with Norway

Transparency doesn’t just mean making information available. It means making it accessible and understandable

Rabbit hole noun

A complexly bizarre or difficult state or situation conceived of as a hole into which one falls or descends
I wanted to show this woman descending into the rabbit hole: this loss of self, becoming a servant to her job and to the work — Jessica Chastain

Especially : One in which the pursuit of something (such as an answer or solution) leads to other questions, problems, or pursuits
— While trying to find the picture again on Google, I fell down the Cosmo rabbit hole, scrolling through a gallery of swimwear, then through “How to Be Sexier-Instantly” and then through all 23 slides of “Sexy Ideas for Long Hair.” — Edith Zimmerman

Merriam Webster Dictionary online

By Peter Ungphakorn
POSTED JUNE 8, 2021 | UPDATED JUNE 9, 2021

This is a cautionary tale about just how difficult it is to crack the secret codes of trade agreements. We can ask a simple question: how will the agreement change trade in a particular product. To reach the answer we often have to venture out into a wonderland of obscure paths and hidden traps.

Does it matter? Yes, if we want to find out for ourselves what is in the agreement. Bob Wolfe and I have argued at length about the need for more transparency in trade. This is true of the World Trade Organization (WTO), which is part of the rabbit warren. It is also true of free trade agreements.

Transparency doesn’t just mean making information available. It means making it accessible and understandable. Tracking down tariff commitments can be a nightmare, as this story shows.

Continue reading “Down a rabbit hole in search of the Wensleydale deal with Norway”

Arbitration — the stop-gap when WTO appeals are unavailable

A group of WTO members have agreed on an alternative way to get a second legal opinion

By Peter Ungphakorn
POSTED AUGUST 4, 2020 | UPDATED FEBRUARY 13, 2020

On August 3, 2020, a group of 50 World Trade Organization members — 30% of the membership — announced that an alternative arrangement was up and running, as a means of getting round a blockage preventing formal appeals in WTO dispute settlement.

Developed gradually since early 2019, the system would retain countries’ ability to get a second opinion after a first-stage “panel” ruling, but unlike a formal appeal, the outcome would not be part of official WTO law.

Continue reading “Arbitration — the stop-gap when WTO appeals are unavailable”

A bit of bother down at the WTO court — Why? And is it a killer? Long read

WTO dispute settlement is in trouble, but it can struggle on at least for a while. So can the organisation’s other important functions

By Peter Ungphakorn
POSTED AUGUST 21, 2019 | UPDATED MARCH 24, 2021

This looks at the WTO Appellate Body crisis in some depth.
A simpler version is here
.
See also:
How the WTO deals with problem trade measures—it’s not just dispute settlement and The WTO is surprisingly busy — considering it’s supposed to be dead

A casual glance at the headlines might have misled us into thinking the World Trade Organization (WTO) would grind to a halt at the end 2019, that the blame lay entirely with US President Donald Trump, and that the WTO’s demise would bring anarchy to world trade.

Only the last of those three assertions is possibly correct; and only if the WTO really does die — which it certainly won’t, not in the near future.

This is an attempt at an explanation. It shows that even WTO dispute settlement could well survive, but in a less powerful form. Other important work in the WTO will continue, and therefore so will the WTO itself.

But be warned: simple explanations of complex issues cannot tell the whole story. And even this attempt is not that simple. Sorry.

Continue reading “A bit of bother down at the WTO court — Why? And is it a killer? Long read”

By Christmas 2019 the WTO was supposed to be dead — why wasn’t it? A short explanation

Reports of the WTO’s demise are premature. Yes, dispute settlement is in trouble, but even that can hobble on

By Peter Ungphakorn
POSTED AUGUST 21, 2019 | UPDATED FEBRUARY 13, 2021

This short explanation skims the surface of some pretty complicated issues. If you want more detail, with more links and references,
then try this longer version
.
See also:
How the WTO deals with problem trade measures—it’s not just dispute settlement and The WTO is surprisingly busy — considering it’s supposed to be dead

The doom-mongers had already written off the WTO. From December no new appeals in WTO disputes would be possible and the whole organisation would grind to a halt, they claimed. They were wrong.

The problem is with the appeals stage of WTO legal disputes. Some countries are finding ways to work around that. WTO disputes cannot be the same without a properly functioning Appellate Body, but they can continue even if the system is weaker.

As for the rest of the WTO’s work, it does not rely on dispute settlement. True, member countries participate in those functions more confidently if they know the disputes system is working well, but it will still take years before they lose confidence so badly that they give up on the WTO altogether.

Continue reading “By Christmas 2019 the WTO was supposed to be dead — why wasn’t it? A short explanation”

What have the UK and Switzerland agreed on trade post-Brexit?

Some interesting insights are in Swiss government information notes, prepared mainly for traders and producers

By Peter Ungphakorn
POSTED FEBRUARY 5, 2019 | UPDATED JANUARY 27, 2021

A summary of this is on the EU Relations Law blog, here

What have the UK and Switzerland agreed on their trade relationship post-Brexit? Essentially, they have been partly “rolling over” to the UK the present Swiss-EU trade relationship.

EU agreements are being “rolled over” into UK agreements in order to allow as much continuity as possible for trade and for business. They are called “continuity agreements”.

Below are an introduction to the provisions on goods and services, followed by Swiss government summaries of key parts of its agreements with the UK, mainly on goods but also narrowly on services.

But first, some context and explanations.

Continue reading “What have the UK and Switzerland agreed on trade post-Brexit?”

What are geographical indications? What do they mean for post-Brexit UK?

People’s views of geographical indications range from cherishing them as precious cultural heritage and commercial property, to annoyance and scorn. They are complicated. Every argument has a counter-argument

“How was your Cornish pasty sir? And your lamb, madam? It was New Zealand lamb. Excellent. Would you like some dessert? A cheese plate? We have a new Tiroler Bergkäse from Austria. I also recommend a fine French or Swiss Gruyère. And we have a lovely Caerphilly. Or our chef’s favourite mature Cheddar. A selection? Of course. And to go with that? Would you like to stay with your Amarone della Valpolicella? An Armagnac? A perfect choice. And sir? More Evian. Coming right up.”
Which of these are geographical indications? Answer at the end (click the image to see it full size)

By Peter Ungphakorn
POSTED MAY 5, 2018 | FIRST PUBLISHED ON UK TRADE FORUM APRIL 3, 2018 | UPDATED JANUARY 10, 2021

JUMP TO
PART 1 BASICS
What are geographical indications (GIs)?
What do they apply to?
Are they always place names?
How do they relate to rules of origin?
Why protect them?
What does protection mean?
How much protection?

PART 2 POLICY
How are geographical indications protected?
What does the UK face with the EU?
What do we know about the UK’s plans?
What does the UK face with other countries?
What does the UK face in the WTO?
Some GI titbits — style/method, orange, champagne, gruyère, feta

PART 3 WHAT THE WAITRESS SAID

Among the thousands of policy questions facing Britain after it leaves the EU is what its approach should be for geographical indications.

These are names — like Melton Mowbray pork pies, Rutland bitter and Bordeaux wine — that are used to identify certain products.

The UK’s policy will affect both its own and other countries’ names, and it has now taken first steps in revealing what its approach will be.

People’s views of geographical indications range from cherishing them as precious cultural heritage and commercial property, to annoyance and scorn.

What are they? And what are the decisions facing the UK? This is an attempt to explain them simply. It’s in two main parts with a small third part tacked on.

Continue reading “What are geographical indications? What do they mean for post-Brexit UK?”

In a nutshell: Brexit and the UK’s trading relations with the EU

The four options are well-known but their implications are not always understood. Some summary graphics

By Peter Ungphakorn
POSTED SEPTEMBER 19, 2016 | UPDATED SEPTEMBER 30, 2016

This is a summary of the four main options facing the UK for its trade relationship with the EU after Brexit. The four options are well-known but their implications are not always understood. These are the options: Continue reading “In a nutshell: Brexit and the UK’s trading relations with the EU”