WTO-plus commitments on the elimination of export duties: evidence of a two-tier membership?

This descriptive paper examines the prevalence of ‘WTO-plus’ commitments in accession protocols of newly acceded Members, with a focus on commitments on the elimination of export duties. It presents preliminary results of a mapping exercise carried out with respect to these commitments and seeks to answer two questions. First, can any general conclusions be drawn as to the prevalence of these commitments or are they, per definition, country-specific. Second, has the political nature of the WTO accession process allowed for the creation of a two-tier membership. The first question is answered by relying on data gathered as part of the ongoing PhD-research project conducted by the author. The project aims to construct a typology of WTO-plus commitments to allow for a more detailed analysis of the relationship between these commitments and the baseline obligations in the covered agreements. The accession of China to the WTO is commonly considered as the prime example of the inclusion of WTO-plus obligations in accession protocols. The paper tries to answer the question whether this particular accession was truly unique in nature, or whether the inclusion of “Plus” obligations is less exceptional than often assumed. Additionally, the accession protocols of other recently acceded-Members are examined to establish whether the hypothesis holds. In the PhD-research project this comparative methodology will also be applied to map WTO-plus commitments in other areas, such as anti-dumping and transparency. The second question will be answered in two stages. In a preliminary stage, international institutional law will be used to by analyzing the way in which the WTO’s Dispute Settlement Body has dealt with this type of WTO-plus commitment in its jurisprudence. The second stage deals with the question of hierarchy: Accession Protocols are negotiated with the WTO Membership, by each country willing to accede to the WTO. This poses questions as to their exact position in the system of WTO law. To establish whether evidence of a two-tier membership is present, one first has to turn back to the question whether Accession Protocols are a separate (or independent) legal instrument or an “integral part” of the WTO system of covered agreements. If newly acceded Members do not benefit from the general exceptions in order to balance their more stringent, WTO-plus, obligations, this may support the conclusion that the membership of the World Trade Organization is becoming, in fact, two-tiered.

Antidumping and countervailing duties in a Western Hemispheric free trade agreement

Includes bibliography

Street-level bureaucrats and new modes of governance - How conflicting roles affect the implementation of the Swiss Ordinance on Verterinary Drugs

Lipsky’s seminal concept of street-level bureaucrats (SLBs) focuses on their role as public servants. However, in the course of new modes of governance, private actors have gained an additional role as implementation agents. We explore the logic of private SLBs during the implementation of the Swiss Ordinance on Veterinary Medicinal Products (OVMP) where veterinarians are simultaneously implementing agents, policy addressees, and professionals with economic interests. We argue that, because of contradictory reference systems, it is problematic for the output performance if an actor is simultaneously the target group of a policy and its implementing agent.

National youth team football players between the conflicting priorities of sports success and vocational training

In view of the risks involved in relying on a professional career in football as a way of making a future living, most players on Swiss National Youth Football Teams pursue some form of vocational training at the same time. This paper investigates the question under what conditions a successful football career is possible when faced with such a dual burden. In order to examine the development process as holistically as possible, a person-oriented approach was chosen. 159 former Swiss National Youth Team players were retrospectively interviewed about their careers, and the data were analysed using the LICUR method (Bergman, Magnusson, & El-Khouri, 2003). This involves identifying certain patterns in the relevant variables of sports career, vocational career and family support, and then comparing these with the performance at the age of peak performance. Through this, it was possible to identify promising patterns of development. It turns out that the critical transition, at the age of about 15–16 years, is characterised overall by stability. The most successful patterns display above-average family support accompanied by above-average professional talent promotion in the clubs. In this constellation, the football players who are later successful pursue vocational training courses leading to low levels of educational qualification.

Perfecting Imperfect Duties via Institutionalization

Onora O’Neill’s thesis that, in a world like ours, institutionalization is a necessary condition for the existence of typical universal welfare rights—the “institutionalization thesis” for short—has often been criticized. I believe that most of these criticisms fail to appreciate that the institutionalization thesis is based on her “classical” understanding of rights, which stresses the essential duty-implying character of rights. By and large, O’Neill’s thesis stands and falls with the classical theory of rights. My suggestion is, therefore, that what is really at issue between O’Neill and at least some of her critics is the proper understanding of the concept of a right.

Conflicting Cantonalisms: Disputed Sub-national Territorial Identities in Switzerland

The importance of constituent units for democratic federations, in general, and of the Swiss cantons for the Swiss Confederation, in particular, is beyond doubt. What is less clear, however, is how to solve conflicting views on the number and type of such units. The Swiss case offers two highly topical examples in this regard: the merger of the two ‘half-cantons’ Basel-City and Basel-Country, on the one hand, and the creation of a new canton encompassing canton Jura and the French-speaking area of canton Berne, on the other. In comparing different sub-national political identities at play in these two cases, the strength of ‘cantonalism’—understood as attachment to and identification with a canton—in Switzerland in the 21st century is shown. Second, different manifestations of cantonalism are compared: centre-periphery in Basel, linguistic vs. religious in Jura. Finally, the similar direct-democratic pathways chosen to solve both conflicting understandings of cantonalism testify to the Swiss commitment to peaceful, negotiated and popularly sanctioned settlements.

The women of Israel or: characters and sketches from the holy scriptures and Jewish history : illustrative of the past history, present duties, and future destiny of the Hebrew females, as based on the words of god

by Grace Aguilar