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This book provides background regarding the vulnerability of U.S. agricultural support programs to potential WTO dispute settlement challenges. It does not predict which WTO members might challenge U.S. commodity subsidies, nor will the likelihood that such challenges be brought. Instead, this book reviews the general criteria for successfully challenging a farm subsidy program, and then uses available data and published economic analyses to weigh U.S. farm programs against these criteria.
Book Synopsis Potential Challenges to U.S. Farm Subsidies in the WTO by : Randall Dean Schnepf
Download or read book Potential Challenges to U.S. Farm Subsidies in the WTO written by Randall Dean Schnepf and published by Nova Publishers. This book was released on 2008 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides background regarding the vulnerability of U.S. agricultural support programs to potential WTO dispute settlement challenges. It does not predict which WTO members might challenge U.S. commodity subsidies, nor will the likelihood that such challenges be brought. Instead, this book reviews the general criteria for successfully challenging a farm subsidy program, and then uses available data and published economic analyses to weigh U.S. farm programs against these criteria.
Prior to its expiration on January 1, 2004, the World Trade Organization's (WTO's) Peace Clause (Article 13 of the Agreement on Agriculture) provided protection from trade remedy consideration and WTO dispute settlement for domestic farm subsidies provided they met certain compliance conditions. Absent the Peace Clause, challenges to U.S. farm subsidies now appear to confront a lower threshold of success, that of establishing "serious prejudice" under Articles 5(c) and 6.3 of the Agreement on Subsidies and Countervailing Measures (SCM). In particular, the criteria for establishing serious prejudice claims include demonstrating (1) the magnitude of a commodity's subsidies either as a share of returns or as an important determinant in covering production costs; (2) the relevance of the subsidized commodity to world markets as a share of either world production or world trade; and (3) a causal relationship between the subsidy and the adverse effect in the relevant market. Evidence of these criteria favors a successful challenge ruling by a WTO panel, as demonstrated by Brazil's successful WTO challenge of the U.S. cotton program. A review of current U.S. farm programs measured against these criteria suggests that all major U.S. program crops are potentially vulnerable to WTO challenges. In addition, a review of recent economic analyses suggests that a partial policy reform of the nature suggested by the U.S. Doha-Round Proposal would do little to diminish the causal relationship between U.S. crop subsidies and adverse effects in international markets. Instead, the most clear method for decreasing exposure to WTO legal challenges is through extensive decoupling of U.S. programs -- i.e., removing the linkage between payments and producer or consumer behavior. Such decoupling would sever the causality linkage necessary to consummate a successful WTO challenge.
Book Synopsis Potential Challenges to U.S. Farm Subsidies in the WTO by : Randy Schnepf
Download or read book Potential Challenges to U.S. Farm Subsidies in the WTO written by Randy Schnepf and published by . This book was released on 2006 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to its expiration on January 1, 2004, the World Trade Organization's (WTO's) Peace Clause (Article 13 of the Agreement on Agriculture) provided protection from trade remedy consideration and WTO dispute settlement for domestic farm subsidies provided they met certain compliance conditions. Absent the Peace Clause, challenges to U.S. farm subsidies now appear to confront a lower threshold of success, that of establishing "serious prejudice" under Articles 5(c) and 6.3 of the Agreement on Subsidies and Countervailing Measures (SCM). In particular, the criteria for establishing serious prejudice claims include demonstrating (1) the magnitude of a commodity's subsidies either as a share of returns or as an important determinant in covering production costs; (2) the relevance of the subsidized commodity to world markets as a share of either world production or world trade; and (3) a causal relationship between the subsidy and the adverse effect in the relevant market. Evidence of these criteria favors a successful challenge ruling by a WTO panel, as demonstrated by Brazil's successful WTO challenge of the U.S. cotton program. A review of current U.S. farm programs measured against these criteria suggests that all major U.S. program crops are potentially vulnerable to WTO challenges. In addition, a review of recent economic analyses suggests that a partial policy reform of the nature suggested by the U.S. Doha-Round Proposal would do little to diminish the causal relationship between U.S. crop subsidies and adverse effects in international markets. Instead, the most clear method for decreasing exposure to WTO legal challenges is through extensive decoupling of U.S. programs -- i.e., removing the linkage between payments and producer or consumer behavior. Such decoupling would sever the causality linkage necessary to consummate a successful WTO challenge.
Prior to its expiration on January 1, 2004, the World Trade Organization's (WTO's) Peace Clause (Article 13 of the Agreement on Agriculture) provided protection from trade remedy consideration and WTO dispute settlement for domestic farm subsidies provided they met certain compliance conditions. Absent the Peace Clause, challenges to U.S. farm subsidies now appear to confront a lower threshold for success, that of establishing "serious prejudice" under Articles 5(c) and 6.3 of the Agreement on Subsidies and Countervailing Measures (SCM). In particular, the criteria for establishing serious prejudice claims include demonstrating (1) the magnitude of a commodity's subsidies either as a share of returns or as an important determinant in covering production costs; (2) the relevance of the subsidized commodity to world markets as a share of either world production or world trade; and (3) a causal relationship between the subsidy and the adverse effect in the relevant market. Evidence of these criteria favors a successful challenge ruling by a WTO panel, as demonstrated by Brazil's successful WTO challenge of the U.S. cotton program. A review of current U.S. farm programs measured against these criteria suggests that all major U.S. program crops are potentially vulnerable to WTO challenges. In addition, a ...
Book Synopsis Crs Report for Congress by : Randy Schnepf
Download or read book Crs Report for Congress written by Randy Schnepf and published by BiblioGov. This book was released on 2013-11 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to its expiration on January 1, 2004, the World Trade Organization's (WTO's) Peace Clause (Article 13 of the Agreement on Agriculture) provided protection from trade remedy consideration and WTO dispute settlement for domestic farm subsidies provided they met certain compliance conditions. Absent the Peace Clause, challenges to U.S. farm subsidies now appear to confront a lower threshold for success, that of establishing "serious prejudice" under Articles 5(c) and 6.3 of the Agreement on Subsidies and Countervailing Measures (SCM). In particular, the criteria for establishing serious prejudice claims include demonstrating (1) the magnitude of a commodity's subsidies either as a share of returns or as an important determinant in covering production costs; (2) the relevance of the subsidized commodity to world markets as a share of either world production or world trade; and (3) a causal relationship between the subsidy and the adverse effect in the relevant market. Evidence of these criteria favors a successful challenge ruling by a WTO panel, as demonstrated by Brazil's successful WTO challenge of the U.S. cotton program. A review of current U.S. farm programs measured against these criteria suggests that all major U.S. program crops are potentially vulnerable to WTO challenges. In addition, a ...
Expiration of the WTO's so-called Peace Clause on January 1, 2004, appears to have made U.S. export and domestic support programs more vulnerable to legal challenge under WTO rules. This report examines U.S. commodity subsidy programs against an emerging set of criteria that test their potential vulnerability. The criteria are whether the subsidies cause adverse effects contributing to serious prejudice under the Agreement on Subsidies and Countervailing Measures (SCM), Articles 5 and 6.3. When measured against these criteria, available evidence suggests that all major U.S. program crops, particularly crops receiving benefits under both the counter-cyclical payments program and marketing loan provisions (i.e., corn, soybeans, wheat, rice, cotton, peanuts, barley, sorghum, oats, and minor oilseeds), are potentially vulnerable to dispute settlement challenges. If such challenges occur and are successful, the WTO remedy likely would imply either elimination, alteration, or amendment by Congress of the programs in question to remove their adverse effects. Alternately, in light of an adverse ruling the United States could choose to make compensatory payments (under agreement with the challenging country) to offset the alleged injury. In spite of U.S. vulnerability, there are reasons why challenges may rarely be filed. Disputes are economically and diplomatically costly, and a lost challenge can help to legitimize the disputed program. This report, which will not be updated, is an abridged version of CRS Report RL33697, Potential Challenges to U.S. Farm Subsidies in the WTO. Citations to sources appear in that report.
Book Synopsis Potential Challenges to U.S. Farm Subsidies in the WTO by :
Download or read book Potential Challenges to U.S. Farm Subsidies in the WTO written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expiration of the WTO's so-called Peace Clause on January 1, 2004, appears to have made U.S. export and domestic support programs more vulnerable to legal challenge under WTO rules. This report examines U.S. commodity subsidy programs against an emerging set of criteria that test their potential vulnerability. The criteria are whether the subsidies cause adverse effects contributing to serious prejudice under the Agreement on Subsidies and Countervailing Measures (SCM), Articles 5 and 6.3. When measured against these criteria, available evidence suggests that all major U.S. program crops, particularly crops receiving benefits under both the counter-cyclical payments program and marketing loan provisions (i.e., corn, soybeans, wheat, rice, cotton, peanuts, barley, sorghum, oats, and minor oilseeds), are potentially vulnerable to dispute settlement challenges. If such challenges occur and are successful, the WTO remedy likely would imply either elimination, alteration, or amendment by Congress of the programs in question to remove their adverse effects. Alternately, in light of an adverse ruling the United States could choose to make compensatory payments (under agreement with the challenging country) to offset the alleged injury. In spite of U.S. vulnerability, there are reasons why challenges may rarely be filed. Disputes are economically and diplomatically costly, and a lost challenge can help to legitimize the disputed program. This report, which will not be updated, is an abridged version of CRS Report RL33697, Potential Challenges to U.S. Farm Subsidies in the WTO. Citations to sources appear in that report.
As a member of the World Trade Organization (WTO) agreements, the United States has committed to abide by WTO rules and disciplines, including those that govern domestic farm policy as spelled out in the Agreement on Agriculture (AoA). Since establishment of the WTO on January 1, 1995, the United States has complied with its WTO spending limits on marketdistorting types of farm program outlays (referred to as amber box spending). However, the addition of large, new trade assistance payments to producers in 2018 and 2019, on top of existing farm program support, has raised concerns by some U.S. trading partners, as well as market watchers and policymakers, that U.S. domestic farm subsidy outlays might exceed the annual spending limit of $19.1 billion agreed to as part of U.S. commitments to WTO member countries. CRS analysis indicates that the United States probably did not violate its WTO spending limit in 2018 but could potentially exceed it in 2019. A farm support program can violate WTO commitments in two principal ways: first, by exceeding spending limits on certain market-distorting programs, and second, by generating distortions that spill over into the international marketplace and cause significant adverse effects. Program outlays are cumulative, and compliance with WTO commitments is based on annual aggregate spending levels. Under the WTO's AoA, total U.S. amber box outlays (that is, those outlays deemed market distorting) are limited to $19.1 billion annually, subject to de minimis exemptions. De minimis exemptions are spending that is sufficiently small (less than 5% of the value of production)-relative to either the value of a specific product or total production-to be deemed benign. Since 1995, the United States has apparently stayed within its amber box limits. However, U.S. compliance has hinged on judicious use of the de minimis exemptions in a number of years to exclude certain amber box spending from counting against the amber box limit. These exemptions have never been challenged by another WTO member. According to CRS analysis, projected U.S. amber box spending for 2018 (inclusive of $8.7 billion in product-specific outlays under the 2018 trade assistance package) could exceed $14 billion. This would be the largest U.S. amber box notification since 2001. However, despite its magnitude, it still would fit within the U.S. spending limit of $19.1 billion. A more ambiguous result is projected for 2019. The expansion of direct payments under a second trade assistance package to $14.5 billion in 2019 and their shift to a non-product-specific WTO classification-when combined with currently projected spending under other non-product-specific programs such as the Price Loss Coverage (PLC) and Agricultural Risk Coverage (ARC) programs-could push U.S. amber box outlays above $24 billion. This would be in excess of the U.S. amber box spending limit of $19.1 billion. However, this projection hinges on several as-yet-unknown factors, including market prices, output values, and program outlays under traditional countercyclical ARC and PLC programs. If the final price and revenue values are higher than currently projected, then program payments under ARC and PLC could be smaller than those used in this analysis. This could decrease both aggregate non-product-specific outlays and the possibility of exceeding the amber box spending limit. If cumulative payments in any year were to exceed the agreed-upon spending limit, then the United States would be in violation of its commitments and could be vulnerable to a challenge under the WTO's dispute settlement mechanism. Furthermore, to the extent that such program outlays might induce surplus production and depress market prices, they could also result in potential challenges under the WTO.
Book Synopsis U. S. Farm Support by : Randy Schnepf
Download or read book U. S. Farm Support written by Randy Schnepf and published by . This book was released on 2019-10-20 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a member of the World Trade Organization (WTO) agreements, the United States has committed to abide by WTO rules and disciplines, including those that govern domestic farm policy as spelled out in the Agreement on Agriculture (AoA). Since establishment of the WTO on January 1, 1995, the United States has complied with its WTO spending limits on marketdistorting types of farm program outlays (referred to as amber box spending). However, the addition of large, new trade assistance payments to producers in 2018 and 2019, on top of existing farm program support, has raised concerns by some U.S. trading partners, as well as market watchers and policymakers, that U.S. domestic farm subsidy outlays might exceed the annual spending limit of $19.1 billion agreed to as part of U.S. commitments to WTO member countries. CRS analysis indicates that the United States probably did not violate its WTO spending limit in 2018 but could potentially exceed it in 2019. A farm support program can violate WTO commitments in two principal ways: first, by exceeding spending limits on certain market-distorting programs, and second, by generating distortions that spill over into the international marketplace and cause significant adverse effects. Program outlays are cumulative, and compliance with WTO commitments is based on annual aggregate spending levels. Under the WTO's AoA, total U.S. amber box outlays (that is, those outlays deemed market distorting) are limited to $19.1 billion annually, subject to de minimis exemptions. De minimis exemptions are spending that is sufficiently small (less than 5% of the value of production)-relative to either the value of a specific product or total production-to be deemed benign. Since 1995, the United States has apparently stayed within its amber box limits. However, U.S. compliance has hinged on judicious use of the de minimis exemptions in a number of years to exclude certain amber box spending from counting against the amber box limit. These exemptions have never been challenged by another WTO member. According to CRS analysis, projected U.S. amber box spending for 2018 (inclusive of $8.7 billion in product-specific outlays under the 2018 trade assistance package) could exceed $14 billion. This would be the largest U.S. amber box notification since 2001. However, despite its magnitude, it still would fit within the U.S. spending limit of $19.1 billion. A more ambiguous result is projected for 2019. The expansion of direct payments under a second trade assistance package to $14.5 billion in 2019 and their shift to a non-product-specific WTO classification-when combined with currently projected spending under other non-product-specific programs such as the Price Loss Coverage (PLC) and Agricultural Risk Coverage (ARC) programs-could push U.S. amber box outlays above $24 billion. This would be in excess of the U.S. amber box spending limit of $19.1 billion. However, this projection hinges on several as-yet-unknown factors, including market prices, output values, and program outlays under traditional countercyclical ARC and PLC programs. If the final price and revenue values are higher than currently projected, then program payments under ARC and PLC could be smaller than those used in this analysis. This could decrease both aggregate non-product-specific outlays and the possibility of exceeding the amber box spending limit. If cumulative payments in any year were to exceed the agreed-upon spending limit, then the United States would be in violation of its commitments and could be vulnerable to a challenge under the WTO's dispute settlement mechanism. Furthermore, to the extent that such program outlays might induce surplus production and depress market prices, they could also result in potential challenges under the WTO.
Farm support is contentious in international negotiations. This in-depth assessment of the legal compliance and economic evaluation issues raised by the WTO Agreement on Agriculture presents consistent support data and forward-looking projections for eight developed and developing countries (EU, US, Japan, Norway, Brazil, China, India, Philippines), using original estimates where official notifications are not available. Variations over time in notified support in some cases reflect real policy changes; others merely reflect shifts in how countries represent their measures. The stalled Doha negotiations presage significantly tighter constraints for developed countries that provide the highest support, but loopholes will persist. Developing countries face fewer constraints and their trade-distorting farm support can rise. Pressure points and key remaining issues if a Doha agreement is reached are evaluated. Vigilant monitoring for compliance of farm support with WTO commitments will be required to lessen its negative consequences whether or not the Doha Round is concluded.
Book Synopsis WTO Disciplines on Agricultural Support by : David Orden
Download or read book WTO Disciplines on Agricultural Support written by David Orden and published by Cambridge University Press. This book was released on 2011-03-31 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Farm support is contentious in international negotiations. This in-depth assessment of the legal compliance and economic evaluation issues raised by the WTO Agreement on Agriculture presents consistent support data and forward-looking projections for eight developed and developing countries (EU, US, Japan, Norway, Brazil, China, India, Philippines), using original estimates where official notifications are not available. Variations over time in notified support in some cases reflect real policy changes; others merely reflect shifts in how countries represent their measures. The stalled Doha negotiations presage significantly tighter constraints for developed countries that provide the highest support, but loopholes will persist. Developing countries face fewer constraints and their trade-distorting farm support can rise. Pressure points and key remaining issues if a Doha agreement is reached are evaluated. Vigilant monitoring for compliance of farm support with WTO commitments will be required to lessen its negative consequences whether or not the Doha Round is concluded.
The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of trade distorting agricultural subsidies and, thereby, reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies. The regulation of subsidies by the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising on food security, especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries, which continue to subsidize their agricultural sector. This position of developing countries in the global trade system, which has been described as weak, has drawn criticism of the WTO, namely that it does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations. The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting have grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA. The study examines the regulation of WTO agricultural subsidies from the developing countries’ perspective. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA’s provisions regulating subsidies by adopting a perspective to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is against the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.
Book Synopsis The Regulation of Agricultural Subsidies in the World Trade Organization Framework. A Developing Country Perspective by : Farai Chigavazira
Download or read book The Regulation of Agricultural Subsidies in the World Trade Organization Framework. A Developing Country Perspective written by Farai Chigavazira and published by Anchor Academic Publishing. This book was released on 2016-09 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of trade distorting agricultural subsidies and, thereby, reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies. The regulation of subsidies by the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising on food security, especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries, which continue to subsidize their agricultural sector. This position of developing countries in the global trade system, which has been described as weak, has drawn criticism of the WTO, namely that it does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations. The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting have grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA. The study examines the regulation of WTO agricultural subsidies from the developing countries’ perspective. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA’s provisions regulating subsidies by adopting a perspective to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is against the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.
Growing evidence suggests that 'green box' farm subsidies may in fact affect production and trade, harm farmers in developing countries and cause environmental damage. This book brings together new research and analysis examining the relationship between green box subsidies and sustainable development goals, and explores options for future reform.
Book Synopsis Agricultural Subsidies in the WTO Green Box by : Ricardo Meléndez-Ortiz
Download or read book Agricultural Subsidies in the WTO Green Box written by Ricardo Meléndez-Ortiz and published by Cambridge University Press. This book was released on 2009-12-03 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing evidence suggests that 'green box' farm subsidies may in fact affect production and trade, harm farmers in developing countries and cause environmental damage. This book brings together new research and analysis examining the relationship between green box subsidies and sustainable development goals, and explores options for future reform.
This book takes forward our understanding of agricultural input subsidies in low income countries.
Book Synopsis Agricultural Input Subsidies by : Ephraim Chirwa
Download or read book Agricultural Input Subsidies written by Ephraim Chirwa and published by Oxford University Press, USA. This book was released on 2013-09-26 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes forward our understanding of agricultural input subsidies in low income countries.
The volume offers to the reader a multi-faceted dialogue between noted experts from two major agricultural countries, both founding members of the Word Trade Organisation, each one with different stakes in the great globalisation game. After providing the recent historical background of agricultural policies in India and France, the contributors address burning issues related to market and regulation, food security and food safety, the expected benefits from the WTO and the genuine problems raised by the new forms of international trade in agriculture, including the sensitive question of intellectual property rights in bio-technologies. This informed volume underlines the necessity of moving beyond the North-South divide, in order to address the real challenges of the future.
Book Synopsis Agriculture and The World Trade Organisation by : G. S. Bhalla, Jean-Luc Racine, Frédéric Landy
Download or read book Agriculture and The World Trade Organisation written by G. S. Bhalla, Jean-Luc Racine, Frédéric Landy and published by Les Editions de la MSH. This book was released on 2008-05-05 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers to the reader a multi-faceted dialogue between noted experts from two major agricultural countries, both founding members of the Word Trade Organisation, each one with different stakes in the great globalisation game. After providing the recent historical background of agricultural policies in India and France, the contributors address burning issues related to market and regulation, food security and food safety, the expected benefits from the WTO and the genuine problems raised by the new forms of international trade in agriculture, including the sensitive question of intellectual property rights in bio-technologies. This informed volume underlines the necessity of moving beyond the North-South divide, in order to address the real challenges of the future.
