WTO takes up Vietnam, Indonesia safeguard case
The past few
weeks have seen the World Trade organization (WTO) establish a panel to hear
the Vietnam government’s complaint against Indonesian safeguard measures on
iron and steel imports.
In addition, the International Centre for Trade and
Sustainable Development (ICTSD) has reported that the last few weeks have
witnessed a flurry of activity by WTO members on how to improve the
functioning of the dispute settlement system.
According to the ICTSD, many cases utilizing WTO
dispute resolution procedures have been facing repeated and extensive delays
due to the growing caseload and complexity of the cases.
As it pertains to this case, safeguard measures
essentially allow Indonesia, as a WTO member, to temporarily restrict imports
of Vietnam iron and steel imports to protect the Indonesian industry from an
increase in imports.
The reason for invoking the measures is that Vietnamese
iron and steel imports allegedly ‘threaten’ to cause serious injury to the
industry in Indonesia and the temporary restrictions remain in place until a
WTO court issues a final ruling.
Panel to hear Vietnam-Indonesia
safeguard case
At last week’s meeting of the WTO Dispute Settlement
Body (DSB), a panel was established to hear the Vietnam government’s dispute
(DS496) with Indonesia over the latter’s safeguard measures on iron and steel
products.
This is the second request from Hanoi said the ICTSD as
a previous request had been blocked by Jakarta last September.
The concerns raised by both complainants regarding the
safeguards fall under the longstanding General Agreement on Tariffs and Trade
(GATT) as well as the WTO Agreement on Safeguards.
The main thrust of Vietnam’s argument is that Indonesia
did not provide “reasoned and adequate findings and conclusions regarding the
alleged unforeseen developments and the effect of GATT obligations that led
to the threat of serious injury (or threat thereof)” that were the reasoning
behind the safeguard measures – which have been in place since mid-2014.
Although the case is still winding its way through the
WTO process, the ICTSD has reported widespread dissatisfaction with system
delays in bringing disputes to a prompt conclusion.
Meanwhile, the Vietnam Chamber of Commerce and Industry
(VCCI) cautions that the deeper the country integrates into the global
economy the more safeguard measures and other trade disputes it will
encounter.
Trade disputes are inevitable said the VCCI and there
is no sure-fire way to avoid them but most importantly domestic businesses
need to have an understanding of the WTO’s procedures for resolving quarrels.
To this end, the VCCI said the Vietnam Competition
Authority holds around 20 seminars on trade safeguard and dispute resolution
procedures per year to assist the companies in developing effective strategies
for coping with them.
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Thứ Tư, 11 tháng 11, 2015
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