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Legal issues in international agricultural trade: the evolution of the WTO Agreement on agriculture from its Uruguay Round origins to its post-Hong Kong directions










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    Legal issues in international agricultural trade: WTO compatibility and negotiations on economic partnership agreements between the European Union and the African, Carribbean and Pacific States 2006
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    The trade relations between the EU as a bloc on the one hand and the ACP countries as a bloc on the other, have for the last three decades been based on a series of “bilateral” treaties designed to provide non-reciprocal preferential terms of access for the products of the latter to the markets of the former – from Lomé I (1975-80), to Lomé II (1980-85), to Lomé III (1985-90), to Lomé IV (1990-1995, later revised and extended to stay until 2000, known as Lome IV bis), and finally to Cotonou (200 0 to 2008).1 It is interesting to observe at the outset that prior to Lomé ‘a number of ACP countries had granted reverse preferences to the EEC’.2 The Lomé process was therefore not just about creation of preferential market access for the products of ACP countries to the EC; it was also about dismantling those pre- Lomé reverse preferences for EC products to access ACP markets, thereby establishing non-reciprocity as the core principle of the Lomé acquis on trade matters. This is set to change now in several important ways and the seed of that change has already been planted in the Cotonou Agreement itself. Indeed, reintroduction of reverse preferences – also called reciprocity – will be a fundamental feature of the Economic Partnership Agreements (EPAs) that are being negotiated at this moment under the Cotonou agenda.
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    The impact of agriculture-related WTO agreements on the domestic legal framework in the Kingdom of Nepal 2006
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    This paper will provide a review of Nepal’s agricultural reform commitments under the terms of its accession to the WTO. The opening section of the paper will provide a background on some of the key factors influencing Nepal’s potential for agricultural trade. In the second section, a brief overview of recent trade policies, as well as some of Nepal’s important bilateral and multilateral trading arrangements will be explored. The third section will focus on the national framework through an anal ysis of Nepal’s legal institutions and domestic legislation to assess the level of compliance with WTO commitments. It will review of GATT related principles, including tariff measures, customs valuation, anti-dumping, subsidies, countervailing measures, state trading enterprises and safeguards as they are applied in Nepal. Under the fourth section, Nepalese institutions and legislation will be assessed within the context of the Agreement on Agriculture, Sanitary and Phytosanitary measures, Tech nical Barriers to Trade and Trade Related Aspects of Intellectual Property Rights. The concluding section of the paper will provide a prognosis for Nepal’s agricultural trade policies under the WTO regime.

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