Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear (DS461)

Francois, Joseph; Whittaker, Janet (2018). Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear (DS461). World trade review, 17(02), pp. 335-352. Cambridge University Press 10.1017/S1474745617000623

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In this paper, we examine the recent WTO dispute Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear. The dispute centers on the appropriate use of trade measures to target trade-related money laundering, the WTO consistency of such measures, and an ancillary question of appropriate time for remedies to be applied. The economics of the measures employed do not directly target the ostensible justification for the measures, while Colombia failed to convince the Panel and Appellate Body of key points related to the necessity of the measures taken. There has been success targeting trade-related money laundering following from cooperation of customs authorities and financial regulators to more directly target the agents involved. There may be a role for the WTO, in the form of steps taken to encourage such cooperation (as in Argentina – Measures Relating to Trade in Goods and Services). The basic lesson is that second best, blunt, and likely misdirected policies are not easily justified at the WTO, though more direct measures may be.

Item Type:

Journal Article (Original Article)

Division/Institute:

03 Faculty of Business, Economics and Social Sciences > Other Institutions > Teaching Staff, Faculty of Business, Economics and Social Sciences
02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation

UniBE Contributor:

Francois, Joseph

Subjects:

300 Social sciences, sociology & anthropology > 340 Law
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation

ISSN:

1474-7456

Publisher:

Cambridge University Press

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

13 Feb 2019 14:56

Last Modified:

04 Nov 2019 21:37

Publisher DOI:

10.1017/S1474745617000623

BORIS DOI:

10.7892/boris.126109

URI:

https://boris.unibe.ch/id/eprint/126109

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