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Drafting Community Forestry Agreements

From Negotiation to Signature - A Practitioner's Guide









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    The impact of agriculture-related WTO agreements on the domestic legal framework in Tanzania 2006
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    The importance of this assignment arises from the fact that a significant part of the Tanzania trade is basically agricultural and there is currently a growing demand of her agricultural exports1. Thus, understanding a legal and institutional environment under which the agricultural trade is operated is an important strategy for maximizing the benefits of the country’s good land and climatic attributes to lower production costs and thereby become competitive, both at regional and international m arkets. Currently Tanzania has a relatively small export volume, although the recent trend has been upwards, with opportunities emerging in certain areas such as horticulture and traditional cash crops2. Other commodities such as fish products already represent a significant source of income from exports to the EU and are successfully meeting the stringent EC regulatory requirements. However, another potentially important sector, meat products, has yet to overcome these regulatory barriers.
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    Technical study
    The SPS Agreement and biosafety 2007
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    This paper was presented at a regional training workshop on drafting secondary biosafety regulations, organized by the United Nations Environment Programme (UNEP) and funded by the Global Environment Facility (GEF) (10-13 October 2006, Hanoi, Vietnam). The purpose of the workshop was to enable key government staff from Cambodia, Thailand and Vietnam to draft secondary biosafety regulations that are consistent with inter alia the Cartagena Protocol on Biosafety (the Protocol) and other internatio nal treaties and arrangements. The paper includes a general introduction to the World Trade Organization (WTO), its objectives, functions and structure, and to the relevant WTO Agreements in the biosafety area, notably the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement). In addition, it presents the findings of the Panel Report in the recent Biotech dispute and identifies some areas of potential conflict between the Protocol and WTO rules, in particular th e SPS Agreement. The concluding remarks contain some practical considerations on drafting biosafety legislation.
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    Technical study
    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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