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Author: Sabina Nüesch Publisher: Peter Lang ISBN: 9783039117673 Category : Competition Languages : en Pages : 382
Book Description
The initial leaps forward in international trade liberalisation were achieved under the auspices of the General Agreement on Tariffs and Trade (GATT) when trade barriers in the form of tariffs were significantly reduced or removed up until the mid-1970s. However, this advancement was counteracted by a «new protectionism» which surfaced in the oil crises and the subsequent world economic recession. The term «new» was not to indicate the novelty of protectionist tendencies regaining momentum, but instead referred to the ever more subtle instruments, deploying non-tariff barriers to trade. Among these «grey area» measures (to use GATT parlance) are the voluntary export restraints (VERs) which unfolded insidiously over the years. Whereas the proliferation of VERs has attracted abundant economic studies and political debate, it found only limited legal discussion. Despite their outright ban in the Uruguay Round (when VERs were outlawed by the Agreement on Safeguards), the rare instances where VERs have actually been challenged is clearly unrepresentative of their propagation. The aim of this thesis is to elaborate on the popularity of VERs, to examine the lack of judicial consideration afforded to them, expanding therefore on the intersection of international trade regulation with competition law, economics and international political economy.
Author: Sabina Nüesch Publisher: Peter Lang ISBN: 9783039117673 Category : Competition Languages : en Pages : 382
Book Description
The initial leaps forward in international trade liberalisation were achieved under the auspices of the General Agreement on Tariffs and Trade (GATT) when trade barriers in the form of tariffs were significantly reduced or removed up until the mid-1970s. However, this advancement was counteracted by a «new protectionism» which surfaced in the oil crises and the subsequent world economic recession. The term «new» was not to indicate the novelty of protectionist tendencies regaining momentum, but instead referred to the ever more subtle instruments, deploying non-tariff barriers to trade. Among these «grey area» measures (to use GATT parlance) are the voluntary export restraints (VERs) which unfolded insidiously over the years. Whereas the proliferation of VERs has attracted abundant economic studies and political debate, it found only limited legal discussion. Despite their outright ban in the Uruguay Round (when VERs were outlawed by the Agreement on Safeguards), the rare instances where VERs have actually been challenged is clearly unrepresentative of their propagation. The aim of this thesis is to elaborate on the popularity of VERs, to examine the lack of judicial consideration afforded to them, expanding therefore on the intersection of international trade regulation with competition law, economics and international political economy.
Author: Geraldo Vidigal Publisher: ISBN: Category : Languages : en Pages : 29
Book Description
As part of the renegotiation of its Free Trade Agreement with the United States, South Korea has agreed to cut by 30% it steel exports to the US. In NAFTA negotiations, it is reported that Mexico has also agreed to a quota on auto exports, after which Mexican autos would be subject to more-than-MFN tariffs. Other WTO Members have accepted the application by the US of quotas on their steel an aluminium exports, avoiding additional tariffs on their products. These agreed limitations on exports bring back the spectre of 'voluntary export restraints', a widespread practice of the 1980s that was outlawed in the Uruguay Round Agreements. This article discusses the ways in which WTO law regulates, and does not regulate, agreements between WTO Members to limit parties' rights under WTO law ('WTO-minus'). While WTO-minus provisions in bilateral agreements are able to influence WTO law only under very specific circumstances, the design of WTO dispute settlement is such that measures based on WTO-minus arrangements may remain unopposed for long periods of time. At the same time, if trade-restrictive measures are challenged, WTO-minus provisions are unlikely to serve as a defense before WTO adjudicators, even where the Member that gave its consent to the WTO-inconsistent measure is the one challenging it.
Author: Kelly Kuan Shang Publisher: ISBN: 9789462404144 Category : Languages : en Pages : 292
Book Description
This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions? This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values. A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong's export ban of baby milk formula, the European Union's economic sanctions against Russia, as well as New Zealand's export quality requirement for wine, single export desk requirement for kiwi fruits, and the export ban of certain minerals with spiritual values. Further analyses of these case studies revealed several underexplored types of export restrictions, and demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators. [Subject: Trade Law, WTO, Public International Law, International Law]
Author: Chien-Huei Wu Publisher: Cambridge University Press ISBN: 9781108948869 Category : Law Languages : en Pages : 0
Book Description
Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.
Author: Marc Bacchetta Publisher: ISBN: 9789287038128 Category : Political Science Languages : en Pages : 0
Book Description
Trade flows and trade policies need to be properly quantified to describe, compare, or follow the evolution of policies between sectors or countries or over time. This is essential to ensure that policy choices are made with an appropriate knowledge of the real conditions. This practical guide introduces the main techniques of trade and trade policy data analysis. It shows how to develop the main indexes used to analyze trade flows, tariff structures, and non-tariff measures. It presents the databases needed to construct these indexes as well as the challenges faced in collecting and processing these data, such as measurement errors or aggregation bias. Written by experts with practical experience in the field, A Practical Guide to Trade Policy Analysis has been developed to contribute to enhance developing countries' capacity to analyze and implement trade policy. It offers a hands-on introduction on how to estimate the distributional effects of trade policies on welfare, in particular on inequality and poverty. The guide is aimed at government experts engaged in trade negotiations, as well as students and researchers involved in trade-related study or research. An accompanying DVD contains data sets and program command files required for the exercises. Copublished by the WTO and the United Nations Conference on Trade and Development
Author: Brian Hindley Publisher: A E I Press ISBN: Category : Business & Economics Languages : en Pages : 100
Book Description
Antidumping actions are increasingly used as a means of fostering and protecting "strategic industries" by both developed and developing countries. This study analyzes the antidumping systems of a number of key trading nations-the United States, major European nations, and developing countries in Asia-and traces the interconnections with industrial policy. It also describes the implications of these new actions for the multilateral trading system.
Author: Joost Pauwelyn Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
“Trade saves lives” could have been the headline. COVID-19 hit so hard, quickly and across so many nations at the same time, that many countries not only rushed to produce and import, but also imposed export restrictions on protective masks, ventilators and other products they were running out of. On one count, as of 26 April 2020, at least 75 governments had banned or limited exports of medical supplies and medicines. The impact and pros and cons of such export restrictions have been discussed elsewhere. What this contribution seeks to do is to set out the options and limits under international trade agreements. Section II discusses export restrictions under EU law, first within and then outside the EU. Section III turns to WTO agreements, discussing both obligations in respect of export restrictions, and a number of exceptions explicitly provided for. It also refers to trade remedies as a possible response to export restrictions. Section IV briefly examines preferential trade agreements. Section V concludes, highlighting the importance of transparency and the limits of law and enforcement procedures when it comes to emergency measures, especially those enacted on a temporary basis in the midst of a crisis.Economists have almost universally condemned the recent surge in export restrictions. The main take-away point when looking at what international law currently provides for is, however, that it offers countries a great deal of leeway to enact such restrictions especially during a pandemic. One question for further research and negotiations is whether this wiggle room ought to be reduced to effectively address the next pandemic. Some recent commitments and proposals have been made in this direction. They are referenced in the conclusion.
Author: Aluisio Lima-Campos Publisher: Routledge ISBN: 1317196627 Category : Law Languages : en Pages : 312
Book Description
Introduction to Trade Policy provides a comprehensive overview of the rules and regulations that govern trade flow. It discusses the trade policy formulation process of major international economic players, and analyzes existing trade policy tools that countries may resort to in order to take advantage of the benefits of international trade and to protect themselves against its dangers, as well as their implications for trade policy, law and negotiations. In Section I, the book explores the ways in which interest groups interact with government and legislators to shape trade policies. By developing an analytical view of trade policy formulation systems in the U.S., European Union, the BRICS countries (Brazil, Russia, India, China and South Africa), Canada, Mexico and Australia, the book will help the reader to gain a better understanding of these countries’ trade policy developments and also to apply such learning to the analysis of the trade policy formulation of any other countries. Section II goes on to explain how trade policy tools are used by governments to achieve trade and other policy objectives, while Section III analyses trade in services and the multilateral trade rules on Intellectual Property. Finally, Section IV uses hypothetical case studies in simulation exercises to illustrate trade policy decision-making and trade agreement negotiations in a bilateral, plurilateral and multilateral setting. This is the ideal introduction to international trade policy formulation for students and professionals in the areas of law, politics, economics and public policy who are seeking to develop a global view of international trade, gain insights into trade negotiations and understand the motivations behind the policies and actions of governments regarding international trade issues. This book is also the ideal companion to any traditional legal casebook on international trade or on international economic law.
Author: Aneta Tyc Publisher: Routledge ISBN: 1000395928 Category : Business & Economics Languages : en Pages : 171
Book Description
This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States–Mexico–Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.
Author: Sabina Nüesch
Author: Sabina Nüesch
Author: Geraldo Vidigal
Author: Kelly Kuan Shang
Author: Chien-Huei Wu
Author: Marc Bacchetta
Author: Brian Hindley
Author: Joost Pauwelyn
Author: 
Author: Aluisio Lima-Campos
Author: Aneta Tyc