Dissertations / Theses on the topic 'Jordan's international trade regime'
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1
Muhtaseb, Buthaina Mohamed Ali. "International competitiveness of Jordan's manufacturing industry." Thesis, University of Strathclyde, 1995. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=21582.
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The International competitiveness of Jordan's manufacturing sector has recently been of considerable concern to officials in Jordan. This study examines Jordan's capacity to compete successfully in foreign markets and with imports in Jordan's market, and the impact of the recent policies on the price and short-run aspects of competitiveness for a period from the mid-1970s to the early 1990s. Unlike previous studies, assessment and analysis of Jordan's relative competitive position are built on indicators constructed exclusively for the manufacturing sector covering import, export, and overall dimensions of competitiveness. The OECD model has been employed using export, import and producer prices, and trade double weights for manufactures. The results show that Jordan's competitiveness deteriorated until the mid-1980s. Subsequently, competitiveness improved with the most pronounced gains being achieved at the end of the 1980s and in the early 1990s, particularly in import and overall competitiveness. The maintenance of a strong Jordanian dinar associated with other unfavourable internal and external developments in Jordan's and competitors' prices before the mid-1980s, and the favourable developments in these prices including the devaluation of the Jordanian dinar at the end of the 1980s, may explain the initial deterioration in competitiveness and the subsequent improvement. Between the mid-1970s and the late-1980s the gains achieved in import competitiveness process were reflected in most years in declines in the import penetration ratio; and in the case of the export competitiveness process were translated into higher market shares. The Constant-Market-Share approach shows that one-third of the expansion in Jordan's manufactured exports was attributable to improved competitiveness. The Commodity effect, particularly for chemicals, was favourable to this expansion, while the concentration of exports on the sluggish import demand of the Middle Eastern countries resulted in a slight unfavourable market effect.
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Fonseca, Raymond Steenkamp. "The South in the GATT and WTO regime : cooperation in international trade." Master's thesis, University of Cape Town, 2007. http://hdl.handle.net/11427/3769.
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Young, Margaret Anne. "Trade related aspects of fisheries : fragmentation and regime interaction in international law." Thesis, University of Cambridge, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612483.
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Özsahin, Ersin. "The international constraints on regime changes how globalization hinders the prospects for democratization /." Wiesbaden : VS Verlag für Sozialwissenschaften, 2010. http://dx.doi.org/10.1007/978-3-531-92254-6.
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Liu, Chi-Wei. "Hog island agricultural protectionism, food dependency, and impact of the international food regime in Taiwan /." Diss., Online access via UMI:, 2008.
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Nischalke, Tobias Ingo. "Theories of international cooperation and the GATT/WTO regime: beyond the dichotomy of rational and cognitive approaches." Thesis, Rhodes University, 1997. http://hdl.handle.net/10962/d1003027.
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This thesis aspires to assess the explanatory value of different theories of international cooperation for the case of the world trade regime of GATT/WTO and subsequently strives to reach a satisfactory interpretation of the instance of cooperation. The world trade regime embarked on a process of transformation with the signing of the Marrakech Agreements of 15th April 1994. The event marked the conclusion of the Uruguay Round and, with the establishment of the WTO, the beginning of a new era for the world trade regime. The thesis endeavours to establish the substance of the regime change from GATT to the WTO. It outlines the most significant provisions of the agreement of the Uruguay Round and, subsequently, analyses the change on the level of regime norms underlying the world trade regime. The analysis of regime norms yields insights about the essence of the regime transformation and as to what factors proved to be conducive to cooperation in the sphere of the world trade. The GATT/WTO regime with its extended scope and more sophisticated institutional structures can be regarded as a prime example of successful cooperation. However, the prospects for cooperation between states in an anarchic environment without central authority for enforcement are the subject of a remarkably intense scholarly debate. Therefore it is worthwhile to examine which theoretical framework proves to be most adept at elucidating the circumstances of this instance of cooperation. This thesis applies different theories of international cooperation to the case of the GATT/WTO regime. While a large array of rational theories attempts to explain cooperation from a perspective which focuses on interests and capabilities, a different strand of theories, that of cognitive approaches, emphasizes the paramountcy of ideas and beliefs as variables which explain cooperation. They endogenize the process of interest formation. This thesis seeks to synthesise the strong points of rational and cognitive approaches and thus to reconcile the divergent schools of thought. Its further purpose is to set out factors which are conducive to cooperation.
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Hong, Tzay-Pyng. "International patent regime for pharmaceuticals from the Paris Convention to the TRIPS Agreement." Thesis, University of Hull, 2000. http://hydra.hull.ac.uk/resources/hull:4446.
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Intellectual property protection (IPP) attained its importance in recent years because of the steady increase of intellectual property-endowed goods and technology in global trade. Technology producers, among them multilateral pharmaceutical companies (MPCs) felt that the Paris Convention (the Convention) was not adequate in dealing with trade related issues, and that an agreement was needed to integrate the subject of IPP; especially patent protection for pharmaceuticals, into the broader context of global trade law. The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) concluded in the Uruguay Round in 1994 brought IPP into the global trading system. The patent system contained in the Agreement reflects to a large extent MPCs' proposal for a strengthened patent system which paves the way to ensure market access and equal competition opportunity in their endeavour to expand global operation. The objective of the global trading system is to liberalise trade, achieved by securing commitments of market access and equal competition opportunity through the application of the principles of most-favoured-nation treatment, national treatment and reciprocity, reinforced by domestic competition policy to ensure efficient functioning of markets.However, in regard to patent protection for pharmaceuticals, the exercise of the exclusive marketing rights conferred by patent protection has trade restricting effect because competition is excluded during the patent term. This trade restricting effect does not compliment the objective of the global trading system nor promote competition. But the TRIPS Agreement does not cover a negotiated result on securing the recognition in domestic competition policy of the exclusive marketing rights conferred by patent protection, especially when domestic competition policy is designed to compliment microeconomic policy such as health care cost control. The implementation of international exhaustion to allow parallel importation of patented products during the term of patent is an example in point. It is an issue the TRIPS Agreement does not address and is excluded from the World Trade Organisation (WTO) dispute settlement mechanism. It is a legal issue because the disparity among national competition policy will cause trade distortions. It is political because the issue touches upon nations' regulatory autonomy in designing their competition policy to compliment other government policies. It also has economic implications in that countries might wish to rely on parallel importation as a mechanism to bring down prices of patent products. A complex issue as such requires- a multilateral solution enshrined in a legally binding agreement. In the absence of such an agreement, patent system under the TRIPS Agreement will be inadequate and ineffective because it will become inoperable and nations will incline to retrieve to unilateral actions for the resolution of grievances.
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Weber, Christoph. "The evolving international regime of trade in financial services under the auspices of the GATT /." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60696.
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This thesis is designed to verify the potential for an efficient multilateral agreement on trade in financial services.After reference to the prevalent types of regulatory barriers and protectionist behaviour, the study analyzes those trade concepts and principles that are of particular importance and relevance to the financial services sector.
A detailed comparison of national submissions for a draft agreement and schedules of market opening commitments from various developing and developed countries subsequently attempts to demonstrate the remaining discrepancy between controversial and often abstract attitudes.
Despite the undeniable influence of the individual level of development and competitiveness, the thesis concludes that the successful fate of the Uruguay Round negotiations on financial services depends primarily on the sincere willingness of all parties to reach a beneficial compromise.
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Wells, Karen. "International and domestic sources of state stability and regime collapse : merchant capital in Ethiopia, 1974-1995." Thesis, London School of Economics and Political Science (University of London), 1999. http://etheses.lse.ac.uk/1548/.
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This thesis is an analysis of the interrelationship between international and domestic determinants of state action in Ethiopia in the period 1974 - 1995. It uses an historical materialist framework to show that the Ethiopian state acts to further the interests of domestic merchant capital, and that continuities between successive regimes express a deeper underlying continuity in the structures of the social formation. It discusses the ways in which land reform further entrenched peasants in their existing conditions of production, in response to which the Derg regime undertook to extend state interventions in trade. State involvement in trade has been crucial to the ability of successive regimes to preserve and expand state structures. The alliance with merchant capital which underpinned the state's role in trade explains the decision to nationalise industry. Nationalisation led to a decline in industrial production to the benefit of domestic merchant capital. However the dominance of merchant capital exists alongside low-levels of capital accumulation which renders the state dependent on external alliances and therefore makes regimes highly susceptible to changes at the international level. The low-level of development of the productive forces has retarded the integration of Ethiopia and strengthened regional identities. The resulting fragmentation of power has been an enduring theme of Ethiopian politics. These continuities in underlying structures have contributed to continuities in regime action at the level of the degree of state penetration, the formation of state revenues, and the military basis of regime legitimacy. Finally, it suggests that the model offered here, of a state supporting a domestic merchant class, may be useful in explaining the relationship between states and classes elsewhere in sub-Saharan Africa.
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Greene, Owen J. "Enhancing traceability of small arms and light weapons flows: developing an international marking and tracing regime." Thesis, British American Security Information Council (BASIC), International Alert and Saferworld, 2001. http://hdl.handle.net/10454/4239.
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yesEfforts to combat and prevent illicit trafficking and proliferation of small arms and light weaponsEfforts to combat and prevent illicit trafficking and proliferation of small arms and light weapons (SALW) are obstructed by lack of capacity to trace sources and lines of supply for arms. Such efforts are necessary in order to identify points of diversion or loss of responsible control so that actions can be taken to tackle the problems. This hampers efforts to prevent future loss and diversion, for example, or to close down unauthorised or destabilising arms supply networks. Measures to enable tracing of sources and lines of supply of SALW are therefore a priority. Because of the international scope of the flows of SALW, such measures need to be taken by all states and all other relevant members of the international community. International standards and mechanisms to enable tracing need to be established and developed as a priority. An effective international system to enable tracing of sources and flows of SALW requires three essential elements: adequate marking to uniquely identify each weapon; detailed and accessible record-keeping; and mechanisms for international co-operation in tracing sources and lines of supply of SALW. At present there are substantial weaknesses and problems in each of these three areas. (SALW) are obstructed by lack of capacity to trace sources and lines of supply for arms. Such efforts are necessary in order to identify points of diversion or loss of responsible control so that actions can be taken to tackle the problems. This hampers efforts to prevent future loss and diversion, for example, or to close down unauthorised or destabilising arms supply networks. Measures to enable tracing of sources and lines of supply of SALW are therefore a priority. Because of the international scope of the flows of SALW, such measures need to be taken by all states and all other relevant members of the international community. International standards and mechanisms to enable tracing need to be established and developed as a priority. An effective international system to enable tracing of sources and flows of SALW requires three essential elements: adequate marking to uniquely identify each weapon; detailed and accessible record-keeping; and mechanisms for international co-operation in tracing sources and lines of supply of SALW. At present there are substantial weaknesses and problems in each of these three areas.
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Mohammed, Anass. "An assessment of Ghana's anti-dumping regime in line with the World Trade Organisation Anti-Dumping Agreement." University of the Western Cape, 2017. http://hdl.handle.net/11394/6386.
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Magister Legum - LLM (Mercantile and Labour Law)The establishment of an anti-dumping regime has become commonplace for many a government that seeks to protect and promote its local industries. One reason which appears to be dominant by its proponents is the need to curb predatory pricing. Another reason given by the proponents of anti-dumping is the need to maintain a level playing field for players in any particular industry. With these reasons and probably many others, anti-dumping legislation began to find its way into present-day trade. Canada, with its anti-dumping statute of 1904 [An Act to Amend the Customs Tariff 1897, 4 Edw VIII, 1 Canada Statutes 111 (1904)] is credited with the first modern anti-dumping legislation. New Zealand followed in 1905 with the Agricultural Implement Manufacture, Importation and Sale Act 1905, which was primarily meant to protect New Zealand's manufacturers of agricultural implements. The Industries Preservation Act 1906 which Australia enacted was to deal with market monopoly by manufacturers but it also contained provisions on anti-dumping. The first decade of the 20th century will thus qualify to be called the introductory decade of anti-dumping legislation.
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Marengo, Umberto. "The European Union in the international energy regime and relations with the countries of the Gulf Cooperation Council, 1981-2013." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709420.
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Dutra, Paula Hebling. "Institution Interaction and Regime Purpose - Considerations Based on TRIPS/CBD." Ohio University / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1180729582.
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GANDELMAN, MARISA. "THE POWER OF KNOWLEDGE IN THE GLOBAL POLITICAL ECONOMY : THE INTELLECTUAL PROPERTY INTERNATIONAL REGIME, FROM ITS ORIGIN TO THE CURRENT TRADE RULES." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2002. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=2866@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROO objetivo principal da presente dissertação é discutir a dinâmica dos relacionamentos entre estados, e entre estado e sociedade, que giram em torno da produção e do acesso ao conhecimento, entendido como o estado da arte, da ciência e da tecnologia e as crenças e idéias de cada época a esse respeito. O exame desses relacionamentos será feito através do estudo do regime da Propriedade Intelectual, o que torna necessário discutir as teorias de regimes a fim de entender sua importância nas relações internacionais. Trata-se, portanto,de duas discussões interligadas, cada uma em seus aspectos substantivos, que levam a conclusões tanto a respeito da importância dos regimes como a respeito da dinâmica dos relacionamentos que giram em torno da produção e do acesso ao conhecimento. Minha proposta é discutir os dois temas centrais desse trabalho através da análise de como aconteceram as mudanças no regime internacional da propriedade intelectual e a mudança de regime. As mudanças serão identificadas a partir dos instrumentos legais que constituem o regime, dos debates sobre a adoção de agendas de revisão desses instrumentos legais, e do exame das coalizões formadas em função dos interesses particulares dos atores em cada um dos diferentes foros de negociações. Outra contribuição que esse estudo pretende trazer é uma pesquisa da literatura sobre o tema da propriedade intelectual que adota abordagens teóricas e ferramentas analíticas da disciplina de Relações Internacionais.
The proposal of this work is to discuss the dynamics of interactions between states and between states and society, in which the main object is the production and access to knowledge - here understood as the state of the art, science and technology, and the beliefs and ideas about it. This dynamics is analyzed through the study of the Intellectual Property International Regime, what makes it necessary to discuss also regime theories and the meaning of regimes to International relations. Two separate and interconnected discussions will be developed, each one with its own aspects, and will bring us to conclusions both about the importance of regimes and about the dynamics of interactions on production and access to knowledge. The two main discussions are advanced through the analysis of regime changing. The changes are identified on the legal instruments which constitute the Intellectual Property regime, through the analysis of the debates over the agendas of revisions on these legal instruments, and through the exam of the coalitions created around particular interests of the actors in each of the different forum of negotiations. Another contribution this study intends to bring is a research on the literature about Intellectual Property that takes a theoretical approach and uses analytical tools of the discipline of International Relations.
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Chochorelou, María. "Multinational corporations as a new subject of international investment law: Rights conferred to investors under the ISDS provisions of intergovernmental and bilateral treaties and ways to balance this new reality." Doctoral thesis, Universitat Internacional de Catalunya, 2018. http://hdl.handle.net/10803/664724.
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The international investment regime has faced several criticisms already since the
mid-2000s. Scholars and civil society have called both for refinement of the content of
the numerous bilateral investment treaties (BITs) and other international investment
agreements (IIAs), as well as for reconsideration of the purpose of the investment
regime.
Over the past few years, we face a phase of ‘re-orientation’ of international investmen
law. The 1990s rush of conclusion of BITs is slowing down and gives way to the
negotiations at the regional level. This era of transition from investment bilateralism
to regionalism presents us with a paradox, which has revived the question of the legal
status of multinational corporations. On the one hand, the mega-regional Free Trade
Agreements (FTAs) concluded and being negotiated advance the protection of
investors and facilitate their access to Investor-State dispute settlement (ISDS). On the
other hand, States attempt to react to investors’ growing power either by opting out
from ISDS or by reforming investment standards to better reflect their interests.
One of the primary objectives of States during this phase of re-orientation of
international investment law is safeguarding their right to regulate for public
purpose interests. In order to meet this goal, the past few years States slightly shift
towards sustainable development, a concept that has been criticized as threatened
by the old IIA regime. The adoption of a sustainable development-oriented
approach in investment law also depends largely on the tribunals that are tasked
with the interpretation of IIAs. Despite their current reluctance to engage in a
sustainable development discussion, this situation may alter with the conclusion of
the post-2015 FTAs. These treaties make more references to the principle, both in
separate chapters and in their investment chapters. They also place at the
arbitrators’ disposal interpretative tools for the integration of sustainable
development into their argumentation.
This thesis concludes that regionalism has not be suitable to resolve the ‘battle’ of
predominance between investors and States. It argues that other options that may be
more suitable to strike a delicate balance between the protection of foreign
investment and the public interests of States, and reflects on changes that may render
the investment regime more compatible with sustainable development. Special focus
is given to the drafting of a multilateral investment treaty, which, although could serve
as a ‘golden mean’ between States and investors, still raises concerns and seems as as
farfetched idea.
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Altay, Serdar [Verfasser]. "Hegemony, Private Actors, and International Institutions: Transnational Corporations as the agents of transformation of the trade regime from GATT to the WTO / Serdar Altay." Kassel : Universitätsbibliothek Kassel, 2012. http://d-nb.info/1026360080/34.
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Reis, Marcelo Simões dos. "Comércio internacional de produtos agrícolas: um regime orientado pela dicotomia Norte-Sul." reponame:Repositório Institucional do UniCEUB, 2005. http://repositorio.uniceub.br/handle/235/9894.
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A presente dissertação explora o tema do comércio internacional de produtos agrícolas, com o objetivo de identificar as forças conflituosas que direcionam o rumo das negociações no âmbito da Organização Mundial de Comércio. Toma-se a dicotomia Norte-Sul como ponto de partida. Tendo em vista que o estudo se concentra na história, percebe-se que, aos menos nas primeiras cinco décadas de operação do GATT, outras conformações antagônicas detêm maior influência sobre o regime do comércio internacional de produtos agrícolas. O embate entre Estados Unidos e Comunidade Européia na década de oitenta é fundamental para entender a sistemática do Acordo Agrícola em vigência. Com o aumento do interesse de países em desenvolvimento, o cenário muda nas negociações da Rodada Doha. O uso mais freqüente de elementos como tratamento preferencial, não reciprocidade e discriminação positiva em benefício de países de baixa renda torna o diálogo Norte-Sul mais relevante ao se analisar o regime do comércio internacional de produtos agrícolas. No entanto, reconhece-se que a tensão entre economias centrais continua exercendo um papel fundamental nesse tocante.
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Gale, Fred P. (Fred Peter) Carleton University Dissertation Political Science. "The Ecological political economy of global environmental cooperation; a case study of the International Tropical Timber Organisation in the making of the tropical timber trade regime." Ottawa, 1996.
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Dinis, Edmundo Pedro Fernandes. "O Centro Internacional de Negócios da Madeira : Comparação do seu Regime com o dos Paraísos Fiscais." Master's thesis, Instituto Superior de Economia e Gestão, 2011. http://hdl.handle.net/10400.5/4521.
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Mestrado em Ciências EmpresariaisCriada no início dos anos 80, a Zona Franca da Madeira (ZFM) ou Centro Internacional de Negócios da Madeira (CINM) tem vindo a assumir protagonismo a nível económico, fiscal e político. Contudo, o debate em volta do facto de a ZFM ser ou não considerada um offshore é uma questão essencial. Este trabalho visa, não só apresentar algumas conclusões sobre esse ponto-chave, mas também medir o impacto económico e fiscal na Região Autónoma da Madeira.
Created in the early '80s, the International Free Trade Zone of Madeira (IFTZ), also known as The International Business Centre of Madeira (IBC), has been assuming a substancial economic, fiscal and political role. However, the debate around the fact that the IFTZ is or is not considered an offshore is an important issue. The purpose of this work is, not only, bring forward some conclusions about this key point, but also measure the economic and tax impact in the Autonomous Region of Madeira.
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Davis, Lori Leigh. "The Kimberley Process and Certificate Scheme : a classical Aristotelian rhetorical analysis of the international tripartite regime against conflict diamonds." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/14255.
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Established in 2003, the Kimberley Process (KP) is a binding agreement; backed by the United Nations, that unites civil societies, state actors and the diamond industry to safeguard ‘conflict' diamonds from entering legitimate rough diamond trade around the world. The unique international tripartite organization is voluntary but mandates state participants to abide by the Kimberley Process Certification Scheme (KPCS) minimum requirements in order to stem the financing or wars against legitimate governments. This study represents the first to explore the communications within the KP. The linguistic turn relies on Classical rhetoric theory with an emphasis on Aristotle's three appeals of persuasion (“pisteis”): ethos, logos and pathos of elite actors in the KP. As for the precise nature of the contribution to rhetorical analysis, this project is best characterised as an application of Classical principals of rhetorical analysis, rather than as a development of theory. A comprehensive literature review of the KP and KPCS is another distinctive contribution. Furthermore, this academic endeavour offers a unique method as shown in the observation of a KP Intersessional meeting. Supplementing the qualitative inquiry, semi-structured interviews were conducted with all of the KP groups and included a wide sample of civil society international and national non-government organizations, state actors and industry members otherwise not represented in previous empirical efforts on the subject. The data chapters achieve the primary aim to add to the understanding of the KP. Firstly, the civil societies engage in boycott rhetoric using ethos and negative pathos. As for state actors, the KP Chair exhibits charismatic leadership rhetoric, while ‘recognized' established states use logical reasoning, the ‘outlier' states evoke positive pathos. Lastly, the diamond industry experts appeal to negative emotions, the World Diamond Council to logos, and De Beers to positive emotional appeals. Combined, the rhetoric shows (a) how KP rhētors use different rhetorical strategies; (b) which in turn shape distinct discourses; (c) and contain dissimilar claims; (d) points to different motivations; (e) highlight different identities; (f) reveal key characteristics, and; (g) the nature of relationships within the KP. The organization rhetorical analysis also entails how the multiple KP leaders view the KP and KPCS and change. While the rhetoric helps demonstrate the constraints surrounding the KP and KPCS it also underlines the primary human rights and human security in which they all share. This thesis provides an extended critical view of the rhetoric by connecting Aristotelian pisteis with different conceptions of power outlined by French and Raven (1959) and Lukes (2005/1974). Combined, the rhetoric helps to explain the ways the KP attempts to achieve their specific political and economic goals while also building relationships with their stakeholders. Rhetoric is a worthwhile theory and methodological approach in order to explore organizations. The KP, and other international organizations provide an opportune arena for further rhetorical attention.
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Musungu, Sisule Fredrick. "The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/931.
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"The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ...
This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world.
The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1Mini Dissertation (LLM)--University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Neumann, Peter. "United Nations procurement regime : description and evaluation of the legal framework in the light of international standards and of findings of an inquiry into procurement for the Iraq oil for food programme /." Frankfurt, M. ; Berlin Bern Bruxelles New York, NY Oxford Wien : Lang, 2008. http://d-nb.info/990602338/04.
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Saldner, Simon. "Stopping Destructive Arms Proliferation: How the Arms Trade Treaty can improve peace and security by introducing the first international regulations on transfers of conventional arms." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22366.
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This thesis explores how the newly adopted Arms Trade Treaty (ATT), the first internationaltreaty to regulate the trade in conventional arms, can address the issue of the illegal andirresponsible proliferation of small arms and lights weapons (SALW) and improve peace andsecurity. By far the most commonly used weapons in modern conflicts, SALW and theireffects mainly on intrastate conflicts, I argue, are the most important issues for the ATT toaddress. Being one of the prime sources of fuel for, and even cause of, the new trend ofincreasingly deadly and destructive intrastate conflicts today, controlling the largely illegaland internationally unregulated SALW market would be a crucial step to improving peaceand security.The thesis uses Security Dilemma theory to describe how arms and their proliferation posethreats to peace and security, while international law and regime theory is used to identifyhow legal action and structures of cooperation (regimes) can offer solutions to theseproblems. To determine to what extent the ATT can address these issues, the thesis uses acase study approach together with a content analysis of the ATT text to identify the relevantlegal provisions and how they can operate in the context of the theoretical framework.The findings of this study suggest that the most important aspect of the ATT is that itimposes prohibitions on any arms transfer that risks being used to commit acts of genocide,human rights abuses and other violations of international law, or that risk leading todiversion. These provisions could be used to stop the irresponsible kinds of arms transfersthat facilitate these crimes. The effects of the ATT are however largely dependent on the willof states, which will determine the effectiveness of the treaty. Nonetheless, as this thesisshows, the ATT provides tools and a legal platform that could, if utilized, have a substantialimpact on these issues.
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Kuchler, Magdalena. "Synergies between UNCTAD and UNFCCC – potentials, obstacles, consequences." Thesis, Linköping University, Department of Water and Environmental Studies, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-9397.
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Climate change is a complex and multidimensional issue that encompasses not only environmental problems but also political, socio-economic and cultural challenges as well. Moreover, major shifts in the weather patterns caused by the anthropogenically induced global warming may have significant impacts on the global economy and international trade in particular. However, the effects of climate change will be distributed unevenly around the world and the poorest nations will be affected the most due to their higher vulnerability. Additionally, the winners and losers nexus will probably differ between the time of mitigation efforts and reality of adaptation process. These issues will create more complications in the relations between developed countries (global North) and developing nations (global South). Therefore, if multilateral treaties and institutional arrangements regarding climate change are to be effective and acceptable to all parties, there is a need to deal with problematic of global warming as a whole, including the issues of development and international trade in particular. A concept of synergy is a strategy that could allow building a mutual cooperation between climate change and international trade regimes. It is important to emphasize that the synergy is understood here not as a simple cooperation of two separate parts, but as combined efforts which final effect is greater than a sum of individual parts working separately.
Thus, the aim of this study was to trace and analyze linkages between the UN Conference on Trade and Development (UNCTAD) and the UN Framework Convention on Climate Change (UNFCCC) in order to determine potentials, obstacles and consequences of synergies between these two organizations. The linkages – that are prerequisites of synergies – between the two organizations were traced within the four key areas: institutional capacity, political dimension, conceptual basis and recommendations for actions. The research was conducted based on the case study that allowed investigation of synergies as a contemporary phenomenon within its real-life context. A broader understanding and clearer conclusions regarding synergies were achieved through the method of interpretation called hermeneutic circle. The world-systems and dependency theory together with a historical background of the two respective institutions became a pre-understanding of examined issues during the analytical process.
The biggest potentials for establishing synergies between UNCTAD and UNFCCC were found within currently existing institutional linkages based on affiliation with the United Nations system of institutions, as well as on research and capacity building regarding the Clean Development Mechanism (CDM). Whereas obstacles were visible in: the North-South paradigm (or core-periphery in terms of the world-systems theory); the winner-loser division – particularly when it comes to CDM projects and adaptation to climate change impacts – visible not only on the North-South line of relations but also the South-South as well; and environmental aspects vs. economic benefits (what is the priority: climate protection or continuation of development). Conclusions of this study allowed envisaging three potential outcomes of synergies between UNCTAD and UNFCCC. Additionally, three alternative scenarios were suggested based on the aspiration to balance influences of the North and the South – a tactics that could make mitigation efforts and adaptation strategies successful for the benefits of all, rich as well as poor.
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Bester, Juan. "The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.
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Thesis (MA)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.
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Kim, Younsik. "Challenges and opportunities for the national constitutional system in dealing with the global investment regime : a case study of the indirect expropriation doctrine and investor-state arbitration under the free trade agreement between the Republic of Korea and the United States of America." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7575.
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In 2011, Korea ratified the Korea-US Free Trade Agreement (KORUS-FTA). This treaty remains controversial in Korean society, particularly because many Koreans claim that the indirect expropriation doctrine under investor-state arbitration in the investment chapter will allow global investors to challenge governmental regulation justified by the Korean constitution. Despite such criticism, the KORUS-FTA indirect expropriation doctrine and the Korean constitutional property doctrine share more than might be expected in practice. However, this substantive doctrinal convergence between national and global legal systems does not eliminate all risks of conflict between the nation-state and global investors; conflicts can occur whenever two actors interpret the same text differently. Once an investment dispute happens, independent investor-state arbitration reviews governmental action according to independent interpretative rules. Systems theory suggests that nation-states can turn such global challenges into opportunities by taking contextual control over global investment in relying on the global investment legal system of the global investment regime. The nation-state can convince global investors that the nation-state respects transnational investment mechanisms, whilst indirectly imbuing norm-making with minimum national interest without incurring serious damage to its reputation. To be specific, the nation-state can attract more foreign investors by accepting the indirect expropriation doctrine and the investor-state arbitration respected by global investors. Simultaneously, the nation-state can secure minimum control over global investment under legitimate regulatory power reflected in the same indirect expropriation clause. In addition, the nation-state can guide the investment tribunal to secure a balance between investment protection and the regulatory power of the host state by prescribing the proportionality principle. Contextual control can be a sub-optimal choice for the nation-state in the sense that it avoids a worst-case scenario by securing proportionality and predictability. In order to make this measure more effective, the current global investment legal system needs to secure more commensurate autonomy or autopoiesis by furthering simultaneous and balanced structural coupling with a greater variety of social powers. In this context, global constitutionalism provides national constitutional tools for the nation-state; specifically, democratic participation in national treaty-making procedures and autopoietic structuralisation of the investment arbitration mechanism can make the substantive contents and application of global investment law fairer and more acceptable, not only to global investors and strong states, but also to social movements and smaller countries. In the context of the KORUS-FTA, the Korean government needs to make the treaty terms of indirect expropriation clearer through democratic participation. At the same time, the Korea should pay attention to making arbitration process reflexive to more various social interests, whilst protecting its operation from inappropriate influences. Such measures can prevent KORUSFTA tribunals from making extremely unacceptable decisions to actors of the global investment regime, including the Korean government, although they could not guarantee ideal decisions that stratify all actors perfectly.
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Neto, Abrão Miguel Árabe. "Ajustes de carbono na fronteira: análise da necessidade de disciplinas multilaterais para sua regulação." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-16052014-132605/.
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A comunidade internacional tem se convencido sobre a seriedade da mudança climática e a necessidade de respostas urgentes para combatê-la. No entanto, a ausência de um regime universal com metas para os principais poluidores faz com que cada país adote ações individuais de maneira descoordenada. Esse descompasso levanta preocupações sobre possíveis impactos para a competitividade e a eficácia dos esforços dos países com políticas climáticas mais ambiciosas. Com o escopo de neutralizar tais ameaças, desponta a alternativa de adoção de ajustes de carbono na fronteira para equalizar os encargos ambientais entre a indústria doméstica e as importações. Nesse contexto, a presente tese defende a criação de disciplinas internacionais para orientar o uso de ajustes de carbono em sintonia com os valores do livre comércio e da preservação do clima. Recomenda-se que as negociações internacionais sejam lideradas pelas Nações Unidas, na moldura do regime climático, porém, em estreito diálogo e cooperação com a Organização Mundial do Comércio (OMC). A partir da análise de possíveis cenários, o trabalho expressa preferência por disciplinas multilaterais. Reconhece-se, contudo, méritos em arranjos intermediários, como os instrumentos setoriais. Por fim, indica-se um roteiro sobre os principais aspectos da aplicação dos ajustes de carbono que mereceriam apreciação em plano internacional.The international community has acknowledged the need for urgent responses to address climate change. However, in the absence of a global agreement setting binding targets for all major polluters, countries pursue individual actions in an uncoordinated fashion. Such a situation raises concerns on competitiveness impacts and on the environmental effectiveness of climate policies of most countries, especially those leading the way. As a solution to level the playing field vis-à-vis international competitors, countries evaluate the use of border carbon adjustments. Against this background, this analysis supports the design of international disciplines to guide the use of border carbon adjustments in line with the goals of free trade and climate protection. It argues that the United Nations should lead those negotiations in the framework of the climate regime, in close dialogue and cooperation with the World Trade Organization (WTO). Based on an analysis of multiple scenarios, this essay favours the adoption of multilateral disciplines. It recognizes, however, advantages in alternative approaches such as sectorial agreements. Finally, it proposes a roadmap on key aspects concerning the use of border carbon adjustments that merit consideration in the international arena.
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Kang, Su-Ju. "L'action extérieure de l'Union Européenne en faveur du renforcement du regime des droits de propriété intellectuelle en Chine." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G011.
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Malgré l’amélioration du régime des droits de propriété intellectuelle (DPI) en Chine après l’accession de celle-ci à l’Organisation mondiale du commerce (OMC) en 2001, la question relative aux DPI demeure l’un des « sujets de vive préoccupation » dans le commerce sino-européen. Selon la stratégie européenne visant à assurer le respect des DPI dans les pays tiers, adoptée en 2005 et renouvelée en 2014, la Chine est ciblée par la Commission européenne comme le premier pays tiers dans lequel les autorités locales ne prennent pas de mesure efficace pour s’attaquer aux problèmes de violations des DPI. En raison des enjeux politiques et économiques importants pour l’UE, son intervention est nécessaire pour améliorer le régime des DPI et l’environnement de l’investissement en Chine. L’analyse de l’action extérieure de l’UE s’appuie sur l’étude des instruments auxquels elle recourt en vue de renforcer la protection et le respect des DPI en Chine. L’objet de notre recherche est d’examiner la manière dont l’Union choisit d’exploiter les instruments à géométrie variable au sein des enceintes multilatérale et bilatérale. Deux axes distincts mais complémentaires orientent la mise en œuvre de l’action extérieure de l’UE vis-à-vis de la Chine : l’approche coopérative, d’une part, et de l’approche conventionnelle, d’autre part. L’approche coopérative vise d’abord à rapprocher le régime juridique chinois des standards les plus élevés du droit de l’UE. En dépit d’un certain nombre de difficultés limitant l’efficacité de l’action extérieure de l’UE, la coopération bilatérale avec la Chine permet de contribuer à l’amélioration du régime juridique chinois. La convergence normative devrait ensuite faciliter l’apparition d’une approche commune entre l’UE et la Chine sur le plan conventionnel. Il importe à cet égard de souligner la position divergente de la Chine face à la promotion de l’UE, par la voie conventionnelle, d’un renforcement de la protection et du respect des DPI. Malgré la convergence accrue des positions européenne et chinoise favorables à la protection « ADPIC-plus » des DPI, la Chine se montre réticente voire hostile envers les initiatives conventionnelles de l’UE tendant à renforcer les mesures relatives au respect des DPIDespite the improvement of China’s intellectual property rights (IPR) regime after this country’s World Trade Organization (WTO) accession in 2001, the IPR remains one of “major concerns” in Sino-European trade relation. According to European strategy for the enforcement of intellectual property rights in third countries, adopted in 2005 and renewed in 2014, China is identified by the European Commission as first priority country, in which the local authority does not take effective measures to tackle the problems caused by IPR violations. Taking into account the EU’s important political and economic concerns, his action is necessary in order to improve the IPR regime and the investment environment in China. The analysis of EU’s external action is based on the instruments used to strengthen IPR’s protection and enforcement in China. The purpose of our research is to examine the EU’s method to use the different instruments within the multilateral and bilateral fora. Two distinct but complementary axes orientate the undertaking of EU’s external action vis-à-vis China: cooperative approach, on the one hand, and the conventional approach, on the other hand. Firstly, the cooperative approach aims to bring Chinese legal system closer to higher standards in EU law. In spite of certain difficulties limiting the efficacy of EU external action, the bilateral cooperation with China can contribute to a better legal system in China. Then, the normative convergence should be able to facilitate the emergence of a common approach between the EU and China in the conventional framework. In this respect, it is important to emphasis Chinese divergent position with regard to EU’s conventional approach aiming to strengthen IPR protection and enforcement. Despite the increasing convergence of European and Chinese positions favorable toward “TRIPs-plus” protection, China seems reluctant even hostile to EU’s conventional initiatives intending to strengthen IPR enforcement measures
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Doležel, Vladimír. "Obchodní aktivity podniku v zahraničí." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2008. http://www.nusl.cz/ntk/nusl-221949.
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This Master’s thesis has been elaborated on the basis of a real issue, which a company, which decided to procure it’s full time presence in the Austria’s market, is facing. The analysis of the present state, which proved the rationality of the decision, is followed by a theoretical fundament of this thesis, that lays the foundations of the specific proposal leading to reach the aim given by the company. The theoretical part of the thesis deals with the core of the international trade and its brief history. The thesis is further focused on the areas of the international trade important for solving the given issue. The main areas are as follows: international trade legal regime, law of international trade, risks in the international trade, ways of penetration into a foreign market. Based on the knowledge attained in the theoretical part of this thesis, while applying them, I have come to the conclusion, that it would be best for the company to establish a branch office in the Austria. The conclusion is followed by a factual proposal of progress supplemented by a calculation of costs of establishing the branch office and calculation of operating costs for the first year. I am also proposing a strategy for legal relationships being concluded by a branch office and marketing strategy for the first year.
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Damiani, Gerson Denis Silvestre Duarte. "Teoria dos jogos e relações internacionais: estratégias da governança mercantil global. Uma análise da convenção das Nações Unidas para os contratos de compra e venda internacional de mercadorias à luz de sua vinculação ao Brasil." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/101/101131/tde-08102014-171811/.
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A presente tese evidencia o estado da arte da Teoria Jogos nas Relações Internacionais, e analisa estratégias de negociação decorrentes de processos decisórios no âmbito comercial. Ao delimitar - em tempo e espaço - a trajetória da Governança Mercantil Global, confere-se posição de destaque à Convenção de Viena de 1980 (CISG), regime dotado de ampla legitimidade, concebido sob a égide das Nações Unidas e recém ratificado pelo Brasil. A análise do referido processo de vinculação dá-se a partir de instrumentos metodológicos conferidos pela Teoria dos Jogos, culminado com a apresentação dos limites do modelo e de alternativas viáveis para seu desenvolvimento.The present thesis sheds light on contemporary game theoretical approaches in International Relations, in particular as they pertain to the role of strategy setting in cross-border trade. The study of Global Trade Governance leads to questions of regime legitimacy, culminating with the adoption of the 1980 United Nations Vienna Convention on Contracts for the International Sale of Goods (CISG), recently ratified by Brazil. The analysis of the aforementioned ratification process validates the threshold of game theory as its stands today, and proposes, on the other hand, viable alternatives for the development of the model.
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Nguiffeu, Tajouo Eddy Laurence. "Les intermédiaires de commerce en droit de l'OHADA : essai d'une théorie générale de la représentaion commerciale." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010273.
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Née dans un contexte de mondialisation et d’ouverture des économies nationales à la concurrence, l’OHADA a pour principal objectif d’instaurer un climat de confiance propice aux investissements tant nationaux qu’internationaux. Pour atteindre cet objectif, le législateur s’est engagé dans un vaste chantier de modernisation et harmonisation du droit des affaires au sein des États membres. L’un des choix les plus complexes était celui des acteurs et professionnels chargés d’implémenter cette dynamique. Les intermédiaires de commerce ont ainsi été retenus, en lieu et place des auxiliaires de commerce, pour déployer la représentation commerciale au sein des États membres et en dehors des frontières de l’espace de l’OHADA. La présente réflexion, au regard de ce qui précède, a eu pour objectif de rechercher la cohérence entre le statut professionnel des acteurs et le régime juridique de l’activité de représentation commerciale en droit de l’OHADA. Il s’agissait également d’évaluer le degré de pertinence du dispositif juridique mis en place pour encadrer la profession d’intermédiaire de commerce. La diversité qui caractérise cette catégorie professionnelle dans la pratique imposait une démarche globale et prudente pour parvenir à la reconnaissance juridique de la catégorie professionnelle d’intermédiaire de commerce en droit de l’OHADA. Le contrat d’intermédiaire de commerce, bien que simplement annoncé, préconise d’importantes solutions théoriques et pratiques pour y parvenir. Dans ce contexte, la profession d’intermédiaire de commerce en droit de l’OHADA mérite d’être repensée. En effet, le foisonnement des statuts particuliers autour de la notion d’intermédiaire a contribué au renforcement de l’opacité de cette catégorie professionnelle. Il n’est pas toujours aisé de faire la distinction entre mandat, représentation, courtage, commission ou même agence commerciale. Ces notions renvoient à des réalités diverses, chacune se défendant une spécificité que la doctrine et la jurisprudence ont parfois contribué à renforcer. Et c’est pour démêler l’écheveau que nous avons suggéré quelques propositionsBorn within the context of modernisation and of exposing national economies to competition, OHADA has as principal objective to put in place a climate of confidence favourable to national as well as international investments. To attain this objective, the legislator has engaged in a vast domain of modernisation and harmonisation of business law within the member states. One of the most complex choices was that of actors and professionals in charge of putting in place this dynamic. Trade middlemen were thus retained, in the place of auxiliaries of commerce, to carry out commercial representation within the member states and beyond the frontiers of OHADA zone. This reflection, with regard to the preceding, has as objective to search for coherence between the professional status of actors and the legal regime of the activity of commercial representation in OHADA law. It equally had to evaluate the degree of pertinence of the legal device put in place to regulate the profession of business middlemen. The diversity which characterises this professional category in practice imposed a global and prudent step to arrive at the legal recognition of the professional category of trade middlemen in OHADA law. The contract of a business middleman, even as simple as it is, recommends many theoretical and practical solutions to arrive at it.Within this context, the profession of business middleman in OHADA law needs to be rethought. In effect, the abundant special status surrounding the notion of middleman has contributed to reinforce the opacity of this professional category. It is not always easy to make a distinction between a mandate, representation, brokerage, commission or even commercial agency. These notions are actually diverse, each having its specificity that legal literature and case law have contributed to reinforce. And it is to clear up these interlaces that we made some proposals
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Mengesha, Emezat Hailu. "Making the international trade regime work for gender equality." Thesis, 2010. http://hdl.handle.net/10539/7706.
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Patnaik, Jagadish Kumar. "The international trade regime India's role in the General Agreement on Tariffs and Trade /." 1993. http://catalog.hathitrust.org/api/volumes/oclc/33036041.html.
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Blake, Candace Hortensia. "Choosing an international legal regime: How much justice would you trade for peace?" Thesis, 2013. https://doi.org/10.7916/D8Z89KM0.
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My thesis focuses on the problem of civil wars, which are marked by high levels of violence and an extreme inability to bargain for peace. The literature on bargaining failure in civil wars has identified several reasons to explain this situation: asymmetric information, problem of credible commitment, and issue indivisibility. These studies, however, neglect to consider the legal/institutional environment where bargaining occurs. In contrast, I argue that this is a crucial factor in determining whether or not bargaining might be successful. In my thesis, I start off by formalizing the situation of conflict: this consists of two interdependent games, a War Game and a Bargaining Game, whose specifications incorporates the distinguishing features of civil wars: the nature of the actors involved, the way they fight (i.e. fighting without committing crimes and fighting by committing crimes), the type of government (democratic, non-democratic), etc. The key observation is that the full specification of these games (i.e., action available, payoffs, etc) depends on the legal regime in place. The study of how the War/Bargaining game varies with the legal regime in place allows one to compare the different regimes with respect to their ability of achieving the goals of peace and/or justice. I, then, apply these ideas to compare the relative performance of international criminal tribunals designed according to the principles of state sovereignty, human/cosmopolitan rights, and domestic tort litigation. A novel result is that the careful choice of the legal regime might substantially reduce the problems associated with the presence of asymmetric information in civil wars. I give an example of a situation where the domestic tort litigation model outperforms the other legal models, thus lending support to a thesis proposed by Anthony D'Amato (1994) during the civil war in the former Yugoslavia.
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Hsiang, Yun-Ju, and 向韻如. "The Impact Evaluation of International trade after the Eastern Asian Economic Intergration Regime." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/74163504065623348503.
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碩士清雲科技大學
經營管理研究所
98
Accelerated development of the global economy, international relations, ease, regional economic cooperation has become the international trading system today''s global trend in the development of important, signed free trade agreements through contact of regional economic integration achieved, in the region to eliminate most of the tariff and non-tariff trade barriers, expected to help increase the volume of trade between Member States, the formation of trade creation effect, therefore, all the world''s major economies attach great importance to this current situation and development. View of the gravity model of bilateral trade flows may be valid, in this study, the model for this study from 1997 to 2009 between the regional economic integration in East Asia under the impact of the ASEAN framework, China, Japan, South Korea bilateral trade flows of factors, through the literature, compile the gross domestic product, population and geographic distance infrastructure, and to modify gravity model, into the culture, borders and free trade agreements signed or three factors were analyzed. The empirical study shows, whether in model 1 and model 2, affect trade flows between the two factors out of the importing country''s gross domestic product and geographic distance. In model 2 shows, regional integration on China and South Korea have significant trade creation effect, the effect on Japan is not manifest. Finally, this research is on Taiwan''s implementation of policies and recommendations for further study, to serve for reference.
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Nakano, Nozomi. "How can effective international environmental governance be promoted in harmonization with trade governance?: A case study of the biosafety regime." 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=95117&T=F.
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Chʻen, Wen-hsien. "State autonomy and the international trade regime a study of United States domestic politics of the automobile trade /." 1990. http://catalog.hathitrust.org/api/volumes/oclc/32904100.html.
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Guan, Wenwei. "A theoretical inquiry on the individual right to international free trade : the international antidumping regime as a case study." Thesis, 2004. http://hdl.handle.net/2429/15661.
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The paper addresses the status of individuals in international governance by
examining how individual rights are represented in international free trade.
In the evolution of international trade from the GATT to the WTO, the fact that
the non-discrimination principle has been well-established in trade agreements
demonstrates the gradual emancipation of the individual in the global free market.
However, international antidumping law, with a heritage from domestic antitrust law, has
gradually developed into a discretionary trade instrument under the control of
government administrations. The limited government ethic, which is supported by the
emancipation ethic of international free trade, is distorted by the international
antidumping regime. The contrasting development of the free trade and antidumping
regimes indicates the tension between the emancipation of the individual in international
trade and the growing discretionary powers of the government over foreign trade.
Further inquiry into this tension demonstrates that the paternalistic and
discretionary power of the government is rooted in the myth created by social contract
theory. Although social contract theory emancipated individuals from the state of nature
into civil society and builds the legitimacy of government on the consent of individuals, it
simplifies the dynamic evolution of social institutions into a linear development, and
grounds an imaginary contract as the "first mover" of the evolution. It thus does not
sufficiently illegitimatize the paternalistic power of the government.
However, the emancipation of the individual in international trade, the
international development of human rights, and global democratization in general are
processes of mutual influence rather than factors that are isolated from each other.
Research shows the social institution is a spontaneous self-extended order based on the
interaction among individuals. Accordingly, individuals should eventually participate in
international trade without the trappings of nationality. Although international trade
generally seems to be heading in this direction, international antidumping law indicates a
backwards development which might be rooted in social contract theory. It is time to get
rid of the myth of social contract theory and the paternalistic and discretionary power of
the government over foreign trade, and to restore the international free trade to its
inherently cosmopolitan base.
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Weber, Christoph. "The evolving international regime of trade in financial services under the auspices of the GATT." 1991. http://catalog.hathitrust.org/api/volumes/oclc/29682324.html.
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Ye, Bing-Syin, and 葉秉鑫. "A Study on the Practice of the Fishery Subsidy Regime in International Trade and Environmental Law." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/39652668386046484896.
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碩士國立臺灣海洋大學
海洋法律研究所
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The purpose of this thesis is trying to find a sustainable balance between the free trade system and the environmental protection system in the complex discussion of Fishery Subsidy Regime. Trade and Environment, undoubtedly, is a concerned issue of Contemporary International Law, on the other hand, the fishery subsidy plays an important role on the stage of trade and environment. Additionally, WTO Members have discussed this issue since the year of 2002, and it is still developing. On April 21, 2006, Taiwan, Japan and Korea submitted a document about the fisheries subsidies legal drafting (TN/RL/GEN/114) of “up-down approach” framework to the “Negotiating Group on Rules” of WTO. Moreover, on March 6, 2006, Taiwan individually submitted a document and suggested a formula that granted to promote fish stock recovery, social security, welfare, research and development which should be exempt from challenge (TN/RL/W/202). By examining the regulations of WTO and the legal practices of the primary fishery states, this thesis pursues the goal of fishery sustainable development of the fisheries subsidies on the topic of Trade and Environment.
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"The power of knowledge in the global political economy the intellectual property international regime, from its origin to the current trade rules /." Tese, MAXWELL, 2002. http://www.maxwell.lambda.ele.puc-rio.br/cgi-bin/db2www/PRG_0991.D2W/SHOW?Cont=2866:pt&Mat=&Sys=&Nr=&Fun=&CdLinPrg=pt.
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Cutler, Athena Claire. "The foundation of the global economy : the evolution of the international regime for private trade law from the eleventh through the twentieth centuries." Thesis, 1992. http://hdl.handle.net/2429/2887.
Full textAbstract:
This study analyzes the evolution of the regime
governing private international trade law from its inception
in the eleventh century through to its modern formulation in
the twentieth century. It also seeks to explain its
development by focusing on three theories of international
relations.
The regime is defined in terms of its substantive and
procedural dimensions. The nature and strength of the norms
governing the substantive dimension (prices, liability for
defective goods, allocation of transport costs, insurance,
and financial and credit arrangements) and the procedural
dimension (locus of regulation, methodology of rule
creation, and dispute settlement) are analyzed over three
historical phases. These three periods are the medieval
period, from the eleventh to the sixteenth centuries, the
early modern period, from the seventeenth to the nineteenth
centuries, and the modern period in the twentieth century.
The regime norms are found to exhibit significant continuity
over time, although there has been considerable variation in
the rules. The strength of the regime has also varied over
the three phases.
Three theoretical perspectives (structural realism,
functionalism, and sociological analysis) are evaluated for
their relative ability to explain the origin, evolution,
nature, and strength of the regime. Each perspective is
found to offer important insights, but a synthesis of
approaches is necessary to capture the complexity and
richness of the regime's evolution. Structural realism does
not account for the origin of the regime and is of limited
assistance in explaining the strength of voluntary
standards. It does, however, explain the influence that
states' concerns for political/legal autonomy have had on
the regime and offers a reasonably good account of the roles
that the United States and the United Kingdom have played in
the evolution of the regime. Sociological analysis assists
in accounting for the origin and nature of the regime, but
it does not provide a comprehensive theory of cooperation.
Reference to the other approaches is required as a
supplement to sociological analysis. Functionalism provides
the best explanation of the origin and nature of the regime.
However, it is unable to account for variations in the
strength of the regime over the three historical periods.
Reference to the influence of changing structures of
political authority and to the ideas, knowledge, and values
of the major commercial actors is necessary as a supplement
to functional analysis.
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Dahioui, Mehdi. "Growth and exchange rate regime: the analysis of the effect of France on Morocco through interest rates and exports." Master's thesis, 2020. http://hdl.handle.net/10362/105920.
Full textAbstract:
This paper looks at the connection between both Morocco and France, and how the latter is affecting real GDP growth in the former, given that Morocco has been pegging its currency against the Franc, then the euro. In addition to that, France being the main trading partner of the kingdom for so many years now. The results show that for each 1% increase in short term nominal interest rates in France, Morocco’s real GDP growth goes up by 0.83%, and might even go further to 0.98% depending on the model. Exports to base hasn’t been found to significantly affect Morocco’s real output, despite having a negative coefficient.
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Trask, Brandon Marshall. "Exchanging Approaches: Evaluating Methods to Counter Chinese Currency Undervaluation." Thesis, 2013. http://hdl.handle.net/1807/42959.
Full textAbstract:
I evaluate four possible approaches the United States may take to address China's practice of undervaluing the renminbi: 1) a challenge under Article XV of the GATT and the associated IMF provisions; 2) countervailing duties; 3) antidumping measures; and 4) safeguard measures. I conclude that the first three approaches are unlikely to succeed; there are a number of legal and political obstacles to the pursuit of these remedies. While the current WTO safeguards regime is likely insufficient, a new safeguards regime can--and should--be developed. I review and critique Dani Rodrik's proposal for a new safeguards regime and set out my own basic blueprint for a significantly expanded safeguards regime, emphasizing that flexibility in the realm of international trade law would help to secure overall stability in international trade itself. In order to be effective shock absorbers, safeguards must become far more flexible.