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1
Cunha, Raphael, Norma Breda dos Santos et Rogério de Souza Farias. « Generalized System of Preferences in General Agreement on Tariffs and Trade/World Trade Organization : History and Current Issues ». Journal of World Trade 39, Issue 4 (1 août 2005) : 637–70. http://dx.doi.org/10.54648/trad2005039.
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The present study investigates the history of the General System of Preferences within the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) systems with a particular view to define how developed and developing countries adapted their market policies to the demands of the multilateral trading system (MTS). It analyses the role of the most-favoured-nation (MFN) clause and its consequences to developing countries’ interests, within its parameters of differential market access. The study tries to explain the treatment of preferences in an objective light, presenting two current case studies: the formulation of the American GSP scheme and the dispute of India and the European Union in the WTO about the European Union’s GSP scheme. In addition to this, the study focuses on the conflict among developing countries on the issue of special and differential treatment. This focus will lead to a renewed reading of the history of MTS that takes into consideration the frailty of developing countries’ unity and that tries to understand why and to what extent this unity shattered along the way.
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Kazan-Allen, Laurie. « Asbestos Poisons World Trade Organization Atmosphere ». International Journal of Health Services 31, no 3 (juillet 2001) : 481–93. http://dx.doi.org/10.2190/r5wm-q78p-e5xq-34e8.
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In September 2000, a World Trade Organization (WTO) panel published its findings in the dispute between Canada and the European Union/France over France's ban on the import and use of chrysotile (white asbestos). The panel upheld the French ban, established that the use of chrysotile is a health risk and the idea of “controlled use” a fallacy, and used (for the first time) an exception clause in the General Agreement on Tariffs and Trade that permits trade-restrictive measures to protect human life or health. At the same time, the panel concluded that the French ban violated international trade laws by treating chrysotile products less favorably than domestically produced alternatives. Some WTO watchers believe that with asbestos as the precedent for bans on toxic substances, the regulation of other, much less well-established, toxic exposures could prove much more difficult. Now the French ban has been upheld, chrysotile producers will increasingly target developing countries. Canada is appealing the WTO decision.
3
Arora, Rahul, Sarbjit Singh et Somesh K. Mathur. « Assessment of the Proposed India-China Free Trade Agreement : A General Equilibrium Approach ». Journal of Centrum Cathedra : The Business and Economics Research Journal 8, no 2 (1 février 2015) : 81–108. http://dx.doi.org/10.1108/jcc-08-02-2015-b002.
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Purpose The present study is an attempt to evaluate the impact of the proposed India-China free trade agreement (FTA) in goods trade on both countries under a static general equilibrium framework. Design/Methodology/Approach The study has utilized the Global Trade Analysis Project (GTAP) model of world trade with the presence of skilled and unskilled unemployment in the world. For analysis purposes, 57 GTAP sectors, representing the whole regional economy, have been aggregated into 43 sectors and 140 GTAP regions, representing the whole world, have been aggregated into 19 regions. The study has also used the updated tariff rates provided by the World Trade Organization for better results. Findings The preliminary analysis using trade indicators depicted that by utilizing their own comparative advantage, both of the countries can maximize their gains by exporting more to the world. The simulation results from the GTAP analysis revealed that a tariff reduction in all goods trade would be more beneficial for both the countries than the tariff reduction in each other's specialized products. All other regions lose in terms of shifting the Indian imports towards China in a post-simulation environment. Regions with a significant loss are: the European Union (28 members), Southeast Asia, the Unites States, Japan, Korea, West Asia, and the European Free Trade Association (EFTA). Originality/Value The disaggregated sector-wise analysis has been performed using the latest available GTAP database, version 9.
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Dawar, Kamala. « The 2016 European Union International Procurement Instruments Amendments to the 2012 Buy European Proposal : A Retrospective Assessment of Its Prospects ». Journal of World Trade 50, Issue 5 (1 octobre 2016) : 845–65. http://dx.doi.org/10.54648/trad2016034.
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This article assesses the European Commission’s 2016 Amended Proposal for ‘a Regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries’.1 The proposed regulation aims to improve the conditions under which European Union (EU) businesses can compete for public contracts abroad. It provides the EU with leverage through imposing a price penalty on any tender for an EU procurement which is originating in a country that does not offer the EU ‘reciprocity’ in access to its procurement markets. After introducing the 2016 International Procurement Instrument (IPI) Amended Proposal, the article examines the legal framework of the Amended Proposal with reference to its evolution from the European Commission’s original 2012 proposed regulation. The analysis then turns to the concept of reciprocity, which serves as the justificatory basis of the Commission’s proposal before assessing the 2016 Amended Proposal’s compatibility with the EU’s commitments under the World Trade Organization (WTO), including most notably the World Trade Organization’s Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures (ASCM). This assessment concludes by questioning the compatibility of this proposed regulation with the EU’s obligations under the WTO as well as the objectives of the EU procurement rules, underpinned by Treaty principles.
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Irfan ul Haque, Irfan ul Haque. « The Rise of Bilateralism in Trade and its Implications for Pakistan ». LAHORE JOURNAL OF ECONOMICS 14, Special Edition (1 septembre 2009) : 111–33. http://dx.doi.org/10.35536/lje.2009.v14.isp.a6.
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This paper examines and critiques the worldwide mushrooming of preferential trading arrangements and traces its implications for Pakistan. It points out that this development is fundamentally contrary to the principle of most-favored-nation (MFN) treatment, which was the cornerstone of the post-war multilateral trading system as embodied in the General Agreement on Tariffs and Trade (GATT) and by the World Trade Organization (WTO). The causes of the rise in bilateral and regional trading arrangements are discussed and it is shown that they pose a real threat to many relatively small economies, including Pakistan. The paper discusses the various preferential trade agreements Pakistan has already signed. It notes that, with the exception of its trade agreement with China, Pakistan has not succeeded in concluding preferential trading arrangements with any of the strategically and systemically more important countries, viz., the US, European Union, and Gulf Cooperation Council (GCC). The South Asia Free Trade Area (SAFTA) could potentially be of considerable importance for Pakistan’s long-term economic growth, but this potential might not be realized if India and Pakistan fail to overcome their mutual differences. Finally, the paper explores steps that might be taken to promote Pakistan’s economic interests in its bilateral relations.
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Kim, Jin Woo. « Lack of Certification of the WTO Goods Schedules of the United Kingdom : A Way for Frictionless Trade Under No-Deal Brexit ? » Global Trade and Customs Journal 14, Issue 6 (1 juin 2019) : 287–96. http://dx.doi.org/10.54648/gtcj2019030.
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The United Kingdom (‘UK’), as a Member State of the European Union (‘EU’), does not have its own schedule of concessions under the World Trade Organization (‘WTO’) – for now – because the EU, as a single customs union, has consolidated schedules for goods and services. The UK is currently negotiating its schedules with other WTO Members, but time is running short ahead of the UK’s scheduled exit from the EU on 31 October 2019 (‘Brexit Date’). If the UK fails to certify its schedules before the Brexit Date, the question becomes whether the UK could unilaterally establish its new schedules and conduct trade based on ‘uncertified’ schedules that have not been agreed by all WTO Members. The panel in EU – Poultry (China) found that certification of a schedule is not a legal prerequisite to implement agreed-upon changes in negotiations under Article XXVIII of the General Agreement on Tariffs and Trade 1994 (‘GATT’) at the national level. Based on the panel’s finding and Article XXVIII:3 of the GATT, under a no-deal Brexit scenario, the UK would be able to unilaterally establish its goods schedule, even in the absence of agreement with other Members. Further, the UK could enforce the new schedules before completing the certification process and, thus, trade under the uncertified goods schedule. However, three caveats must be noted: (1) the UK must certify its new goods schedule eventually; (2) unlike the goods schedule, the completion of certification is necessary for the UK to give effect to its new services schedule; and (3) if another Member brings a complaint concerning the UK’s uncertified schedules, and the dispute results in an appeal, the Appellate Body may reach a different conclusion when applying the panel’s decision in the context of Brexit. In short, the UK must certify its goods schedule as soon as it concludes Article XXVIII negotiations with other WTO Members. The Poultry panel’s decision does not support a way for frictionless trade between the UK and other countries under no-deal Brexit.
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Konstantinov, Boyan. « Human Rights and the WTO : Are They Really Oil and Water ? » Journal of World Trade 43, Issue 2 (1 avril 2009) : 317–38. http://dx.doi.org/10.54648/trad2009013.
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It is remarkable how many critiques of the approach of the World Trade Organization (WTO) to human rights include the phrase: ‘WTO should ?’. In many cases WTO actually ‘shouldn’t’ because even if it ‘would’ it ‘couldn’t’. With the exception of the Dispute Settlement Procedures (DSP) the WTO does not really have an independent institutional decision–making power. It is nevertheless true that this international forum of free trade has remained remarkably conservative regarding human rights even after the end of ‘the General Agreement on Tariffs and Trade (GATT) years’ and the establishing of the WTO. Many scholars accuse the WTO of organizational isolationism and advocate for overcoming this practice. Criticism focuses especially on the apparent non–responsiveness of the organization to human rights issues – despite the huge impact free trade has on such matters – and unwillingness to discuss human rights, or cooperate with international agencies that protect them. In present days, the International Bill of Rights is commonly recognized as a human rights standard. Human rights are mainstreamed in the EU body of law, as well as soft law documents such as the Millennium Development Goals (MDG) and the UN Agenda for Development. Recently, they are incorporated in the organizational statues and programme methodologies of institutions such as the World Bank (WB) and the International Monetary Fund (IMF). The WTO seems to stay away from this process. We aim to explore the reasons for this conservative attitude of the WTO towards human rights, while trying to establish historical parallels with the gradual adoption of human rights as core standards in other international entities such as the European Union. We attempt to tackle the relationship between WTO membership and the human rights situation in its Member States and the possible implications that continuing admission of non–democratic countries – e.g., Russia – might have. We also explore the understanding of some scholars that human rights are ‘seeping into the WTO system’ – and briefly analyze some examples that could illustrate this process.
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Bjelic, Predrag. « Model spoljnotrgovinske politike Evropske unije ». Ekonomski anali 44, no 156 (2003) : 131–47. http://dx.doi.org/10.2298/eka0356131b.
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When the European Economic Community, the forerunner of the European Union was formed in 1958, it was agreed that the new integration would be a tariff union with common tariffs toward third countries, but also that it would have a common foreign trade policy. As the Union's executive body, the European Commission is responsible for proposing and implementing foreign trade policies. However, the main subject in creating foreign trade policies still remains the Council of Ministers as the EU's main decision-making and legislative body. The Commission negotiates trade agreements with outside countries on behalf of the Union. However, on foreign trade issues the Commission must report to a committee (the "133 Committee"), which assists the Commission in the course of the negotiations and before becoming valid all agreements must be ratified by the Council of Ministers. The Commission ensures that the European Parliament is kept quickly and fully informed at all stages of the negotiation and conclusion of international agreements, in such a way as to enable the Commission to take account of the European Parliament's view, but its role is purely consultative. The EU is trying to establish closer partnership relations with the USA through establishing transatlantic marketplace. However, as the EU is becoming a respectable economic power, an increasing number of trade disputes arise between the EU and the USA. The EU is trying to establish a closer relationship with the European countries since they are candidate countries for EU membership. However, some of them are closer to the membership than others. Therefore the agreements that the EU conclude with certain groups of countries differ among themselves. The EU has special relations with the countries in Africa the Caribbean and the Pacific, former European colonies, that have been granted a preferential treatment allowing preferential trade with the EU. Close relations have been established with countries and regional groups in Latin America as well. The EU has become a significant factor in international economic organizations. However, in order to become an economic power as respectable as the USA and Japan and to give strategic support to its companies in global competition, the EU must integrate politically as well.
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Saatcioglu, Cem, et Kaan Celikok. « European Regional Integration and its Partnership with Türkiye : An Assessment of the Specific Customs Union ». International Journal of Economics and Financial Issues 13, no 1 (14 janvier 2023) : 184–98. http://dx.doi.org/10.32479/ijefi.14014.
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International economic integrations, especially after the end of World War II, result from the long-term goals of establishing political unity based on countries' orientation towards their common economic interests. Customs unions, in which states abolish tariffs among themselves and apply common tariffs to third countries, are the next advanced stage of international integration after free trade zones. While customs unions eliminate tariffs and related taxes in trade within their jurisdiction, they also establish a common external tariff. This entails some asymmetrical disadvantages for the countries within the Union. A new step by Türkiye in its efforts to integrate with the West was its application to join the EEC in 1959. The Customs Union, defined by the Ankara Agreement signed in 1963, came into effect in 1996 as a result of the agreement made at the meeting of the Association Council of 6 March 1995 adopted "Customs Union Decision". The aim of this study is to examine the bilateral trade impact of the Customs Union between Türkiye and the EU. H1: Which fields should be included in the customs union between Türkiye and the EU? H2: How will the inclusion of trade in digital goods and services in the Customs Union affect EU-Türkiye trade? The results from the analysis covering the years of 1996-2021 showed that the Customs Union has had a positive but limited effect for the trade between EU-Türkiye. The customs union needs to be updated taking into account public procurement, agriculture and digital services.
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KELEMEN, R. DANIEL. « The Limits of Judicial Power ». Comparative Political Studies 34, no 6 (août 2001) : 622–50. http://dx.doi.org/10.1177/0010414001034006002.
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This article analyzes the politics of supranational dispute resolution, focusing on trade-environment disputes in the context of the European Union (EU) and General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO). The author analyzes how the interaction of political and legal pressures has influenced decision making by the European Court of Justice (ECJ) and by GATT/WTO panels in trade-environment disputes.
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Czermińska, Małgorzata. « EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM ». Roczniki Administracji i Prawa 4, no XX (30 décembre 2020) : 33–49. http://dx.doi.org/10.5604/01.3001.0014.8376.
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The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in developing the rules of the international trade system, but they also influenced, to a large extent, the form of both such rules and of ongoing trade negotiations, as well as they assumed and still assume responsibility for the final arrangements. Hence, their role in the multilateral trade system is both active and passive. This paper aims to demonstrate the functioning of the WTO’s dispute settlement mechanism and show the role which the European Union serves in this system. The Article employs an analytical and descriptive method. It draws on sources from the national and international literature and WTO’s databases.
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Vines, David, Paul Gretton et Anne Williamson. « Developing Trade ». National Institute Economic Review 250 (novembre 2019) : R22—R29. http://dx.doi.org/10.1177/002795011925000113.
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Executive SummaryThe UK faces no easy options in determining how to develop its approach to international trade post-Brexit. If it finally decides to leave the European Customs Union and Single Market, it faces the possibility either of simply crashing out of the EU without a deal; trying to form market-access agreements and Free Trade Areas (FTAs) with the EU and other countries; or unilaterally reducing tariffs and liberalising trade with all countries. Each course raises significant practical difficulties, and entails major disadvantages compared with staying in the Customs Union and Single Market.The economic costs of a ‘no-deal’ approach stand to be very large, including inevitable tariffs, obstruction of UK access to EU markets, physical disruption at borders, a damping of investment and the much-discussed problem of the Irish border. Assuming ‘no-deal’ does not happen, negotiating FTAs with other countries would be possible only after a lengthy transition period, as in the Withdrawal Agreement voted down in Parliament, and would depend on the shape of the ultimate post-Brexit trading relationship between the EU and the UK. The process would be difficult, costly, and protracted; would likely be concluded on disadvantageous terms; would be even harder to apply to trade in services; and would yield extremely small gains given the volume of UK non-EU trade that is already covered by FTAs. Finally, unilateral liberalisation, while ameliorating some of the drawbacks of the first two options, faces the same problems of loss of access to European markets and disruption to trade; and would entail severe economic pain with only very gradual gains.The UK needs to conduct a much more profound and considered debate on these issues before deciding to set aside the large benefits of membership of the Customs Union and Single Market for the significant difficulties and tenuous gains offered by the alternatives. Public debate on the economic effects of trade policy has so far lacked the detailed but necessary analysis of these questions. It seems essential to establish a national policy review institution, modelled on the Australian Productivity Commission, in order to stimulate such a debate.
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KNUDSEN, JETTE STEEN. « Integrating Western and Eastern European Markets ». Comparative Political Studies 31, no 2 (avril 1998) : 188–216. http://dx.doi.org/10.1177/0010414098031002003.
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Although general trade theories are useful for specifying which groups support or oppose trade, these frameworks see preferences as static and do not explain how they change over time. Instead, this article proposes a dynamic perspective that considers how economic adjustment and liberal trade policies alter trade preferences. The article examines why the traditionally protectionist German textile and apparel sectors accept the recent trade agreements with Eastern Europe. Producers can exploit technological and product changes by gaining access to export markets. Furthermore, to take advantage of low labor costs abroad, producers shift production to these countries for later reimportation. Lower trade barriers are therefore attractive to producers. This strategy is also supported by increasingly liberal trade policy orientations in Germany, the European Union (EU), and the General Agreement on Tariffs and Trade (GATT). German producers have therefore modified their protectionist focus to a qualified support for more free trade, and German workers have reluctantly followed suit.
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Trujillo, Elizabeth. « ChinaMeasures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum ». American Journal of International Law 109, no 3 (juillet 2015) : 616–23. http://dx.doi.org/10.5305/amerjintelaw.109.3.0616.
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In a proceeding brought against the People’s Republic of China by the United States (in which Japan and the European Union joined), the Appellate Body of the World Trade Organization (WTO) ruled that China violated its obligations under the General Agreement on Tariffs and Trade 1994 (GATT)1 by imposing export restrictions on “rare earths,” minerals used in mobile phones, hybrid cars, and other high-tech products. In upholding the earlier decision of a WTO dispute settlement panel, the Appellate Body rejected China’s argument that export duties, quotas, and other restrictions could be justified by health and environmental concerns.
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Chairunisa, Amanda Fadhilla, et Imam Haryanto. « Analysis of Renewable Energy Directive Ii on Trading of Indonesian Palm Oil Associated with GATT ». Yuridika 36, no 3 (1 septembre 2021) : 509. http://dx.doi.org/10.20473/ydk.v36i3.25075.
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International economic relations sure is very important for a country and the important thing that follows is the policy that regulates international economic relations it self. In this study, the authors will analyze hows Renewable Energy Directive II (RED II) policy as a derivative of the RED (Renewable Energy Directive) policy by the European Union will affect the Indonesian palm oil trade which this also would show the violations of previous policies that is General Agreement on Tarifs and Trades. Authors also going to show General Agreement on Tariffs and Trade (GATT) as a policy that regulates how international trade relations should be carried out and the violations of this international agreement undoubtedly could affect Economic relations between the two countries, both on a micro scale and macro scale. In conducting the research authors will be using the normative juridical methods which means the legal research will be based off library materials and secondary materials therefore the main result from this study would be a reflection of how RED II can affect trade in indonesian palm oil products and also by effecting this regulation in 2021 the european union will be violating the non-discrimination principle in GATT 1947.
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Makhinova, Anzhela, et Mariia Shulha. « The Arbitration Panel Ruling on Ukraine’s Certain Wood Restrictions under the EU-UA Association Agreement ». Global Trade and Customs Journal 16, Issue 7/8 (1 juillet 2021) : 355–62. http://dx.doi.org/10.54648/gtcj2021039.
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On 11 December 2020, the first Arbitration panel ruling in the European Union’s (EU’s) trade dispute under a bilateral preferential trade agreement was issued. This dispute concerns Ukraine’s export restrictions on raw timber and sawn wood of ten specific wood species referred to in the relevant Ukrainian law as ‘rare and valuable species’ and all ‘unprocessed timber’ for a period of ten years. The Arbitration panel found a violation by Ukraine’s ten-year export restriction on all ‘unprocessed timber’ of Article 35 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (Association Agreement), while justified restriction on ‘rare and valuable species’ under Article XX(b) of the General Agreement on Tariffs and Trade 1994 (GATT 1994), as applied in Article 36 of the Association Agreement. This dispute was not only interesting as the first usage of the EU’s dispute settlement mechanism, but also because of the interpretation of the arbitration panel of ‘World Trade Organization (WTO)-extra’ obligation on the environment contained in the Association Agreement. The article reviews the case as well as analyses the EU’s claim and Ukraine’s defence. Trade law, Environment, EU law, Trade dispute, Arbitration, Dispute settlement, WTO, Export restrictions, Article XX, preferential trade agreement, timber
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Tack, Filip. « The Classification of Multifunctional Digital Machines – All Classy ? » Global Trade and Customs Journal 4, Issue 7/8 (1 juillet 2009) : 257–66. http://dx.doi.org/10.54648/gtcj2009030.
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Recent developments in the information technology today create major challenges with respect to the classification of products according to their ‘objective characteristics and properties’. In this regard, the United States launched World Trade Organization (WTO) dispute settlement proceedings against the European Union (EU) over its import tariff policy on certain hightechnology goods. Moreover, on 11 December 2008, the European Court of Justice (ECJ) also issued a ruling in the Joined Cases C-362/07 and C-363/07 (Kip Europe/Hewlett Packard) concerning the classification of certain multifunctional digital machines. In this article, we assess the potential impact of the ECJ’s judgment for the pending WTO dispute on ITA from a General Agreement on Tariffs and Trade (GATT)/WTO law point of view.
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Bown, Chad P., et Jennifer A. Hillman. « WTO’ing a Resolution to the China Subsidy Problem ». Journal of International Economic Law 22, no 4 (décembre 2019) : 557–78. http://dx.doi.org/10.1093/jiel/jgz035.
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Abstract The USA, European Union, and Japan have begun a trilateral process to confront the Chinese economic model, including its use of industrial subsidies and deployment of state-owned enterprises. This paper seeks to identify the main areas of tension and to assess the legal-economic challenges to constructing new rules to address the underlying conflict. It begins by providing a brief history of subsidy disciplines in the General Agreement on Tariffs and Trade and World Trade Organization predating any concerns introduced by China. It then describes contemporary economic problems with China’s approach to subsidies, their impact, and the apparent ineffectiveness of the World Trade Organization’s Agreement on Subsidies and Countervailing Measures to address them. Finally, it calls for increased efforts to measure and pinpoint the source of the problems—in a manner analogous to how the Organization for Economic Cooperation and Development took on agricultural subsidies in the 1980s—before providing a legal-economic assessment of proposals for reforms to notifications, evidence, remedies, enforcement, and the definition of a subsidy.
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KRUSTIYATI, Atik, Sylvia JANISRIWATI, Novela CHRISTINE et Mokhamad Khoirul HUDA. « Observing European Union Rejection of Indonesia's Crude Palm Oil Exports from the Most Favored Nation and Quantitative Restriction Principles ». Journal of Advanced Research in Law and Economics 9, no 3 (15 juin 2020) : 905. http://dx.doi.org/10.14505/jarle.v11.3(49).25.
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Crude palm oil is one of the main commodities exported by Indonesia to several countries, including European Union. The European Union has pushed through several laws regarding climate change, including the Renewable Energy Directive II. The regulation supplementing the Renewable Energy Directive II has also been adopted by the European Commission, making the criteria for determining the high indirect land-use change-risk feedstock in Commission Delegated Regulation (EU) 2019/807. The objective of this paper is to observe if the measure taken by European Union on determining the indirect land-use change-risk feedstock has satisfied the existing WTO trade principles, the principle of most favored nation and the principle of quantitative restriction. The determining criteria in Commission Delegated Regulation (EU) 2019/807 is trade restrictive and discriminating to the export of crude palm oil, as crude palm oil is the only feedstock that falls under the criteria of high indirect land-use change-risk feedstock. The regulation has impact for the consumption of crude palm oil in Member states of European Union should be gradually reduced 0% by 2030 at the latest. As the provision on General Agreement on Tariffs and Trade embodies the principle of non-discrimination, the result of the study shows the Commission Delegated Regulation (EU) 2019/807 has violated the international trade principles. Furthermore, the general exceptions of GATT 1994 contained in Article XX (b) also doesn’t justify the measure.
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French, John D., et Kristin Wintersteen. « Crafting an International Legal Regime for Worker Rights : Assessing the Literature since the 1999 Seattle WTO Protests ». International Labor and Working-Class History 75, no 1 (2009) : 145–68. http://dx.doi.org/10.1017/s0147547909000106.
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Since the fall of the Soviet Union in 1991, critical attention has increasingly focused on the remaining world system, capitalist in nature and anchored in the World Trade Organization (WTO), founded in 1994 as the successor to the 1948 General Agreement on Tariffs and Trade (GATT). As the 1990s progressed, a smattering of exciting new intellectual work began to appear on the social and environmental impacts of the international trade and investment regime, especially given its apparently negative impact on many developing countries and the world's working people. “The distinction somewhat comfortably maintained by ‘trade hands’ who managed the post-World War II international economy—that trade is strictly a commercial function with no immediate connection to social concerns—has evaporated under the pressure of political and social forces generated by the globalization of the economy.”
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Brkic, Luka. « European Union : From social integration to social state ». Medjunarodni problemi 56, no 4 (2004) : 447–64. http://dx.doi.org/10.2298/medjp0404447b.
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This paper analyzes recent free trade arrangements from a positive political economy perspective. In contrast to most other literature, which fails to take into account geographical factors, it is argued here that proximity and transportation costs play an important role in trade arrangements. Another important also largely neglected factor is the degree of social cohesion in terms of labor standards among potential trading partners. Accepting social integration might also be a condition for admitting those countries to the agreement. Changes of trade policy over time can therefore be explained by changes in the relative political influence of the sectors considered. The other important factors are, of course, a change in the degree of retaliation, leading to lower tariffs under higher retaliation, and a leveling of social standards. Redistribution across countries could also considerably change the optimal rate of tariff. The EU with its regional cohesion funds might be a good example of how those are used as a side-payment for diminishing the social divergence in the member countries. Countries with higher standards should only be willing to integrate when others raise their social standards as well. The negotiations about the social protocol in the EU indicate that this is in fact the case. More than 40 years of European integration have led to an habituation of thinking of the European Community as something ideologically neutral, which transcends normal political debate. European issues, it seems, do not fit the structure of the usual right-left ideological controversy. The only open fault-line in European politics is between advocates of "more" and those of "less" integration. The paper explores the potential cognitive and political gains of a change of perspective. It argues that the issue of more or less integration is often not interesting in itself but only to the degree that it influences the content of policies. It further shows that the policies at stake are normally such, that they can be usefully debated in the right-left framework. The decision about the site of policy control - national or European - is often only the guise in which a decision about the redrawing of the boundary between market and state, between the sphere of competitive allocation and the sphere of political coordination, materializes. This paper aimed at stressing the fundamental differences between conventional and contractarian constitutional orders. To achieve it, we have used the concept of common knowledge and have related it to its political philosophy background, especially with regard to communication and induction. The former generates a spontaneous social order - it is an evolutionist view that belongs to the Hume - Menger - Hayek tradition. The latter produces a contractarian vision shared by the Brennan-Buchanan-Tullock tradition. We consider here a basic distinction between institutions and conventions. An institution is considered as a formal, explicit rule, while a convention appears to be a tacit, implicit agreement. The former can be associated with contractarian constitutionalism, whereas the latter is related to evolutionism. In this context, institutions should not be understood as formalized conventions (such as law in Hayek). They are rather the expression of a voluntary and deliberate agreement, of a covenant. The application describes features relevant to the development of a European constitution and the corresponding unified legal system. It requires a clear vision of what a European "state" is meant to be or become. Then, once a constitutional setting is chosen, one must address the question of legal organization, in particular the nature of administrative law. Two different acceptation of law are thus associated with the two concepts of convention and contractarian institution. The former can be regarded as customary rule a kind of common knowledge that emerges from tradition and sympathy. By contrast, the latter is the place of explicitly created common knowledge. If it is to become more integrated, Europe will have to tackle this constitutional question, either in an evolutionary or in a contractarian way.
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Amandari, Laras Thyrza, et Yetty Komalasari Dewi. « Is the Measure to Phase Out Crude Palm Oil in RED II discriminatory based on the World Trade Organization Law ? » Yuridika 37, no 1 (1 mars 2022) : 211–54. http://dx.doi.org/10.20473/ydk.v37i1.34596.
Texte intégralRésumé :
The European Union enacted the Renewable Energy Directive 2018/2001 (RED II) policy under the pursuit of environmental protection. The authors will analyze how RED II is discriminative toward Indonesian trade of CPO, primarily within the concept of indirect land use change (ILUC), which restricts trade toward crude palm oil (CPO) whereas other domestic like products are exempted from such reduction. After the promulgation of this policy, Indonesia requested WTO to examine whether RED II follows the international obligations set forward in WTO. The author will analyze non-discrimination under WTO Law, specifically based on the provisions of Article 2.1, 2.2, and 5.1 Technical Barriers to Trade (TBT) Agreement as well as Article III:4, XX(b), and XX(g) of General Agreement on Tariffs and Trade (GATT) 1994, alongside with relevant jurisprudence of WTO case laws. This research is conducted through juridical-normative method, which utilizes library materials and secondary data. The outcome of this study shows that RED II does violate obligations of non-discrimination based on GATT and TBT due to differential treatment of like products that inflicts less favorable treatment and unequal opportunities of competition for CPO.
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Partiti, Enrico. « Regulating Trade in Forest-Risk Commodities ». Journal of World Trade 54, Issue 1 (1 février 2020) : 31–58. http://dx.doi.org/10.54648/trad2020002.
Texte intégralRésumé :
There is considerable urgency in addressing the impact from the production of certain agricultural commodities on ecosystems and local communities. Forest-risk commodities (FRCs) such as cocoa, coffee, palm oil, rubber, soy, maize and beef generate negative impacts on deforestation, ecosystem destruction and human rights of the communities affected. In light of the international obligations entered into by the European Union (EU) and its Member States, this article proposes a possible measure regulating the entry into the EU market of FRCs via due diligence requirements for traders. It subsequently assesses its compliance with international trade law obligations under Articles I:1, III:4 and XX of the General Agreement on Tariffs and Trade (GATT). The article illustrates that it is possible to design World Trade Organization (WTO) compliant legislation addressing trade in FRCs. In assessing compatibility of the proposed measure, the article suggests possible approaches to implement sustainability criteria for FRCs. WTO law, deforestation, forest-risk commodities, human rights due diligence, nondiscrimination, trade and environment, EU value chain regulation
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Habyyeva, A. M. « The WTO and issues of digital immersion of international trade ». International Trade and Trade Policy 8, no 4 (15 janvier 2023) : 156–64. http://dx.doi.org/10.21686/2410-7395-2022-3-156-164.
Texte intégralRésumé :
The purpose and objectives of this article are determined by the pressing need for acceleration of the digitization dynamics in the international trade. The article emphasizes that in the modern time digital transformation is the key and biggest trend in the global trade business and its retail seсtor. The study has also provided a review related to the experiences of the top and leading global e-commerce countries. The features of the regulation of digital trade in the United States, China, India, and the European Union are identified and summarized. It is shown the World Trade Organization should play the key role in the process of unification and standardization of digital trade rules. The author provides recommendations on the key elements of a legally binding multilateral digital trade agreement and position of Turkmenistan in the context of accession to the World Trade Organization.
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Huang, Chieh. « Non-Market Economies' Accessions to the WTO : Evolution of the Approach and Implications for the Organization ». Hague Journal of Diplomacy 4, no 1 (2009) : 61–81. http://dx.doi.org/10.1163/187119109x394322.
Texte intégralRésumé :
AbstractThe General Agreement on Tariffs and Trade (GATT) and its successor, the Word Trade Organization (WTO), have been the main forum of international trade since the end of the Second World War. The regime is unquestionably based on free-market rules and principles. Yet in the last two decades, formerly planned economies — including Eastern European countries, former Soviet countries and China — have attempted to join the GATT/WTO. To encourage their transition under the influence of free-market principles, and to be a truly global trade organization, the GATT/WTO has accepted applicants with a reforming planned economy. This article studies the evolution of the GATT/WTO's approaches to integrate non-market economies and shows that the approach to integrate non-market economies during the WTO era is significantly different than during the GATT. While special mechanisms were provided in GATT accession protocols to bridge different market structures, WTO accessions require non-market economies to convert their own market structures. This article holds that this intolerance of different market structures in the WTO reflects the collapse of embedded liberalism and the rise of coercive trade diplomacy. Multilateral trade diplomacy has therefore become a means of imposing a domestic restructuring of economic structures rather than providing a negotiation forum for trade liberalization.
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Abida, Montej, et Ilhem Gargouri. « WHAT ARE THE THREATS TO THE FUTURE OF THE WTO ? » Revue Européenne du Droit Social 53, no 4 (12 septembre 2021) : 133–50. http://dx.doi.org/10.53373/reds.2021.53.4.046.
Texte intégralRésumé :
Today we are witnessing a serious crisis that could lead to the collapse of the World Trade Organization (WTO). This crisis is the consequence of the uncooperative behavior of the triad: the United States, the European Union and East Asia. When there is a confrontation between these three most powerful regional blocs, there is inevitably a blockage and a destructive trade war similar to that of the 1930s. In these times of crisis, each country tries to save its economy by relying on the strategy of protectionism. The negotiation and regulatory functions of the WTO are paralyzed: the Dispute Settlement Body is seriously affected by the refusal of the United States, since 2016, to renew the members of the Appellate Body (AB) whose mandates were expiring. This jeopardizes international rules negotiated since 1947, when the General Agreement on Tariffs and Trade (GATT) was created. The existence of liberalization fatigue and a growing rejection of globalization raises questions about the future of the WTO.
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Denisenko, Kristina S. « BREXIT’S EFFECTS ON GERMAN-UK COOPERATION IN CHEMICAL INDUSTRY ». Russian Economic Journal, no 4 (15 août 2022) : 48–61. http://dx.doi.org/10.33983/10.33983/0130-9757-2022-4-48-61.
Texte intégralRésumé :
Europe is the second largest chemicals producer in the world, yield only to the Asian region, where China is the undisputed leading country. The chemical industry is of great importance for both countries and it determines the structure of their economies. In turn, Brexit significantly affected the current dynamics and state of bilateral relations. Fairly long, stable trade and economic relations with Great Britain were of great importance for German business that did not hide its interest in adopting the agreement, which exclude rigorous trade tariffs and barriers. Being the largest EU economy with a clear export orientation, Germany was not ready to lose a huge export market. That is why Germany has made a significant contribution to negotiation process regulating the UK’s exit from the EU and put an effort to reach the consensus among parties concerned. Managing the UK’s departure from the European Union was not an exception from such ambitious program of six-month Germany’s Presidency of the Council of the EU (July–December 2020). Despite the fact that the Agreement on the UK’s withdrawal from the Eropean Union, which formally ended the state’s membership in the EU, had been adopted, a qualitatively new document was required. The Trade and Cooperation Agreement (TCA) was adopted, which determines a new framework for relations between the EU and the UK. The TCA significantly determines the entire spectrum of cooperation areas and includes the new interplay in the chemical industry, including the implementation of REACH (Registration, Evaluation and Authorisation of Chemicals) regulation. This article focuses on current state of German-UK economic ties and illustrates the role of chemical industry in the economies of both countries as well as points out the countries’ performance in the global industry.
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Denisenko, Kristina S. « BREXIT’S EFFECTS ON GERMAN-UK COOPERATION IN CHEMICAL INDUSTRY ». Russian Economic Journal, no 4 (15 août 2022) : 48–61. http://dx.doi.org/10.33983/0130-9757-2022-4-48-61.
Texte intégralRésumé :
Europe is the second largest chemicals producer in the world, yield only to the Asian region, where China is the undisputed leading country. The chemical industry is of great importance for both countries and it determines the structure of their economies. In turn, Brexit significantly affected the current dynamics and state of bilateral relations. Fairly long, stable trade and economic relations with Great Britain were of great importance for German business that did not hide its interest in adopting the agreement, which exclude rigorous trade tariffs and barriers. Being the largest EU economy with a clear export orientation, Germany was not ready to lose a huge export market. That is why Germany has made a significant contribution to negotiation process regulating the UK’s exit from the EU and put an effort to reach the consensus among parties concerned. Managing the UK’s departure from the European Union was not an exception from such ambitious program of six-month Germany’s Presidency of the Council of the EU (July–December 2020). Despite the fact that the Agreement on the UK’s withdrawal from the Eropean Union, which formally ended the state’s membership in the EU, had been adopted, a qualitatively new document was required. The Trade and Cooperation Agreement (TCA) was adopted, which determines a new framework for relations between the EU and the UK. The TCA significantly determines the entire spectrum of cooperation areas and includes the new interplay in the chemical industry, including the implementation of REACH (Registration, Evaluation and Authorisation of Chemicals) regulation. This article focuses on current state of German-UK economic ties and illustrates the role of chemical industry in the economies of both countries as well as points out the countries’ performance in the global industry.
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Biukovic, Ljiljana. « Transparency Norms, the World Trade System and Free Trade Agreements : The Case of CETA ». Legal Issues of Economic Integration 39, Issue 1 (1 février 2012) : 93–107. http://dx.doi.org/10.54648/leie2012006.
Texte intégralRésumé :
Canada and the European Union (EU) are negotiating an ambitious Comprehensive Economic and Trade Agreement (CETA). While the content of the agreement has not yet been officially disclosed by its negotiators, the general public and the business community are already concerned about the scope and effect of CETA on the two economies and their societies. This article deals with CETA's transparency provisions. It claims that, whereas CETA has not yet utilized external transparency to ensure support for the negotiations, it does have the potential for greater regulatory transparency in technical barriers to trade (TBT)- and sanitary and phytosanitary (SPS)-related matters than that found not only in the existing World Trade Organization (WTO) agreements but also in free trade agreements (FTAs) the two parties previously negotiated with third countries.
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Sultan, Arif. « WTO SUCCESSOR TO GATT ». American Journal of Islam and Society 14, no 2 (1 juillet 1997) : 172–87. http://dx.doi.org/10.35632/ajis.v14i2.2248.
Texte intégralRésumé :
Within a short span of time a number of economic blocs have emergedon the world horizon. In this race, all countriedeveloped, developingand underdeveloped-are included. Members of the North America FreeTrade Agreement (NAITA) and the European Economic Community(EEC) are primarily of the developed countries, while the EconomicCooperation Organization (ECO) and the Association of South EastAsian Nations (ASEAN) are of the developing and underdevelopedAsian countries.The developed countries are scrambling to create hegemonies throughthe General Agreement on Tariff and Trade (GATT). In these circumstances,economic cooperation among Muslim countries should be onthe top of their agenda.Muslim countries today constitute about one-third of the membershipof the United Nations. There are around 56 independentMuslim states with a population of around 800 million coveringabout 20 percent of the land area of the world. Stretchingbetween Atlantic and the Pacific Oceans, the Muslim Worldstraddles from North Africa to Indonesia, in two major Islamicblocs, they are concentrated in the heart of Africa to Indonesia,in two major blocs, they are concentrated in the heart of Africaand Asia and a smaller group in South and Southeast Asia.'GATT is a multilateral agreement on tariffs and trade establishing thecode of rules, regulations, and modalities regulating and operating internationaltrade. It also serves as a forum for discussions and negotiations ...
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Castellano-Álvarez, Francisco J., Francisco M. Parejo-Moruno, J. Francisco Rangel-Preciado et Esteban Cruz-Hidalgo. « Regulation of Agricultural Trade and Its Implications in the Reform of the CAP. The Continental Products Case Study ». Agriculture 11, no 7 (7 juillet 2021) : 633. http://dx.doi.org/10.3390/agriculture11070633.
Texte intégralRésumé :
The evolution of the Common Agricultural Policy (CAP) has been conditioned by a number of factors. Among them is the so-called external aspect of the CAP on which this work focuses, being the main objective to analyze the relationship between the evolution of the CAP and the negotiations leading to the liberalization of international agricultural trade, which were held within the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). In the same way, we also consider the consequences for European agricultural foreign trade derived from the commitments assumed by the European Union (EU) in those two negotiating forums. To achieve these objectives, this research proposes two working lines: first, a literature review for better understanding how international agricultural trade has been regulated since the end of the Second World War to the present, and second, a research effort to know the possible implications that said regulation have had for the evolution of European agricultural foreign trade. In this latter case, the issue is addressed through an empirical analysis using two of the main specialized statistical databases in international trade: EUROSTAT and COMTRADE. The results of the research show that, as the changes introduced by the CAP reforms have been consolidated (based on the trade commitments assumed by the EU), there has been a gradual decrease in the share of European exports in the international markets for continental products.
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Fakhri, Michael. « The WTO, Self-Determination, and Multi-Jurisdictional Sovereignty ». AJIL Unbound 108 (2014) : 287–94. http://dx.doi.org/10.1017/s2398772300009430.
Texte intégralRésumé :
In EC—Seal Products, the World Trade Organization (WTO) Appellate Body (AB) held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under General Agreement on Tariffs and Trade (GATT) Article XX(a) as a measure necessary toprotect public morals. It also held that the indigenous communities (IC) exception under the EU Seal Regime is inconsistent with GATT Article I:1 (Most-Favored Nation) because it discriminated against commercial fishers in Canada and Norway and was applied in a manner that favored the mostly Inuit seal hunters of Greenland, and thus ran afoul of Article XX’s chapeau. Since the entire EU Seal Regime is not likely to be done away with, the most important question for Inuit communities is: how will the EU change the discriminatory aspects of the Seal Regime and IC exception? The EU faces an October deadlineto pass its new legislation and this remains a very live issue.
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Haseeb Ansari, Abdul, et Nik Ahmad Kamal Nik Mahmod. « Biosafety Protocol, SPS Agreement and export and import control of LMOs/GMOs ». Journal of International Trade Law and Policy 7, no 2 (5 décembre 2008) : 139–70. http://dx.doi.org/10.1108/14770020810927336.
Texte intégralRésumé :
PurposeWhen genetically modified organisms (GMOs) were put into the international trade, people in many countries, especially European countries, became skeptical of them. A perception developed that they are harmful to human, animal, plant life and health, and destructive to the environment. It is true that if there is no safe use of genetically modified living organisms (LMOs), other species might be affected causing loss to the environment. So as to ensure safe use of LMOs and GMOs, the Cartagena Protocol and the SPS Agreement were, respectively, made. The purpose of this paper is to critically examine both the legal instruments and to explore ways to make them co‐existent, so that human, animal, plant life and health, and the environment are protected without affecting the international trade in LMOs and GMOs.Design/methodology/approachThis paper undertakes a critical examination of the issues surrounding GMOs and LMOs.FindingsThe Cartagena Protocol and the SPS Agreement serve two different purposes. It is for this reason that some of their provisions are not co‐extensive. But the conflict in them can be resolved. It is suggested that the provisions pertaining to the precautionary principle of the SPS Agreement should be brought in line with that of the Cartagena Protocol. It is also suggested that importing countries should conduct their own risk assessment preferably by following the CODEX procedure. In no case, risk assessment done by producing companies should be taken as conclusive.Practical implicationsIf suggestions offered by the paper are followed, the two will then protect the human, animal and plant health and the environment in the best possible way.Originality/valueFor achieving its object, the paper presents a comparative assessment of the cases decided under the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO).
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Xu, Andrea. « Brexit and the WTO : What Happens Next ». Michigan Journal of Environmental & ; Administrative Law, no 7.1 (2017) : 179. http://dx.doi.org/10.36640/mjeal.7.1.brexit.
Texte intégralRésumé :
In the summer of 2016, the United Kingdom (the “UK”) announced its decision to leave the European Union (the “EU”). This decision, more commonly known as “Brexit,” subsequently stirred British politics, which included Theresa May replacing David Cameron as Prime Minister. Brexit created a unique situation in European and global politics, and instigated a discussion among politicians, academics, economists, and the likes about how the UK will leave the EU and Brexit’s implications in the UK, Europe, and the world as a whole. This Note analyzes one specific aspect of Brexit: the administrative procedures the UK must undergo to establish itself as an independent Member State in the World Trade Organization (“WTO”). This Note solely focuses on the UK’s Schedule of Concessions and considers three possible administrative proceedings that address the UK’s challenges with its Schedule of Concessions. This Note advances the argument that the most realistic administrative proceeding will be for the UK to de facto adopt the EU’s Schedule of Concessions under Article XXVI:5(c) and invoke the UK’s right to reserve to renegotiate certain provisions of its Schedule of Concessions under Article XXVIII of the 1947 General Agreement on Tariffs and Trade (the “GATT”). This procedure will allow the UK greater freedom to choose its own trade policies and draft a Schedule of Concessions in the shortest period, thus mitigating a potentially severe disruption in international trade.
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Lim, Byeongho, Kyoungseo Hong, Jooyoung Yoon, Jeong-In Chang et Inkyo Cheong. « Pitfalls of the EU’s Carbon Border Adjustment Mechanism ». Energies 14, no 21 (4 novembre 2021) : 7303. http://dx.doi.org/10.3390/en14217303.
Texte intégralRésumé :
The European Union (EU), which has led international discussions on global warming, officially announced its plan for the Carbon Border Adjustment Mechanism (CBAM) in July 2021. Many existing studies have indicated the CBAM will curtail greenhouse gases, and will subsequently be positive in terms of reducing global warming. However, serious legal issues and trade disputes are expected in terms of the compatibility of the CBAM with the trade rules of the General Agreement on Tariffs and Trade (GATT). Contrary to the EU’s explanation, the international community has a strong view of CBAM as a new trade barrier under the guise of preventing global warming. Above all, this is because it is an arbitrary measure by the EU and not the one that has been internationally agreed upon. Therefore, this paper tries to identify the pitfalls and estimate the global cost of CBAM, arguing that the mechanism is not in line with international trade rules, and that many countries will not sit back and suffer from it. The world economy will inevitably face a vicious cycle of trade retaliation. The CBAM will drive up trade costs and cause another trade distortion. While the goal of preventing climate change is good, the CBAM scheme is too costly for the world economy.
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Hodu, Yenkong Ngangjoh. « Regionalism in the WTO and the Legal Status of a Development Agenda in the EU/ACP Economic Partnership Agreement ». Nordic Journal of International Law 78, no 2 (2009) : 225–48. http://dx.doi.org/10.1163/157181009x431767.
Texte intégralRésumé :
AbstractThe proliferation of regional trade agreements (RTAs) which share similar ideals with the World Trade Organization (WTO) has added to claims of disintegration within international trade law. Notwithstanding the ambiguity surrounding the reading of General Agreement on Tariffs and Trade (GATT) Article XXIV on RTAs, WTO members are continuously negotiating RTAs with objectives which have so far not received universal acceptance under the WTO treaty system. In the context of European Union (EU)-Africa trade relations, the December 2007 EU-Africa summit was expected to be an appropriate venue for leaders from both sides to resolve the controversy surrounding the idea of development-friendly free trade agreements between the contracting parties. But, the summit was wrapped up without achieving any clear answer to this issue. Similarly, at the multilateral level, i.e. the WTO Doha Development Round negotiations, which the EU and the African, Caribbean and Pacific Group of States have sponsored, numerous development-friendly proposals on RTAs stalled since July 2006. Consequently, in view of this controversy, if development concerns can be factored into economic partnership agreements (EPAs), what would be an acceptable threshold for such RTAs to conform to GATT Article XXIV requirements of “substantially all trade” and “reasonable period of time”? This paper discusses the idea of development and WTO compatibility in the context of the EU-Africa Economic Partnership negotiations. In view of the flawed dispute settlement provisions under the Cotonou Partnership Agreement (CPA), the paper further tries to answer the question of whether the CPA contains rights and obligations that need protection by individual EU member courts and may necessarily be enforced before the European Court of Justice. The paper ends with some thoughts on the post-EPAs adjustment programme.
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Costa, Cinthia Cabral da, Heloisa Lee Burnquist et Joaquim José Martins Guilhoto. « Special safeguard tariff impacts on the Brazilian sugar exports ». Journal of International Trade Law and Policy 14, no 2 (15 juin 2015) : 70–85. http://dx.doi.org/10.1108/jitlp-05-2015-0010.
Texte intégralRésumé :
Purpose – This paper aims to present a critical analysis of special safeguards (SSGs) and a simulation of their effects on Brazilian sugar exports to countries such as the US and the European Union (EU) bloc. Design/methodology/approach – The first stage involved the identification of tariff lines for the EU and the US sugar imports from Brazil between 1995 and 2013. Next, notifications of World Trade Organization about SSGs were examined to identify the years when the measure was applied on the sugar trade by these countries. For the years when SSGs were applied, the values of these additional tariffs were calculated. This information was used, along with price elasticities, to obtain the effects of an increase in Brazilian sugar exports in the absence of SSG and also the overall impact on the Brazilian economy, using its input-output matrix. Findings – Results indicated that the estimated value of the direct, indirect and income effects of SSG tariffs on Brazilian sugar exports to the EU and the US markets through the period 1995 to 2013 could amount to BRL 22 billion in terms of the exporting country GDP. This suggests that this policy can be highly perverse, as it translates into lower domestic production for both, the exporting and the importing countries. This issue is relevant for discussions on the global sugar market, given the facts that it is one of the markets which have been most distorted by protectionism. Originality/value – This issue is relevant for discussions on the global sugar market, given the facts that it is one of the markets which have been most distorted by protectionism.
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Narayan, Anand Vardhan, et Anand Swaroop Das. « Settling the Debate of Animal Welfare, Public Morals and Trade : In the Light of the EC-Seal Products Case ». Global Trade and Customs Journal 11, Issue 6 (1 juin 2016) : 267–79. http://dx.doi.org/10.54648/gtcj2016036.
Texte intégralRésumé :
The EC-Seal Products is a case which caused considerable debate and attracted the greatest public attention in the recent years raising fundamental questions about trade liberalization, animal welfarism and pluralistic public morals under the World Trade Organization jurisprudence. The public policy implications of this unprecedented decision are far-reaching as both the Panel and the Appellate Body for the first time clarified that trade-restrictive regulatory measures qualify as exceptions under Article XX of the General Agreement on Trade and Tariffs (GATT) despite the fact that these measures contain their own exceptions which compromise the policy objectives of the same measures by taking into account other policy objectives. The European Union introduced the policy as a response to the moral outrage concerning the inhumane killing of seals. The decision readily acknowledges the importance of a blanket trade ban on grounds of animal welfare in an era of increasing globalized trade. The interpretative issues inter alia touched upon the legitimacy of the exceptions to the Seal Regulations and the scope of animal welfare vis-a-vis the public moral exception under Article XX (a) of the GATT. The present article critically analyses the Appellate Body ruling in the EC-Seal Products dispute in the light of the growing concern regarding animal welfare and the resulting legislations across the globe.
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Tomilov, M. V. « Prospects for deepening of trade integration between the EAEU participants and the Asia-Pacific countries ». POWER AND ADMINISTRATION IN THE EAST OF RUSSIA 92, no 3 (2020) : 32–43. http://dx.doi.org/10.22394/1818-4049-2020-92-3-32-43.
Texte intégralRésumé :
Against the background of negotiations crisis within the World Trade Organization framework, as well as increasing competition in the world markets, an important element of the state's economic policy is the integration component. The Russian Federation has chosen the deepening of integration interactions within the Eurasian Economic Union (EAEU) as a priority direction in this area. To improve the efficiency of trade integration, it is necessary to increase the total market size. Since the EAEU market has not yet reached the indicators of the other large integration associations (the European Union, etc.), the Union’s members need to conclude agreements with the third countries. The most interesting option in this regard is the rapidly developing Asia-Pacific region (APR). On the basis of results of the free trade agreement between the EAEU and Vietnam the article discusses the integration prospects of the Eurasian block and the Asia-Pacific countries. There are two scenarios: the conclusion of bilateral agreements with the individual regional states and negotiations with the regional integration associations. It was concluded that it is advisable to deepen the integration processes with the main trading partners in the Asia-Pacific region separately, or to conclude a general agreement with the Regional Comprehensive Economic Partnership (RCEP), whose members are almost all the most important states for EAEU (in trade terms) in the region. However, in order to become a full-fledged participant in the negotiations, it is first necessary to sign such an agreement with the ASEAN countries. The results can be used in the economic model development of Russia's integration into the world system and in assessing the prospects for implementation of the national integration strategy.
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Ingot, Steven Raja, et Ridho Meyrandoyo Hastjarjo. « ANALISIS DAMPAK LIBERALISASI PERDAGANGAN BARANG PADA PERUNDINGAN INDONESIA–EU CEPA TERHADAP PEREKONOMIAN INDONESIA ». Buletin Ilmiah Litbang Perdagangan 11, no 2 (31 décembre 2017) : 123–42. http://dx.doi.org/10.30908/bilp.v11i2.223.
Texte intégralRésumé :
Uni Eropa (EU) merupakan salah satu negara tujuan utama ekspor Indonesia, namun pangsa pasar Indonesia di Uni Eropa masih di bawah beberapa negara ASEAN lainnya. Pada tahun 2015, pangsa pasar Indonesia di Uni Eropa baru mencapai 0,37% masih berada di bawah pangsa pasar Thailand (0,48%), Malaysia (0,49%), dan Vietnam (0,74%) (Trademap 2017). Indonesia membutuhkan akses pasar untuk dapat meningkatkan pangsa pasar di Uni Eropa dan salah satunya adalah dengan melakukan liberalisasi perdagangan barang. Studi ini bertujuan untuk menganalisis dampak liberalisasi perdagangan barang terhadap perekonomian Indonesia dengan dua opsi, yaitu Simulasi 1 (SIM1) yaitu penghapusan tarif 100% untuk 4.945 pos tarif HS 6 digit. Simulasi 2 (SIM2) yaitu penghapusan tarif 100% kecuali untuk Uni Eropa sebanyak 260 pos tarif dan Indonesia sebanyak 235 pos tarif. Simulasi 2 digunakan untuk mempertimbangkan modalitas yang mirip dengan modalitas Vietnam-EU Partnership and Cooperation Agreement (Vietnam-EU PCA). Metode analisis yang digunakan adalah model Computable General Equilibrium (CGE) yang terdapat pada Global Trade Analytical Project (GTAP). Hasil analisis menunjukkan bahwa simulasi 1 memberikan dampak yang lebih baik dibandingkan dengan simulasi 2, karena tingkat pertumbuhan ekonomi dan kesejahteraan Indonesia pada simulasi 1 lebih besar daripada simulasi 2. Namun demikian, Indonesia tetap dapat menggunakan modalitas sebagaimana dilakukan oleh kerjasama Vietnam-EU PCA sebagai dasar perundingan Indonesia – European Union Comprehensive Economic Partnership Agreement (I-EU CEPA) karena selisihnya dikategorikan tidak terlalu besar. European Union (EU) is one of the main destinations of Indonesian export; however, the Indonesia’s market share has been left behind compared to some other ASEAN countries. In 2015, Indonesia's market share in the EU has reached only 0.37%, which was still left behind from the market share of Thailand (0.48%), Malaysia (0.49%) and Vietnam (0.74%) (Trademap, 2017). Indonesia requires a market access to increase market share in the EU, for instance by liberalizing trade in goods. This study aims to analyze the impact of liberalization of trade in goods on the Indonesian economy with two options: Simulation 1(SIM 1) by reducing tariff 100% for 4,945 tariff lines based on HS 6 digits, and Simulation 2 (SIM 2) by reducing 100% tariffs except 260 tariffs lines of EU and 235 tariff lines of Indonesia. Simulation 2 was conducted to consider the similiar modalities undertaken by Vietnam-EU Partnership and Cooperation Agreement (Vietnam-EU PCA). The analytical methods used Computable General Equilibrium (CGE) model in the Global Trade Analytical Project (GTAP). The result shows that simulation 1 gives a better impact compared to simulation 2, as the level of economic growth and the welfare of Indonesia. Simulation 1 is larger than Simulation 2. However, Indonesia can use the modalities similar with Vietnam-EU PCA modalities as the basis of the Indonesia-EU Comprehensive Economic Partnership Agreement (I-EU CEPA) negotiations because the difference is not significant.
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Arko, Annie. « A Canadian Border Carbon Adjustment ? GATT Compliance and Underexplored Exceptions ». Global Trade and Customs Journal 16, Issue 9 (1 septembre 2021) : 446–58. http://dx.doi.org/10.54648/gtcj2021050.
Texte intégralRésumé :
Canada is one of thirty-one countries covered by a national carbon pricing mechanism. Complementary border carbon adjustment (BCA) on imports is the next step for preventing carbon leakage from these thirty-one jurisdictions. Existing commentary assessing the legitimacy of a BCA under the General Agreement on Tariffs and Trade (GATT) focuses on the European Union (EU) and the United States (US) and favours the more conventionally used exceptions for protecting environment and conserving natural resources through Articles XX(b) and (g). This article contributes to the literature by flagging that Article XX(b) may not be the most promising route for Canada and provides a fresh characterization of Article XX(g). This article further breaks with convention and takes the road less trod by considering the strength of Articles XX(a) public morals, (d) compliance with laws and regulations, (f) national treasures, and XXI security exceptions. It is challenging to fit modern solutions to complex problems into the GATT, but the WTO needs to demonstrate its responsiveness to change in order to maintain relevancy and legitimacy. Afterall, there can be no trade on a dead planet. Border carbon adjustment, WTO, Article XX GATT, Article XXI GATT, Canada, climate change, climate action, carbon pricing
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Kim, Hyun-Jung. « A Research on Regionalization under the WTO SPS Agreement ». Korea International Law Review 63 (31 octobre 2022) : 171–91. http://dx.doi.org/10.25197/kilr.2022.63.171.
Texte intégralRésumé :
The World Trade Organization (hereinafter, WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter, SPS Agreement) is the first multilateral agreement which elaborates on the principles of Article XX(b) of the General Agreement on Tariffs and Trade (GATT) 1994. The SPS Agreement aims to protect human, animal or plant life or health, and prevent those SPS measures from discriminating arbitrarily between the WTO members.
Especially, it is important to understand the Adaptation to Regional Conditions (hereinafter, Regionalization) of Article 6 under the SPS Agreement, as WTO Appellate Body in the Russia-Pigs Dispute examined the implementation aspects of Article 6.2 under the SPS Agreement. The Appellate Body reversed its previous rulings on Article 6.2 in the India-Agricultural Products Dispute, the US-Animals Dispute, and the Russia-Pigs Dispute, and highlighted the implementation aspects of the 'Regionalization Procedure', for the first time. In addition, the WTO Dispute Settlement Body (DSB) in the US-Animals Dispute and the Russia-Pigs Dispute pinpointed the relationship between the 'Import Approval Procedure' under Article 8 and Annex C, and the 'Regionalization Procedure' under the Article 6 of the SPS Agreement. Thus, this research focuses on the WTO Adjudications on Regionalization of Article 6, and its extended interpretations to the 'Import Approval Procedure' of Article 8 and Annex C of the SPS Agreement. It continues to study on the Regionalization provisions within the United States, European Union, and the Republic of Korea. Also, it analyzes and compares on the legal obligations of Regionalization provisions under the preferential trade agreements, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter, CPTPP), the Regional Comprehensive Economic Partnership (hereinafter, RCEP), and the United States-Mexico-Canada Agreement (hereinafter, USMCA). It mainly compares CPTPP and RCEP, or CPTPP and USMCA. The main purpose of this analysis is to comprehend the contents and the level of legal obligations of CPTPP, and find legal improvements for the domestic regulations of the Republic of Korea after its accession to CPTPP. In the same vein, this research emphasizes on the significance of the WTO Adjudications and its implications to be reflected on the domestic regulations.
The Republic of Korea needs to organize a systematic framework for dealing with the Regionalization requests from foreign governments, and establish an official position who specializes in the 'Regionalization Procedure'. This research will provide implications for the improvement of the legal and administrative framework of the Republic of Korea.
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Pasechnyk, Olena. « INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION ». Baltic Journal of Economic Studies 8, no 5 (30 décembre 2022) : 146–57. http://dx.doi.org/10.30525/2256-0742/2022-8-5-146-157.
Texte intégralRésumé :
The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.
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Klym, Andrii-Vitalii. « Customs Policy of Ukraine in the Context of Modern Social Challenges ». Democratic governance 29, no 1 (31 août 2022) : 128–40. http://dx.doi.org/10.23939/dg2022.01.128.
Texte intégralRésumé :
Formulation of the problem. At the present stage of development of the Ukrainian state there is a difficult economic situation caused by the pandemic and Russia’s military invasion into Ukraine. Undoubtedly, this affects all spheres of life of Ukrainian society, including the implementation of the customs policy. This provides grounds for the discussion about the objective need to pay more attention to the development and improvement of customs policy, implemented in Ukraine. The key role is given to the state, called to regulate these processes. An effective customs policy must respond flexibly to external threats and counteract quickly all the possible negative consequences of such threats towards strengthening economic interests of the state and maximizing compliance with international rules and requirements in the national customs system. The customs policy is designed to regulate foreign trade and protect of domestic producers, ensure realization of national interests in the field of stimulating the development and restructuring of the national economy. Analysis of recent research and publications. A significant number of scholars study the peculiarities of customs policy implementation and consider this multifaceted phenomenon from different points of view. In particular, it is worth mentioning such scientists as M. Bilukha, O. Hodovanets, T.Yefymenko, I. Kveliashvili, O. Kolomoiets, Martyniuk, O. Mosiakina, V. Pashko, V.Khomutynnik, and others. Their works are devo- ted to the general issues of implementation of the customs policy in Ukraine, the role of cus- toms in the system of state bodies, management of customs activities and customs control. Distinguishing previously unsolved parts of the overall problem. Dynamic changes taking place in Ukrainian society today, in particular, hostilities in Ukraine, determine the need for a deep and unified understanding of the implementation of customs policy in the context of modern challenges, which necessitates further research in this field. Presentation of the main material of the study. The system of customs authorities is designed to implement customs policy in the country on the basis of the principles of territorial organization, foreign economic activity and international cooperation defined in the Constitution. The main legislative act regulating legal relations in the country and, in particular, in the field of customs policy, is the Constitution of Ukraine. A brief overview of the peculiarities of functioning of the customs authorities of developed countries shows their universality and management of tasks far beyond the scope of powers that is inherent in the Ukrainian customs authorities. In other words, customs authorities of Ukraine are characterized by narrow specialization and fulfillment of only those responsibilities that directly belong to the field of customs policy of the state. Foreign experience makes it possible to understand, which direction the Ukrainian state is moving in view of the unification of domestic customs policy. Thus, having chosen the European integration course, Ukraine has embarked on the path of expanding foreign economic ties and deepening cooperation with European countries. Accordingly, the customs policy of Ukraine, based on the legislative and regulatory framework built on European standards and which is designed to regulate legal relations arising between entities when crossing the customs border, gains particular importance. Customs legislation is very dynamic and constantly unified, as the state needs constant integration with the countries of the European Union and deepening relations with them within free economic zones. In particular, emphasis should be placed on Ukraine’s accession to the World Trade Organization. This fact, as well as the European integration aspirations of Ukraine, limit the sovereignty of Ukrainian legislation in the field of customs policy. After all, the World Trade Organization proclaims a course to reducing barriers in trade and exchange of goods and services between the member states, as well as to elimination of non– tariff methods of regulating international economic relations, and the constant reduction of import tariffs. Thus, Ukraine must adjust its legislative and regulatory framework in the field of customs policy to the standards and requirements of the World Trade Organization and the European Union. The following main areas of improvement of customs policy were identified: implementation of international standards and requirements for increasing the level of protection of national interests of the state; simplification of customs procedures to reduce the number of abuse in this area; increasing the efficiency of detection and counteraction to negative phenomena in the field of foreign trade; improving the implementation of foreign economic activities and creating optimal conditions for the participants. Conclusions. Thus, the customs policy in Ukraine has had sufficient regulatory and legislative support in recent decades. At the same time, given Ukraine’s desire to integrate into the European environment, cooperation with the World Trade Organization and other international organizations, it is necessary to increase attention to the regulatory framework of customs relations. Priority of international treaties over domestic Ukrainian legislation indicates the need to unify the legislation of Ukraine and bring it in line with international norms and standards.
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Zayats, O. І. « TRADE AND COMPETITIVE COOPERATION OF THE EU WITH THE MAJOR INTERNATIONAL INTEGRATION GROUPINGS ». Actual Problems of International Relations, no 143 (2020) : 57–68. http://dx.doi.org/10.17721/apmv.2020.143.1.57-68.
Texte intégralRésumé :
The article examines the current interaction, convergence and the state of formalization of trade and competitive cooperation between the largest international integration groupings, namely, negotiating the free trade area between them and determining the possible prospects for the development of transregional integration. The aim of the study is to analyze the main trends of free trade zones and agreements between the European Union (EU), United States-Mexico-Canada Agreement (USMCA), Association of Southeast Asian Nations (ASEAN), South American economic organization (MERCOSUR), the impact of transregional integration on trade and investment activities of Member States and integration groupings in general. The analysis of current trends has indicated the strengthening of the momentum of the negotiations on free trade zones between international integration groupings and the establishment of the major global trend: the number and types of agreements on trade and economic cooperation not only between countries, but also between interstate integration groupings are growing, new free trade zones are being announced, and the range of concepts regarding competitive advantages is being extended. It has been determined that trade and competitive interaction of the global economy creates a stable platform for building up both economic and competitive force, which leads to global economic development and enhances hypercompetition. It has been proved that trade and competitive convergence of interstate integration groupings leads to new forms and mechanisms of activities organization and as a result, the prospects for the consolidation of free trade zones are emerging. Thus, the competitive position of international integration associations in the global economy is being strengthened due to active development of economic and trade cooperation, not only within the grouping of Member States, but also in the parallel process of interaction with non-Member States and with international integration groupings.
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Mashevskyi, Oleh. « EUROPEAN UNION AND GREAT BRITAIN IS SEEKING NEW FORMS OF COOPERATION Review of the monograph by A.V. Grubinko, A. Yu. Martynov “The European Union after BREXIT : a continuation of history” (Ternopil – Kyiv, 2021. 258 p.). » European Historical Studies, no 19 (2021) : 97–103. http://dx.doi.org/10.17721/2524-048x.2021.19.8.
Texte intégralRésumé :
The authors of the monograph focused on the scientific analysis of an actual scientific and applied topic, which concerns the problem of adaptation of the European Union to the new conditions that have emerged since the UK left the EU. It is symbolic that this process coincided with the crisis of the globalization process due to the pandemic and its challenges to international security. The modern European Union is both an international and a state-like entity, which combines the features of at least three state unions: an international intergovernmental organization, a confederation and a federation. This not only determines the complexity of the subject of study, but also its inconsistency. In conditions of radical social change, it is always difficult to track and adequately analyze them. This titanic task is further complicated by the presence of an in-house methodological crisis in the family of social sciences. Therefore, given all these objective difficulties, we can only welcome attempts to find a new theoretical and methodological synthesis, which should help society to understand the essence of historical time and act in it as rationally and efficiently as possible. The pages of the monograph raise questions about the heuristic potential of the study of the problem of European historical experience; in addition, significant attention is paid to the coverage of a systematic approach to the social vector of European policy. It also addresses the issue of solving key social problems that stand in the way of qualitative deepening of European integration while maintaining the basic guidelines of social market economy. Among these issues, the authors highlight and analyze the most important aspects, which relate primarily to overcoming poverty and combating unemployment. The monograph outlines the range of methodological problems of transformational historical period, involved in its study synthesizing approach, which consists in the use of historical, socio-philosophical, economic, political science, legal approaches. This approach allows to restore the synthesis of scientific knowledge, which is often disrupted not only by the tendency to specialized fragmentation of complex objects of study, but also allows to take into account the specifics of the transitional historical period. In a geographical sense, not all European regions are equally developed, due to their different economic specialization, which has developed as a result of the historical division of labor. Eventually, there is a tendency to shifting responsibility for solving the problems of poor regions to themselves. The same German experience with the unification of East and West of the country has shown that even huge investments in infrastructure development, introduction of new technologies, efforts to increase productivity – all this together do not solve quickly enough the problem of social convergence. The leveling of the social space of richer and poorer federal states is rather slow. Last but not least, these problems became a good reason for the Great Britain’s withdrawal from the European Union. The issue of the monograph is of practical importance for the foreign policy of Ukraine. After all, the European Union is an important neighbor, trade and political partner of Ukraine and accession to it is actually declared as a prototype of a strategic national idea. The European project is essentially postmodern, as it seeks to overcome the modernism with which nationalism is associated and to reach a level of tolerant agreement of different national interests. The intensification of the globalization process has prompted integration structures to perform functions that limit national sovereignty. Historiographical discourse of common foreign and defense policy of European Union proves that this strategic course of European integration depends on the ability of elites and peoples of Europe to find a common European identity and organize around it the process of determining the place and role of the European Union in the modern system of international relations. This process in the distant historical perspective remains an open possibility with an unguaranteed positive or negative result. Britain’s withdrawal from the European Union, which was unexpected for many researchers of European integration, matured gradually. The authors of the peer-reviewed monograph list the main trends that influenced this decision. First of all, we are talking about the unregulated EU development strategy, the fate of the common European currency, the imperfection of the system of decision-making in the field of common foreign and security policy, which led to an ineffective EU response to Russian and Chinese autocratic challenges. Despite the objective problems associated with mutual adaptation of old and new EU member states, the European integration project continues to be seen as the key to addressing the challenges of modern life and finding answers to the challenges of globalization. In particular, in the final sixth chapter, the author focuses on the theoretical, methodological and practical analysis of the problem of democracy. The authors of the monograph are looking for an answer to the question of what the European Union will be like after the exit of Great Britain. No less important is the question of whether Britain will become a “global” Britain after leaving the European Union. Of course, Britain is concerned about turning the EU into a superpower that has not only its own flag, anthem, currency, but also the germ of a common European army and tries to pursue a common foreign and defense policy. London advocates stronger resistance from China and ousting Russia from Europe. Changing regional influences in the EU may create a new structure of conflict of interest not only for individual countries but also for various regional groups. The issue of a clear division of powers between supranational and national authorities at all levels seems ripe. More adequate to this trend will be not so much a more centralized federalist Europe as a decentralized confederative one. By the way, the model of the latter looks more open for further expansion. This work is imbued with the spirit of realistic Europeanism. Therefore, not least because of this, the peer-reviewed monograph will become a notable phenomenon in domestic European studies.
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MATIICHUK, Liubomyr. « SECURITY OF UKRAINE’S ELECTRICITY MARKET : IMPLEMENTATION AND CONTINUED HOLDING ». Ukrainian Journal of Applied Economics 6, no 3 (2 septembre 2021) : 336–44. http://dx.doi.org/10.36887/2415-8453-2021-3-45.
Texte intégralRésumé :
The emergence of state-owned enterprises, Market Operator and Guaranteed Buyer, which are responsible for the operation of the day-ahead and intraday market and form the price policy for payment of electricity services to producers and suppliers that use renewable energy sources, i.e., work according to "green tariff" and "regulated tariff" for the needs of the population. It was noted that energy is distributed within the UES by energy supply companies licensed to provide electric energy at regulated and non-regulated tariffs. It is outlined that the actual results of the processes of reforming the electricity market are: the organization of the electricity market segments, which allows to consider the day-ahead market as the leading indicator of price formation; two trade zones operating at the same time, the United Energy System of Ukraine and the energy center of the Burshtyn TPP, where different prices have been formed due to the generation structure; the possibility of using the export potential of electricity according to the principles of ENSTO-S has been launched, which promotes general agreement between supplier countries, increases competition, forms a system of balanced results with the minimization of losses, accelerates the processes of integration of the electricity market of Ukraine into the European energy system. At the same time, the electricity market of Ukraine faces many challenges and threats, among which the countdown to the implementation of the free electricity market model was not accompanied by objective reasons by changes in regulated electricity prices for specific categories of consumers (population) and cross-subsidization, which ultimately caused significant financial stress to the state-owned enterprises Energoatom and UkrHydroEnergo, which are subject to the imposition of special duties; the practice of operating auctions for renewable energy sources in order to optimize their value is not implemented correctly. In this area, only the construction of such objects took place under the conditions of fixing the "green tariff"; led to a drop in economic development, significant consumer debt, and a decrease in electricity consumption, as a result of a drop in prices, an increase in the deficit and debt coverage for select categories of consumers; the significant accumulation of the debt burden of SE Energorynok in front of a significant number of generating companies, requires immediate state regulation and the adoption of a particular law regarding the further resolution of this problem; replacement of old capacities with new ones with a quick start for balancing and functioning of gas piston units and energy storage systems. It became known that in terms of its actual content, the electric power industry has several specific features that characterize its energy orientation: the change of parameters depending on the field of application, the simultaneity of the processes of production and consumption as an energy resource; constancy and identity of volumes of produced and consumed electrical energy; lack of possibilities for reservations in the form of goods; the impossibility of a predictable assessment of resource generation and consumption; complete dependence of the production component on consumer demand. In addition to the circumstances of the economic direction, specific properties are also characteristic of electric energy, which is related to its essential purpose as an energy resource: power; time; terms and conditions of consumption; quality; distance; variability. Today, the already existing positive and negative consequences of the effectiveness of state economic regulation of the electricity market should be noted. As for the negative consequences, it should be noted the versatile and non-uniform nature of the application of various forms and methods of pricing to electricity producers; tax imbalance due to the lack of necessary tax and budget levers for regulating the electricity industry; the practice of the cross-subsidization system of some consumers at the expense of others through the wholesale market price (ORC) for electric energy. A review of safety criteria in the country's electric power sector shows the imperfection of the electricity market and the need to strengthen the relevant safety tools. Keywords: electric energy, electric power industry, energy, electric power safety, energy market of Ukraine.
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Obayelu, Abiodun Elijah, Sarah Edore Edewor et Agatha Osivweneta Ogbe. « Trade effects, policy responses and opportunities of COVID-19 outbreak in Africa ». Journal of Chinese Economic and Foreign Trade Studies ahead-of-print, ahead-of-print (22 décembre 2020). http://dx.doi.org/10.1108/jcefts-08-2020-0050.
Texte intégralRésumé :
Purpose The paper is a preliminary assessment of coronavirus disease’s (COVID-19) effects on African trade, policy responses and opportunities within the limitations imposed by data and the information currently available and in the lights of other international organizations’ growth forecasts. The study was undertaken to get deeper understanding of the threats and opportunities of COVID-19 on African trade because of the existing interconnected trade networks making African countries to be more vulnerable and increasing number of restrictions and distortions among major traders. This study aims to present strong information required in underpinning sound national, regional and inter-regional policy responses to keep trade flowing. Design/methodology/approach To assess COVID-19’s effects on African trade, policy responses and opportunities, this study relied on data and information currently available from organizations such as World Trade Organization (WTO), World Bank (WB), Organisation for Economic Co-operation and Development, International Monetary Fund, European Union, International Trade Statistics and various African countries’ trade and national statistics publications. The analysis contains two main scenarios. The first, an observed effects scenario (first quarter of year 2020), looks at the observed effect of COVID-19 outbreak on trade in Africa. The second, a potential effects scenario, analyses the potential trade effects if the COVID-19 outbreak lingers and spreads more intensively than is assumed in the baseline scenario. Findings The COVID-19 outbreak affects several aspects of international trade even though the full effects of the outbreak are not yet visible in most trade data. Some leading indicators had shown that keeping trade flow can support the fight against COVID-19 as well as having damaging effect on Africa’s trade. COVID-19 had led to a deep fall in transaction, both at the international level and within-regions. Tariffs and other restrictions to imports harm the flow of critical products to African countries. Uncooperative trade policies lead to higher prices of goods in fragile and vulnerable African countries. Research limitations/implications Long term in-depth analysis of the effects of COVID-19 on trade using quantitative data is still very difficult because of paucity of data and the great level of the improbability of the trajectory of the spread of the virus. Informed assessment of the full trade impact of the pandemic on African countries is therefore still difficult. Notwithstanding, this study assesses the immediate effects and conveys the likely extent of impending African trade pains and the potential needs for assistance. Practical implications Trade in both goods and services plays a key role in overcoming the pandemic and limit its effects by providing access to essential medical goods to treat those affected, ensuring access to food, providing farmers with needed inputs, support jobs and sustain economic activity during global recession. However, temporary COVID-19 trade measures such as borders closure, export prohibition and import ban are a threat to globalization and free trade agreements engaged by some African countries. Social implications The continuous rise in COVID-19 cases is expected to trigger economic recession in Africa despite a rapid expansion and creation of new social protection programmes. The unavoidable decline in trade caused by COVID-19 is already having painful consequences on the economy, social anxiety among families, households, businesses and trade across countries in the continent. COVID-19 trade restrictions aimed at reducing the transmission of the virus have led to loss of income and jobs as well as closure of small and vulnerable businesses. Policymakers should enforce social policies that unite countries within the continents in bad times to reduce social anxiety and hardship. Originality/value Although the effects of COVID-19 outbreak on global and regional trade have received enormous attention recently, facts in the form of data have been thin particularly on African trade. This paper, to the best of the authors’ knowledge, is one of the first set of studies that provides preliminary assessment of COVID-19’s effects on trade in Africa using scenarios-building approach based on the available data and information on regional trade, complemented by those from the WTO, WB and departments of trade and statistics from various African countries such as the Nigeria Nation Bureau of Statistic and Kenyan National Bureau of Statistics.
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« Tariff-Based Disputes Continue to Characterize Trump Administration Trade Policies ». American Journal of International Law 112, no 4 (octobre 2018) : 751–59. http://dx.doi.org/10.1017/ajil.2018.93.
Texte intégralRésumé :
Over the summer of 2018, trade relations between the United States and many of its trading partners continued to be marked by tensions. The United States and China ratcheted up their use of tariffs against each other. The United States both received and initiated requests for consultation with various countries at the World Trade Organization (WTO) related to its earlier steel and aluminum tariffs and to tariffs imposed in response by other countries. President Trump has continued to pursue the possibility of further tariffs, including with respect to automobile and uranium imports. The United States also escalated trade tensions with Turkey through various measures, explicitly linking some of these measures to Turkey's detainment of an American pastor. Despite the broader theme of tensions, negotiations have proved productive between the United States and two of its major trading partners—the European Union and Mexico—paving a way for future settlements. With the European Union, the Trump administration has reached a tentative understanding and agreed not to impose new tariffs while the parties negotiate toward finalizing this understanding. As to Mexico, in late August 2018 the Trump administration announced that the two countries had reached agreement with respect to many issues underlying their ongoing North American Free Trade Agreement (NAFTA) negotiations.
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Lightbourne, Muriel. « What’s in a Name ? The Journey of Geographical Indications from Paris 1883 to Geneva 2015 ». GRUR International, 15 mai 2021. http://dx.doi.org/10.1093/grurint/ikab050.
Texte intégralRésumé :
Abstract While the negotiations on geographical indications within the World Trade Organization have been stalled since their inception in 1996, many new developments resulting from bilateral or regional endeavours may be observed in this field. The present article will first briefly retrace the evolution of the concept and recall the different entrenched positions within the World Trade Organization (WTO). It will then show the impact of WTO Dispute Settlement Body (DSB) reports on the European Union system and discuss the recent bilateral agreements between China and the European Union on one side, and the United States of America on the other. It will also look at the entry into force of the Geneva Act of the Lisbon Agreement on appellations of origin and geographical indications. Whether the latter will manage to bridge the divide between the countries that promote the sui generis model of protection of indications of origin and common law jurisdictions remains to be seen, as does the outcome of the discussions on geographical indications and place names within the Internet Corporation for Assigned Names and Numbers.