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Although free trade law and environmental law especially contained in multi lateral environmental agreements (MEAs) are more or less compatible, however, some twenty MEAs might create a conflicting situation with the GATT/WTO regime. Efforts through CTESS are being made to make the two regimes compatible with each other. But an amicable solution towards harmonizing them still seems to be far. It is said that if all WTO Member states have the political will to agree to one suggestion, the problem can be solved. But due to politicization of the WTO, a common view is difficult to be reached. It is true that all states want protection of the environment. It is evident from the fact that many MEAs have relatively a large number of members, and their member states are sincerely working on enforcing treaty norms contained in them. But when it comes to a conflict situation with international trade, differences among them becomes eminent. In spite of this, an optimistic view that the two regimes can be made complementary to each other is still being given importance. It is for this reason that states are forwarding their suggestions to the CTESS and the discussion is being carried forward on those suggestions. The paper critically examines the reality of ‘conflict or congruity’ between free trade law and environmental law, evaluates various suggestions to make the two regimes compatible with each other, and offers one suggestion that can bring about harmony and will be viable.

The purpose of this paper is to analyze the potential for tariff reduction under the most favored‐nation (MFN) provision of international trade law as it is written, lex lata.

The paper analyzes differences in average tariff rates applied to imports under the MFN provision of international trade law. Two empirical methods are used; an analysis of variance to estimate significant differences in tariff rates between high‐income members and least‐developed members of the World Trade Organization (WTO); and fixed‐effects regression model to determine the effect of national output on the marginal propensity to import (MPM).

The paper finds that there is a significant difference in the margins of import tariffs that are applied to imports by the high income and the least‐developed members and that the MPM is significantly dependent on output for the high‐income members, but not for the least‐developed members.

The findings indicate that international trade law must be developed with the aim of increasing national earnings capacity and not just creating enabling conditions for tariff reduction or the harmonization of municipal law with international trade law. When circumstances change in a fundamental way (rebus sic stantibus), WTO members must be measured in their approach to attain the law that is sought (lex ferenda).

The paper argues that multilateral trade arrangements for tariff reduction and fair trade must integrate enabling conditions with arrangements for earnings capacity to increase national income and reduce tariffs.

One of the most momentous events in Britain's nineteenth-century economic history was the repeal of the Corn Laws and its move toward free trade in 1846. The reasons for this event have fascinated students both of the history of economic thought and of international economics for many generations. Introductory textbooks in both these fields of economics discuss the Corn Laws in connection with David Ricardo's principle of comparative advantage and his plea for free trade, particularly in the commodities consumed by the working class such as “corn” (a commodity that in classical times denoted all types of grain such as wheat, barley, and rye). The puzzling feature of this repeal, that intrigued scholars such as Schonhardt-Bailey and impelled them to search for plausible explanations, is that it appeared to run counter to the economic interests of the class of landowners that controlled Parliament and passed this legislation. Numerous explanations for this apparently paradoxical behavior have been advanced by historians, economists, and political scientists, and this book is the latest in this long and diverse series of accounts.

The lockdown and physical distancing precautions to curtail the increase of COVID-19 in Africa nearly shut down economies across the continent, caused slow trade, and triggered mass poverty. Hence, the need for Africa to be interconnected with the world economy by reforming its legal systems for swift post-COVID-19 economic recovery, to utilise the legal system in addressing socio-economic shocks. The weaknesses in Africa's legal systems in response to socio-economic shocks uncovered a critical threat to humanity, despite efforts, limited resources and strategies put in place. This research adopts a library-based doctrinal legal research technique with a critical review and conceptual approach by relying on the existing literature. The aim is to explore the potency of the existing legal frameworks, such as the African Continental Free Trade Agreement and the Economic Community of West African States Protocol, to combat socio-economic shocks in Africa's Economy. The study carries out a comparative appraisal of the legal system in Ghana, Angola, Kenya, South Africa and Nigeria for useful insights in suggesting conversion of the pandemic to blessings by reforming their legal systems to embrace technologies to guarantee speedy economic recovery strategies. The study proposes a model for speedy economic recovery via legal instruments to support commercial activities. It ends with recommendations such as the reformation of the legal system to mitigate jobs losses and embrace technologies. Adopting alternative dispute resolution mechanisms, strict implementation of African Continental Free Trade Agreement for economic resilience against future economic shocks.

Schonhardt-Bailey's goal is to explain the repeal of the Corn Laws. This case is of obvious substantive importance. Schonhardt-Bailey also identifies a good historical puzzle in the details of trying to explain legislative voting behavior on Repeal. First, politicians seemed to act against their personal economic and political interests when voting for it. Second, they also acted in a puzzling way when justifying their own behavior. Specifically, Schonhardt-Bailey shows that the politicians voted as delegates of their constituents. Intriguingly, these same politicians justified their votes in terms of a trustee theory of representation in which they acted on behalf of the nation in accordance with their personal best judgment. These votes, though not the justifications, would seem to violate the mandates on which many had been elected, since most had personal mandates and were not sent to the Commons as delegates.

This paper addresses issues related to Regional Trade Pacts and GATT. It argues that Regional Trade Pacts are necessary for implementation of GATT and that global free trade is an inevitable and healthy trend. In addition, the paper identifies problems associated with the implementation of GATT and provides prescriptions needed to ensure a successful transformation toward global free trade.

Despite the worldwide stagnation in FDI, interest in Mongolia on the part of foreign investors, especially those from East Asia, North America, has grown over the last few years, mainly in the mining, trade and service sectors. The increase of FDI into Mongolia can be linked with the Mongolian government’s efforts to establish a more favorable external and internal legal environment in order to provide a free and open regime for business, the shifting tendency of world market center from traditional Europe, America to Asia, namely to China, resolving the “big debt” issue between Mongolia and Russian Federation which open new favorable opportunities for intensification of foreign investment inflows, increased domestic private savings and lastly Mongolia’s GDP steady growth rate during last years. The purpose of this paper is to review FDI inflows into Mongolia, detailing the sectors benefiting from this investment and the countries where it originates, based on information gathered in the period up to 2005.

The purpose of this paper is to use the experience of pollution in the Imperial and Baja California Valleys under NAFTA, as a cautionary model to provide recommendations for deterrence of similar ecological degradation effects that could emerge under the newly‐approved CAFTA.

Analysis of the region using existing statistical data and content analysis of qualitative data from the Imperial and Baja California Valleys, and Costa Rica.

Economics and ecology have thus far not proved to have a complementary relationship, based on the NAFTA experience in the Imperial and Baja California Valleys. Early data on environmental law suits in the CAFTA region against environmental regulations also point to a negative attitude by business to environmental protections of nation‐states. CAFTA's investment rules puts corporate rights over ecosystems by limiting public regulation and granting legal avenues to corporations to sue governments for “barriers to trade”, where national environmental laws are seen as these so‐called “barriers to trade”.

CAFTA was promulgated in 2005, but only put into effect, January 1, 2006. Thus, as more data emerges about its impacts, additional and more definitive studies can be undertaken.

Looking at the possible environmental effects of CAFTA and NAFTA provides the international community a chance to consider early remediation and prevention measures for the environmental sustainability of the CAFTA region within the context of this large economic market.

This is a fresh and early look at a newly‐installed international trade policy, and its value to scholars and practitioners lies in its cautionary guidance for the future of CAFTA. These arguments are based on experience with other, more longer‐lived, trade policies like NAFTA.

One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown’s proposal to establish an institute for assessing WTO commitments to improve member states’ remit to detect, challenge and deter noncompliance.

This paper is based on Jutta Brunnée and Stephen Toope’s Interactional Theory of International Law.

There is a strong link between transparency and enforcement in WTO law. The efficacy of the WTO law depends not only on its role in adjudication, but also on facilitating interactional legal practices, within and outside the WTO.

This paper offers an original analysis of the practices of compliance with WTO obligations and illuminates a new proposal for improving compliance. To attract and maintain compliance, the WTO needs to facilitate transparent interactional legal practices for states and non-state actors.