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Article
Publication date: 29 March 2011

Bashar H. Malkawi

The purpose of this paper is to analyze the different kinds of rules of origin included in the US‐Arab countries free trade agreements (FTAs), and suggest reform measures that…

1231

Abstract

Purpose

The purpose of this paper is to analyze the different kinds of rules of origin included in the US‐Arab countries free trade agreements (FTAs), and suggest reform measures that should be adopted to ease the complexity and costs of rules of origin in these agreements.

Design/methodology/approach

The paper begins with a brief discussion of the concept of free trade, GATT/WTO, and the recently concluded FTAs between the USA and Arab countries. Then, the article analyzes in details rules of origin in the US‐Arab countries FTAs. The analysis includes, among other things, substantial transformation and value‐added tests, product‐specific processes, and other relevant rules of origin. The paper also addresses the documentations and procedures required to prove origin and the costs involved. Finally, the paper offers a set of conclusions and recommendations.

Findings

The paper argues that rules of origin in these FTAs are complex and protectionist and indeed could act barriers to trade. The paper suggests reforming these rules by liberalizing rules of origin for certain products that are subject to very low tariff rates, and implementation of – among other things, full cumulation and de minimis rules of origin.

Originality/value

The findings in the paper are important to policymakers, and any person interested in understanding the effects of rules of origin in trade agreements. It is hoped that the paper will assist officials in Arab countries who contemplate negotiating FTAs by providing them with insightful analysis of rules of origin in existing agreements.

Details

Journal of International Trade Law and Policy, vol. 10 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 20 December 2022

Jitsuya Hasegawa

The purpose of this paper is to analyze the evolution of the rules of origin (RoO) of Regional Comprehensive Economic Partnership (RCEP).

Abstract

Purpose

The purpose of this paper is to analyze the evolution of the rules of origin (RoO) of Regional Comprehensive Economic Partnership (RCEP).

Design/methodology/approach

This analysis is done by comparing them with those of existing FTAs/EPAs of ASEAN with other RCEP member countries, and also examining the impact of recent mega-FTAs/EPAs, such as TPP11 and Japan-EU EPA, in which some of the member countries participated.

Findings

RCEP holds great significance in that it connects Japan and China and Japan and South Korea, which previously have not had any EPAs/FTAs, transforms this massive economic sphere from one with minutely divided and differing RoO under ASEAN plus FTAs to one that is seamlessly connected with those of having evolved into the unified RoO under RCEP, and realizes ideal production networks in Asia.

Originality/value

This paper makes it clear that RCEP, while based on ASEAN plus FTAs, reflects progressive provisions of recent mega-FTAs/EPAs, and adopts simpler and more systematic rules. These provisions limit the distortive effect on trade, realize ideal production networks in Asia, and are appropriate as uniform RoO connecting networks across this massive economic sphere. It also points out that there are provisions that have not been introduced and those that are considered to have been incomplete as a result of negotiations, and the possibility of evolving into more ideal RoO by utilizing the system for revisions established under the agreement.

Details

Journal of Economic and Administrative Sciences, vol. 40 no. 1
Type: Research Article
ISSN: 1026-4116

Keywords

Article
Publication date: 25 April 2019

Roberto Soprano

The purpose of this paper is to highlight the pros and cons of different models of the European Union (EU)-style Rules of Origin (RoO) that could be chosen by negotiators for a…

Abstract

Purpose

The purpose of this paper is to highlight the pros and cons of different models of the European Union (EU)-style Rules of Origin (RoO) that could be chosen by negotiators for a future UK–EU Free Trade Agreement (FTA). It will also underline the impact that any choice would have on economic operators and certain criteria that should be evaluated before taking any decisions on the adoption of RoO.

Design/methodology/approach

The paper will describe three different RoO models that could be chosen by negotiators. For each of them, it analyses the pros and cons and the impact on economic operators.

Findings

The choice of a RoO would have an impact on future EU–UK trade relations. It will affect the utilization rate of the FTA as well as investment (and divestment) corporate strategies in the UK and EU.

Originality/value

The paper introduces different criteria to evaluate the impact of RoO that should be taken into consideration by negotiators. It emphasizes that RoO should be simple, predictable, coherent, IT compatible and easily adaptable.

Details

Journal of International Trade Law and Policy, vol. 18 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 10 April 2013

Rachel English

Many studies have been carried on the effect of trade preferences, in particular from the viewpoint of lesser developed countries. There has been little focus on the importer, who…

Abstract

Many studies have been carried on the effect of trade preferences, in particular from the viewpoint of lesser developed countries. There has been little focus on the importer, who has to consider their business strategy and the risk of non-compliance of legislation before obtaining preferences. One of the main issues is compliance with the country of origin rule by an importer wishing to access preferential tariffs. The chapter provides an insight into the issues facing importers and considers whether the preferences are being used to their full potential. It raises the question: Are importers choosing not to use the reduction of import tariffs in relation to preference due to its complexity? This study was carried out to highlight importers’ issues by interviewing senior management of eight European companies in relation to their approach to generalised system of preference (GSP). The results provide an interesting evaluation of the importers’ many dilemmas when choosing to use trade preferences.

Article
Publication date: 7 March 2016

Young-Han Kim and Eui-Hyun Ha

Rules of origin (ROOs) are often cited as major trade barriers even after tariff barriers are removed with the formation of preferential trade agreement (PTA) as shown in a survey…

Abstract

Purpose

Rules of origin (ROOs) are often cited as major trade barriers even after tariff barriers are removed with the formation of preferential trade agreement (PTA) as shown in a survey result that a large number South Korean firms in the textile industry give up utilizing tariff-free exports to the USA after the bilateral Free Trade Agreement (FTA) due to ROOs. The purpose of this paper is to examine the impact of ROOs on the equilibrium FTA regime and the welfare effects.

Design/methodology/approach

The authors determine the impact of ROOs on the equilibrium FTA regime based on an oligopolistic model where there are asymmetry in production technologies of intermediate goods and the capacity of outsourcing intermediate goods.

Findings

The authors demonstrate that ROOs are used as a protective trade policy against the FTA member country with an outsourcing option for technologically dominant intermediate goods.

Practical implications

The non-cooperative features of ROOs found in this paper necessitates the introduction of an international coordination mechanism to avoid the prisoners’ dilemma-type implementation of ROOs.

Originality/value

This paper provides a theoretical frame to analyze the protective effects of ROOs under PTAs.

Open Access
Article
Publication date: 30 April 2014

Hyo-young Lee

One of the important goals of trade facilitation is to lower the costs of trade that serve as a barrier to the developing countries from enjoying the benefits of increased trade…

Abstract

One of the important goals of trade facilitation is to lower the costs of trade that serve as a barrier to the developing countries from enjoying the benefits of increased trade and becoming integrated into global supply chains that account for nearly 60 percent of global trade today. The high trade costs that are plaguing most developing countries is mainly incurred from the lack of adequate trade-related infrastructure and low quality of institutions that hinder the efficient flow of goods across and within borders. Therefore, the trade facilitation rules that are contained in FTAs among bilateral trading partners are inevitably aimed at deepening their participation in the global value chain network. However, an observation of the FTAs concluded by Korea and the trade facilitation rules contained therein shows that the current trade facilitation rules in bilateral FTAs may be of little practical use for countries that lack the capacity to be involved in the international production activities in the first place. From the development perspective, the current WTO negotiations on trade facilitation which take full account of the special and differential treatment needs of the less developed country members appear more likely to contribute to providing the trading environment that is free from the barriers to trade that have inhibited the less developed countries from integration into the global supply chains and the benefits thereof.

Details

Journal of International Logistics and Trade, vol. 12 no. 1
Type: Research Article
ISSN: 1738-2122

Keywords

Article
Publication date: 9 June 2020

Aruneema Mahabir, Jingwen Fan and Robert Mullings

At the heart of the African Growth and Opportunity Act (AGOA) are substantial trade preferences, which coupled with the Generalised System of Preferences (GSP) grant a wide range…

Abstract

Purpose

At the heart of the African Growth and Opportunity Act (AGOA) are substantial trade preferences, which coupled with the Generalised System of Preferences (GSP) grant a wide range of goods produced in qualified African countries duty-free access to the USA. To be AGOA-eligible, countries are assessed annually on their progress in undertaking appropriate economic, institutional and human rights reforms. This paper seeks to cover new grounds by exploring whether exports of apparel to US crowds out EU-15's imports from Africa.

Design/methodology/approach

This paper employs the gravity model to gauge trade displacement effects from the EU to the US due to AGOA, and whether the more relaxed special waiver embodied in AGOA's apparel provision causes non-knitted exports to EU-15 to be crowded out. The basic gravity model, which posits that trade between two countries is positively influenced by the economic size and negatively affected by the distance between them, is augmented with other trade inhibiting and trade facilitating variables.

Findings

The gravity model provides no evidence of trade displacement but, instead, provides support for the hypothesis of complementarity of African exports to the two key markets. A strong positive impact of the bilateral trade between the US and Africa on the EU–African trade is evident mainly before the phasing out of the Agreement on Textiles and Clothing (ATC). This paper finds that Special Rule beneficiaries' exports to the two markets still complement each other, but for every percentage increase in exports to the USA, there is a less than proportionate increase in exports to EU-15 indicating a higher utilisation of the special waiver. This paper also provides evidence for complementary apparel exports to both LDCs (least developing countries) and non-LDCs, with stronger effects on non-LDCs and the non-knitted sector.

Research limitations/implications

Future work could consider the longer lifespan of AGOA following its latest renewal in 2015. This would allow one to also capture the ongoing changes in EU trade arrangements in particular implementation of Economic Partnership Agreements (EPAs). This new agreement comes with more flexible rules of origin requiring single transformation step instead of the double step. As most African nations are still in the process of adopting EPAs, new research can shed more light on complementary or displacement effects once these agreements are adopted.

Originality/value

Since the main intent of AGOA is to enhance Africa's integration into the global economy by encouraging trade and investment, generate employment and increase productivity and per capita income growth, its impact on Special Rule beneficiaries' exports to the US has been extensively examined. However, the indirect effects of this trade agreement on African exports to other key markets providing similar preferences such as the EU has not been fully explored. This study also covers new grounds by examining whether there has been any apparel trade displacement from the EU to the US, as a result of the Act, over 2001–2016 period right from AGOA's inception.

Details

Journal of Economic Studies, vol. 47 no. 5
Type: Research Article
ISSN: 0144-3585

Keywords

Article
Publication date: 17 June 2005

Belay Seyoum

Exports help developing countries to expand their production, promote industrialization and accelerate their economic growth. They played an important part in the economic…

Abstract

Exports help developing countries to expand their production, promote industrialization and accelerate their economic growth. They played an important part in the economic transformation of Southeast Asian countries. The Generalized System of Preferences (GSP) is one of the ways in which developing countries can increase their exports to the markets of developed nations. The GSP, a unilateral, non‐reciprocal program agreed under the United Nations provides preferential duty entry to numerous products imported into developed countries by eligible developing countries. The objective of this study is to examine the role of GSP in stimulating exports of developing countries. It also provides a comparative appraisal of the GSP schemes of the United States and Japan. The paper also makes certain recommendations to make GSP schemes more efficient and applicable to particular situations.

Details

Multinational Business Review, vol. 13 no. 2
Type: Research Article
ISSN: 1525-383X

Keywords

Article
Publication date: 1 March 1997

Rebecca Davis

Discusses the origin, the purposes, and the development of the Exclusionary Rule and the good faith exception to the rule with special emphasis on the now defunct HR666…

383

Abstract

Discusses the origin, the purposes, and the development of the Exclusionary Rule and the good faith exception to the rule with special emphasis on the now defunct HR666 (Exclusionary Rule Reform Act, 1995), which would have allowed the admission of evidence not now admissible under the currently recognized exceptions of the rule. Proposes that the judicially created exceptions to the rule have been excessive and suggests that police officers are tempted to violate intentionally the warrant rule, so causing innocent persons to be caught in the net.

Details

Policing: An International Journal of Police Strategies & Management, vol. 20 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 1 April 2000

Irvine Clarke, Margaret Owens and John B. Ford

Country‐oforigin research has frequently found country markings to affect consumer product evaluations, providing country‐oforigin markings a unique opportunity to become an…

4342

Abstract

Country‐oforigin research has frequently found country markings to affect consumer product evaluations, providing country‐oforigin markings a unique opportunity to become an evermore important element in the global strategic mix. However, marketing literature has been delinquent in providing international strategists meaningful aids for obtaining wanted “made in” designations. Therefore, this study provides an examination of the four major legal tests (name, character and use; essence; value added; and article of commerce) which constitute the US marking statutes. Explanations of the tests, with practical examples, are provided to enhance marketing practitioners’ abilities for integrating country‐oforigin markings into overall global strategic design.

Details

International Marketing Review, vol. 17 no. 2
Type: Research Article
ISSN: 0265-1335

Keywords

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