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21 – 30 of over 51000This article examines the framework of the Agreement for Sanitary and Phytosanitary Measures (SPS Agreement) and assesses its impacts on domestic autonomy and authority in matters…
Abstract
This article examines the framework of the Agreement for Sanitary and Phytosanitary Measures (SPS Agreement) and assesses its impacts on domestic autonomy and authority in matters of food and environmental safety. The direct impact of the SPS Agreement appears quite limited, as only a few cases have arisen. The Agreement has not proven to be a pervasive tool for the purpose of overturning domestic policies on food or environmental safety, despite the fact that the WTO Panel or Appellate Body decisions have found that domestic measures violate the terms of the SPS Agreement. Limited enforcement mechanisms provide protection for domestic policies, though perhaps at the price of trade sanctions. Moreover, theoretical literature suggests that the SPS Agreement may indeed enhance democratic values by discounting the influence of special interests and retaining ultimate authority for enforcement within the discretion of domestic government. Important issues nevertheless remain, including the role of the precautionary principle in policymaking and the means to address normative values, such as developing moral consensus on animal welfare, in trade matters. Trade has proven to be a catalyst for change and cooperative development in this context.
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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Andrew G. Brown and Robert M. Stern
We first discuss what fairness may mean in the context of the dispute settlement process, noting the crucial relation between fairness in dispute settlement and the functioning of…
Abstract
We first discuss what fairness may mean in the context of the dispute settlement process, noting the crucial relation between fairness in dispute settlement and the functioning of the trading system as a whole. We explore this relation further through an analysis of three main groups of dispute settlement cases. These are cases that turn around the question of defining fair competition; cases that arise from the use of contingency measures; and cases that draw the boundaries between domestic regulatory measures and the trade-related norms and rules of the WTO. There follows an analysis of experience with compliance and with the use of countermeasures in various cases. Finally, taking together the rulings of the Dispute Settlement Body and the procedures for compliance and the use of countermeasures, we conclude that while the present dispute settlement process serves to protect the fairness of the trading system as a whole, there are some aspects of dispute settlement that remain problematic from the standpoint of fairness.
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Ming Gao and Fanchao Zhuo
Based on the research of free trade agreements on alleviating service trade policy heterogeneity and its impact on manufacturing exports, this article aims to not only provide a…
Abstract
Purpose
Based on the research of free trade agreements on alleviating service trade policy heterogeneity and its impact on manufacturing exports, this article aims to not only provide a basis for China's strategy of promoting regional economic integration, but also provide a policy reference for the manufacturing industry to expand the export market space.
Design/methodology/approach
This study uses the two principles of “answering” and “scoring” to quantify the indicators of service trade policy heterogeneity to test the relationship between heterogeneity of service trade policy, free trade agreement and manufacturing export.
Findings
According to empirical study, the export of Chinese manufacturing firms is severely hampered by the variety of service trade regulations, and the bigger the enterprise, the more hampered it is. In comparison to communications, transport and commerce, the financial industry's policy heterogeneity has a greater negative impact on certain industries. The major methods used to reduce the impact of service trade policy heterogeneity on manufacturing exports are product price increases and product quantity reductions. Also, by reducing the heterogeneity of service trade regulations and fostering industrial exports, the free trade agreement that China has signed can be quite successful. The open commitment in the area of national treatment, however, can reduce policy heterogeneity and advance manufacturing.
Originality/value
In the area of market access, the effect of export is superior to the open promise. Thus, in order to effectively support the stabilization of international trade, China should actively encourage the negotiation and signing of higher-quality and mutually beneficial free trade agreements.
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The purpose of this paper is to examine the nature of the trading relationship in agricultural goods that the United Kingdom (UK) will have when it leaves the European Union (EU)…
Abstract
Purpose
The purpose of this paper is to examine the nature of the trading relationship in agricultural goods that the United Kingdom (UK) will have when it leaves the European Union (EU). The decision of the UK to leave the EU has raised many questions, including some on the nature of the trading relationship that the UK will have with the EU and third countries once it leaves the EU.
Design/methodology/approach
For agriculture, the UK will need to develop its own agricultural policy as it will no longer be subject to the Common Agricultural Policy and one constraint on the development of that policy will be the Agreement on Agriculture concluded at the end of the Uruguay Round negotiations.
Findings
This paper examines the three pillars of that Agreement – market access, domestic support and export competition – to determine the commitments that the UK may make in each pillar and then looks at two other relevant agreements, the SPS Agreement and the TBT Agreement, to complete the discussion of the scope of the UK nascent agricultural policy.
Originality/value
The value of the paper lies in the discussion of the obligations to be assumed by the UK under the Agreement on Agriculture and the contours of UK agricultural policy once it leaves the EU.
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This paper provides an analysis of the fragmented sphere of international agreements on public procurement law in the European Union. After a comprehensive review of the most…
Abstract
This paper provides an analysis of the fragmented sphere of international agreements on public procurement law in the European Union. After a comprehensive review of the most important European Communities agreements on public procurement, this paper describes how these agreements can be subdivided within certain categories and certain types and how this categorisation and typification is vital with regard to the legal effect of a particular agreement. In this regard, it is argued that EC agreements on public procurement (including the World Trade Organization Agreement on Government Procurement) are, in principle, capable of direct applicability. Thus, disappointed bidders are - from an EU perspective -, in general, able to invoke the provisions of such EC agreements before national courts and authorities, based upon the non-discrimination principles incorporated in such agreements.
This article highlights the main principles and provisions contained in the WTO’s product quality related agreements, i.e. the Agreement on Technical Barriers to Trade (TBT) and…
Abstract
This article highlights the main principles and provisions contained in the WTO’s product quality related agreements, i.e. the Agreement on Technical Barriers to Trade (TBT) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) which apply, to a large extent, to quality concepts and practices in relation to the design, production, packaging, transportation and distribution of goods in international trade (exports and imports) such as standards, technical regulations (mandatory standards) and quality assurance procedures (testing, inspection, certification, accreditation). From this angle, quality professionals should be aware of the main principles and provisions embodied in the agreements so that their decisions and advice provided are consistent with the international trade rules which govern world trade and facilitate the accessibility of products to international markets.
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The regulatory reach of the international trade regime beyond its own boundaries is attracting increasing scholarly and political attention as the World Trade Organization (WTO…
Abstract
Purpose
The regulatory reach of the international trade regime beyond its own boundaries is attracting increasing scholarly and political attention as the World Trade Organization (WTO) is expected to reconcile free trade with concerns related to public health, environmental and labour issues or intellectual property rights. This paper aims to investigate to what extent and why the degree of legalization of non‐trade concerns in the WTO varies across issue areas.
Design/methodology/approach
The paper first assesses the degree of legalization (in terms of obligation, delegation and precision) for technical (phyto) sanitary, environmental, intellectual property and labour standards. It then adopts a neoliberal institutionalist perspective to account for the uneven legalization across issue areas.
Findings
The paper shows that legalization is strong for intellectual property rights, moderate for public health and environmental matters and weak for labour issues. It is argued that legalization is uneven because of members' (divergent) preferences regarding the regulation of non‐trade concerns and because of certain institutional aspects of the WTO.
Originality/value
The paper shows that it cannot be assumed that the WTO is a highly legalized trade regime, implying an even legalization across issue areas. It hopes to contribute to three strands in international relations literature: standard setting, legalization and “regime complexity”, a debate which deals with the interaction between partially overlapping, not hierarchically ordered international regimes.
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This article assesses the impact of Cyprus' agreement of association on the development and maintenance of trade with the EEC and Britain. It begins with a description of Cyprus'…
Abstract
This article assesses the impact of Cyprus' agreement of association on the development and maintenance of trade with the EEC and Britain. It begins with a description of Cyprus' economic and trading structure and the agreement of association. The analysis is carried out by examining the growth rates of trade to and from the EEC and Britain at an aggregate and disaggregated level. Comparisons are made between these and those for other Mediterranean and less‐developed countries. Ex‐post income elasticities are also examined in a similar way. The study concludes that the agreement hindered the development of trade between the EEC and Cyprus.
The purpose of this paper is to show how the pattern of trade relations between the USA and African countries is gradually shifting toward reciprocity. It therefore demonstrates…
Abstract
Purpose
The purpose of this paper is to show how the pattern of trade relations between the USA and African countries is gradually shifting toward reciprocity. It therefore demonstrates that the African Growth and Opportunity Act (AGOA) was conceived to be a building block toward future bilateral trade agreements.
Design/methodology/approach
This paper adopts a historical approach to the USA’s policy toward Africa in general and in trade matters in particular. It critically reviews the chronology of US involvement in the continent.
Findings
Although it was designed as a preferential trade arrangement, AGOA was intended to evolve into reciprocal trade agreements. This is what the USA started doing even prior to the entry into force of the AGOA, by entering into Trade and Investment Framework Agreements with individual countries or blocs. It also transpires that the deployment comes as a response to the European Union which is already engaged in the redefinition of its own trade relations with Africa since 2004.
Originality/value
The paper is important in many respects. Not only it is a study of the US practice as preference-granting country, but it is also interested in the typology of trade agreements concluded by the USA in other regions of the world. This is important to indicate and analyze the types of provisions African countries should be expected to face when the time of entering into reciprocal binding trade treaties arrives.
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