Showing papers on "International trade law published in 2015"

Is the WTO passe

Abstract: The WTO has delivered policy outcomes that are very different from those likely to emerge out of the recent wave of preferential trade agreements (PTAs). Should economists see this as an efficient institutional hand-off, where the WTO has carried trade liberalization as far as it can manage, and is now passing the baton to PTAs to finish the job? This paper surveys a growing economics literature on international trade agreements and argues on this basis that the WTO is not passe. Rather, and subject to some caveats, this survey of research to date suggests that the WTO warrants strong support while a more cautious view of PTAs seems appropriate.

Trade Protectionism in Indonesia: Bad Times and Bad Policy

Abstract: This paper highlights the protectionist shift in Indonesia, and argue that this will harm Indonesia’s economic prospects. Key findings Despite increasing economic challenges, Indonesia is likely to continue raising non-tariff barriers to trade. These protectionist measures are likely to prove counterproductive, raising prices for Indonesian consumers and reducing the competitiveness of Indonesian firms. This trend toward protectionism enjoys broad political support in Jakarta, and is likely to continue under President Jokowi.

Trade cooperation : the purpose, design and effects of preferential trade agreements

Abstract: Index I. Why do countries sign PTAs? II. The design of PTAs III. The effects of PTAs IV. PTAs and the multilateral trading system

Reforming the International Investment Regime: Lessons from International Trade Law

Abstract: International trade law underwent a profound paradigm shift during the 1990’s and into the 21st century as a response to globalization, and to a legitimacy crisis sparked by unresolved structural issues from the General Agreement on Tariffs and Trade (GATT) era and tensions surfacing in GATT case law around ‘trade and’ issues. Investment law today is undergoing a similar legitimacy crisis for similar reasons, particularly with respect to Bilateral Investment Treaties and investor–State arbitration. We argue that investment law is ripe for a similar paradigm shift, away from the dominant view of investment law as a private ordering system to protect capital, with roots in contract law and commercial arbitration, and towards recognition of the fact that investment law today is part of a comprehensive global economic governance system meant to ensure justice and the rule of law in one aspect of international economic relations, the allocation of investment capital. This paradigm shift has normative, structural and doctrinal implications, which we explore, and promises to help restore legitimacy to investment law as it also improves substantive outcomes.

Optimal Environmental Border Adjustments Under the General Agreement on Tariffs and Trade

Abstract: A country’s optimal environmental border policy includes a strategic component that is inconsistent with commitments under the General Agreement on Tariffs and Trade (GATT). We extend the theory to include GATT compliance. Theory supports optimal border adjustments on carbon content that are below the domestic carbon price, because price signals sent through border adjustments encourage consumption of emissions intensive goods in unregulated regions. The theory is supported in our applied numeric simulations. Countries imposing border adjustments at the domestic carbon price will be extracting rents from unregulated regions at the expense of efficient environmental policy and consistency with international trade law.

Addressing climate change under preferential trade agreements: Towards alignment of carbon standards under the Transatlantic Trade and Investment Partnership

Abstract: With its wide coverage of economic spheres and the variety of trade and investment measures currently under negotiation, the Transatlantic Trade and Investment Partnership opens windows of opportunity for advancing action on climate change. We examine possible avenues and international trade law implications for an alignment of carbon-related standards between the EU and the US. We compare EU and US carbon emissions standards for cars and argue that negotiators should strive for a mutual recognition of their equivalence for a transitional period, while pursuing the goal of full harmonization at the level of the highest standards of two parties at some date in the future. This could be a way to balance between economic and environmental interests and harness economic incentives for the benefit of climate.

Advanced Introduction to International Trade Law

Abstract: Contents: 1. Setting the Context 2. Dispute Settlement Under the WTO 3. Tariffs and the Most Favoured Nation Principle 4. Preferential Trade Agreements 5. The National Treatment Principle 6. Antidumping Laws 7. Subsidies, Countervailing Duties and Government Procurement 8. Safeguards and Adjustment Assistance Policies 9. Trade and Agriculture 10. Trade in Services 11. Trade and Investment 12. Trade-related Intellectual Property Rights 13. Trade Policy and Domestic Health and Safety Regulation 14. Trade Policy and the Environment 15. Trade Policy, Labour Standards and Human Rights 16. Trade Policy and Developing Countries Index

Transatlantic Trade and Investment Partnership: international trade law, health systems and public health

Abstract: The London School of Economics and Political Science study Free trade agreements (FTAs) have the declared aim of seeking to increase global trade and promote economic growth. Historically, economic growth has led to improved population health. Yet this link is now weakening, and attention is being focussed on assessing the effect of FTAs on health and the ability of government to mitigate against negative impact. Within this context, this study presents an assessment of the health impact of the proposed FTA between the United States and the European Union.

World Poverty and Food Insecurity

Abstract: The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place on the world's most vulnerable populations.

Natural Trading Partners? A Public Opinion Perspective on Preferential Trade Agreements

Abstract: While global trade talks have been making very little progress in recent years, the number of preferential trade agreements (PTAs) has grown rapidly, and many of these institutions are reaching much deeper into the domestic political arena than traditional multilateral trade liberalization. Various macro-level theoretical arguments have sought to explain this trend. In this chapter, we examine public opinion with respect to key features of the "new regionalism". In particular, we are interested in what characteristics are making countries more (or less) attractive as preferential trading partners from the viewpoint of citizens (voters). We hypothesize that voters in democratic countries tend to favor PTAs with states that are geographically closer, culturally similar, of larger economic size, democratic, and have high environmental and labor rights standards. Using a conjoint experiment with a sample of U.S. respondents we find strong support for most of these arguments.

A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria

Abstract: This research is geared towards giving a critical appraisal and review of the CISG with regards to the prospective effect or advantage it conveys if/when it is wholly integrated into the legal framework of the commercial sectors of African states. Africa is currently the world's trading hub, with a steady influx of foreign governments, corporations and organizations seeking to trade with the continent for economic and also political purposes, it has apparently become an essential and profitable continent. The continent is second to Asia in its largeness and population amongst the world’s seven continents. Nigeria, on the other hand, being one of the countries in Africa is relevant or considered in this discourse as it is popularly referred to as the giant of Africa. It is the most populous country in Africa and its ranked 7th most populous country in the world. But, irrespective of the above Nigerian status, the country still grapples with underdevelopment and poverty, a similar trend which cuts across other African states. The African Union (AU), which is a union that consist of the 54 countries that make up the continent Africa, serves as the political and administrative body that govern the continent. And as one of its objectives, the Union seeks to promote the sustainable advancement of all economic, social and cultural sectors of states through the integration of African economies. But following its past and present economic and commercial policies in Africa, this above objective appears “unattainable”. A similar failure is also been conceived amongst commentators and experts of the September 2000 United Nations Millennium Development Goals for Africa on economic growth and development by the year 2015. Although, one could say this development and growth is being actualized, but it is no doubt that it comes slow and is unstable.This paper proposes how the above objectives can be attainable. In putting forward the propositions of the paper, a critical analysis of the United Nations CISG rules is undertaken as it offers a proper framework for the attainment of the objectives of the continent. Through a study of the CISG tools, the paper establishes the effectiveness or limitation of the CISG in aiding the removal of the prevalent international sale of goods laws that limit and obstruct the growth of the continent.

How Local Discrimination Can Promote Global Public Goods

Abstract: International negotiations struggle to keep pace with global problems like climate change. To fill this gap, local governments increasingly take matters into their own hands. For example, to promote the benefits of clean energy, a local government might give subsidies to renewable energy companies. Since 2001, California has given $2 billion in such subsidies, while states ranging from Minnesota to Kansas and Mississippi have doled out hundreds of millions of dollars each. Cities, such as Austin and Los Angeles, have also gotten into the act, contributing millions to renewable energy firms. To build support for these measures, the local government might condition the subsidy on the recipient’s use of components manufactured in the locality.In 2013, the World Trade Organization (WTO) said these kinds of subsidies are unlawful because they discriminate against foreign products. This Article argues that the decision fails to account for the public goods generated by such programs, and suggests a new way for the WTO to review local subsidy programs that would balance the WTO’s impulse to protect international trade with the valuable global public goods such programs promise. To make the case, I report on the results of an original 50-state survey. I identify 44 state renewable energy programs in 23 states within the United States that violate the WTO’s 2013 decision. I argue that these programs can increase global welfare in the aggregate, notwithstanding their discriminatory nature. They can do so by creating political support at the local level for renewable energy programs that might not otherwise pass. Local governments internalize few of the benefits from providing global public goods, such as reducing greenhouse gas emissions through costly investments in renewable energy technology. Local efforts to address global public goods problems thus have to be linked to a concentrated benefit within the enacting jurisdiction. Protectionist measures that discriminate against foreign products provide this link, mobilizing local economic interests to pass global public goods programs that create benefits in other jurisdictions. Reforming international trade law to allow these linkages is imperative if local governments are to continue to play a role in solving global problems.

The concerns of the shipping industry regarding the application of electronic bills of lading in practice amid technological change

Abstract: .................................................................................................................................... i ACKNOWLEDGEMENTS ........................................................................................................... iv Reported Case Law ..........................................................................................................................x Conventions, Legislations and Rules ........................................................................................... xiv INTRODUCTION TO THE RESEARCH WORK .........................................................................1 A. Introduction to and Justification of the Topic of the Research: ....................................... 1 B. Research Objectives: ........................................................................................................ 5 C. Research Questions: ......................................................................................................... 6 D. Research Methodology: .................................................................................................... 7 E. Limitations: ....................................................................................................................... 8 F. Chapter Breakdown: ......................................................................................................... 9 CHAPTER ONE: ROLE OF BILL OF LADING IN MARITIME TRADE ................................12 1.1 Bill of lading—Definitions: ............................................................................................ 13 1.2 Historical Perspective of the Bill of Lading: .................................................................. 13 1.3 Birthplace of the Bill of Lading: ..................................................................................... 20 1.4 Straight Bill of Lading versus Sea Waybill: ................................................................... 21 1.5 Types of Bill of Lading: ................................................................................................. 24 1.5.1 Straight or “Non-negotiable” Bill of Lading: .......................................................... 25 1.5.2 Order Bill of Lading: ............................................................................................... 27 1.5.3 Blank or Bearer Bill of Lading: ............................................................................... 28 1.5.4 Clean or Claused Bill of Lading: ............................................................................. 28 1.5.5 Through Bill of Lading: ........................................................................................... 30 1.5.6 Feeder/Cover bill of Lading: ................................................................................... 31 1.6 Reasons for Changing Nature of Bill of Lading over Time: .......................................... 32 1.7 Summary of Chapter One: .............................................................................................. 40 CHAPTER TWO: FEATURES AND CHARACTERISTICS OF THE TRADITIONAL BILL OF LADING AND THE NEED FOR ELECTRONIC TRANSACTIONS ..................................42 2.1 Bill of Lading Act as Receipt of Goods: ........................................................................ 44 2.2 Bill of Lading Proves Contractual Obligation: ............................................................... 50

The International Economic Law Framework for Digital Trade

Abstract: This is an attempt at a comprehensive analysis of the international economic law rules relevant for digital trade. At the core of this enquiry are the multilateral rules in the framework of the World Trade Organization (WTO). It examines how they presently regulate digital trade, as well as where they have been challenged by newer technological advancement. The article maps the problematic issues and the proposals for tackling them. As legal adaptation has been protracted under the umbrella of the WTO, states have looked for solutions elsewhere, primarily in a number of bilateral and regional preferential trade agreements (PTAs). The article devotes therefore attention to the evolving body of law in PTAs and assesses its impact. Finally, the article evaluates the process of adaptation of international trade law and addresses broader governance questions of the efficacy of this adaptation and the adequacy of the chosen evolutionary path. It suggests ways in which states can position themselves as regulatory entrepreneurs and ensure that digital trade is not hindered while there is sufficient room for the protection of important public interests.

The Dialectical Relationship of Preferential and Multilateral Trade Agreements

Abstract: Preferentialism and multilateralism are not two independent and succinct avenues in the pur-suit of market access and regulatory policies. They historically build upon each other in a dialectical process, closely related and linked through regulatory bridges and references. They influence and direct each other in various ways. The paper mainly focuses on the evolution of international protection of intellectual property rights and of services. The multilateral regulation of the TRIPS and others derive from years of regulatory experience and high numbers of preferential agreements across the globe. The GATS and others, on the other hand, have entered the pluri- or multilateral stage early. Once regulation has reached the mul-tilateral stage, preferentialism focuses on WTO-plus and -extra commitments. Both areas, however, show close interaction. The principle of MFN ensures that multilateralism and preferentialism do not evolve independently from each other. It produces significant spill-over effects of preferential agreements. Such effects and the need to develop uniform and coherent regulatory standards have led in parallel to a number of preferential, plurilateral and multilateral regulatory initiatives. We submit that the process will eventually encourage the return to multilateralism and negotiations in international fora, in particular the WTO while traditional market access may stay with preferential relations among Nations. Such burden-sharing between different regulatory fora should be reflected in future WTO rules providing the overall backbone of the system.

The Appeal to Science and the Formation of Global Animal Law

Abstract: In 2014, two landmark international legal decisions made a significant contribution to the development of international law on the protection of animals: the report of the Appellate Body of the World Trade Organization (WTO) in EC-Seal Products, and the judgment of the International Court of Justice (ICJ) in Whaling in the Antarctic: Australia v Japan Science plays a significant role in both decisions In EC-Seal Products, the WTO Appellate Body ruled that the European Union’s ban on seal products was justifiable under Article XX(a) of GATT as a matter of public morals, because it was based on European citizens’ moral objections to cruelty in seal hunting – concerns that were validated in part based on reports and evidence from scientific experts In Whaling in the Antarctic, the ICJ ruled that Japan’s whaling programme in the Southern Ocean is not ‘for purposes of scientific research’ within the meaning of the International Convention on the Regulation of Whaling because it is not ‘reasonable’ in relation to its research objectives Both cases, as well as the broader international controversies over whaling and sealing in the context of which they arose, illustrate the persuasive power of the ‘appeal to science’: enlisting scientific objectivity and rigour to underpin the credibility of legal arguments and legal norms But the role of science in both cases, while important, is only auxiliary The questions that the WTO and the ICJ had to resolve were fundamentally legal ones concerning the interpretation of the relevant treaties The cases also implicated more profound questions of policy and ethics at stake in international conflicts over the protection and the exploitation of marine mammals

An analytical review of the united nations commission on international trade law (uncitral) model law

Abstract: National insolvency laws provide treatment and remedy to the issues arising out of the corporate restructuring drives within the jurisdictions of the national laws. This excludes the remedy to the cross-border corporate restructuring exercises especially when there is one or more companies are subjects of foreign laws giving no exclusive authority to any particular country-laws. As a remedy, The United Nations Commission on International Trade Law (UNCITRAL) has come with the Model Law for the cross border mergers & acquisitions exercise. This paper caries out an analytical study of the UNICITRAL Model Law.

Renewable Energy and Trade: Interpreting Against Fragmentation

Abstract: Several disputes relating to renewable energy are underway at the WTO. The Appellate Body has released its first decision in the area, on the feed-in tariff for electricity in the Canadian province of Ontario. The disputes raise once again the issue of the relationship between international trade law and environmental protection. This article outlines and analyzes potential problems in trade law over discriminatory treatment, border adjustments and subsidies. Evolving WTO jurisprudence will be able to resolve many of the difficulties, although the crucial question of the treatment of production and processing methods remains obscure after the Canada-Feed-in Tariff decision. Questions of fundamental theory lie close to the surface of these debates. The recent expansion in the number of international regimes and tribunals highlights the importance of approaches to interpretation in public international law. As countries negotiate new treaties to address the needs of global society, potential conflicts and overlapping provisions are likely to appear. Differences of opinion about the use of external treaties in the WTO dispute settlement system illustrate problems that can be anticipated in several fora. To achieve workable solutions for renewable energy disputes and many others, interpretation should promote the harmonious integration of obligations, in accordance with the intent of negotiators.

Transparency in International Arbitration: Any (Concrete) Need to Codify the Standard?

Abstract: In the last decades, transparency has become a fundamental principle in international adjudication. It is usually defined as including concepts such as public access and disclosure of documents or information. Due to the high impact of the activities of international institutions on civil societies and the growing relevance of individuals as subjects of the International Community, it became evident that there was a need to: 1. make the decision-making processes of international organisations more transparent; 2. increase the accountability of the international institutions towards civil societies; 3. give access to the public to international dispute settlement mechanisms. For the purpose of this article, the third aspect, ie access to the public to international dispute settlement mechanisms, will considered. In particular, even though reference will be made to other international dispute settlement systems, the practice of international investment and commercial arbitral tribunals will be dealt with. The article will then study the role of transparency in international arbitration, highlighting three main challenges. First, the author will consider the difficult relation between transparency and confidentiality in arbitral proceedings. As this issue is extremely delicate in international commercial arbitration, this practice will be the focus of this section of the article. Second, transparency as a tool to reach a higher level of consistency in international arbitration will be discussed. This is a highly topical issue in international arbitration, as shown by the United Nations Commission on International Trade Law (UNCITRAL) negotiations that led to the adoption in 2014 of the Rules on Transparency in Treaty-based Investor-State Arbitration. As a matter of fact, UNCITRAL looked into the issue of amicus curiae briefs provided by the investor’s home State on issue of treaty interpretation, to secure more consistent and harmonised interpretations of standards in investment arbitration. The author will explore whether consistency through transparency is desirable in international arbitration. Third, the paper will deal with the growing tendency to codify standards in international arbitration. This phenomenon is well illustrated by the current negotiations on investment and trade treaties such as the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA) that provide for specific provisions on transparency relating to investor-to-State disputes. The necessity and effectiveness of this codification will be investigated.

The Relations Between International Law and Domestic Courts

Abstract: The interpretation that domestic judges from different jurisdictions have given to international treaties has produced a profuse scholarly debate on the role of domestic courts regarding international law. This debate has generated two main currents. The first and generally accepted current promotes that domestic courts should enforce international rules in domestic litigation, which this study identifies as one of the traditional perspectives of international legal scholarship, or “traditionalism”. The second and less accepted current advocates that domestic courts should refrain from enforcing international rules in domestic litigation, called the rational choice theory approach. Commentary has proposed that it would be not accurate to promote uniform enforceability of all international treaties, as well as the effect of all international treaties at the domestic legal orders. Some international treaties should be enforced by domestic courts, while some others should not. The core question that emerges is: what should be the proper role of domestic courts in relation to international trade law? By expounding the theoretical framework that supports this comparative study on Brazilian and European Union courts’ decisions, Chapter 2 presents this book’s argument that the international trade agreements should not be enforced by domestic courts due to the function and objective of such agreements, as well as the principle of popular sovereignty and democratic self-government in choosing how international trade obligations are discharged domestically.

Intellectual property rights in international investment agreements: striving for coherence in national and international law

Abstract: The investment arbitration launched by Philip Morris Asia (PMA) against Australia in 20111 in relation to Australia's mandatory plain packaging of tobacco products is a recent reminder of the significant protections for intellectual property rights (IPRs) in international investment agreements. Given its focus on trademarks, the Philip Morris dispute provides a useful case study for exploring the relationship between intellectual property and international investment law. The parallel legal challenges brought by various tobacco companies against Australia in the High Court of Australia2 on constitutional grounds and by Ukraine,3 Honduras,4 the Dominican Republic,5 Cuba6 and Indonesia7 against Australia in the World Trade Organization (WTO) also make this a valuable case for demonstrating the fragmenting nature of intellectual property law at the domestic and international levels. That fragmentation poses challenges for international trade and investment law, raising questions concerning the relationship between intellectual property rights conceived at the domestic level with the protections available in international fora. For example, what significance does the High Court's conception of intellectual property under Australian law have for the claims against plain packaging under the Agreement between the Government of Hong Kong and the Government of Australia for the Promotion and Protection of Investments (‘Hong Kong-Australia BIT’)8 and the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)? By using the Philip Morris case study, this chapter aims to explore the complex interaction between intellectual property and international investment agreements (IIAs), meaning bilateral investment treaties (BITs), plurilateral investment treaties such as the Energy Charter Treaty, and preferential trade agreements containing investment provisions. After explaining the background to the Philip Morris dispute in its various forms, we consider the protection of intellectual property as an ‘investment’ under IIAs. We then examine three substantive investment obligations in connection with intellectual property: most-favourednation obligations, expropriation, and so-called ‘umbrella clauses’. This chapter reveals the high degree of uncertainty permeating the relationship between intellectual property and international investment law.

Food as a Matter of Global Governance

Abstract: In this short comment, I examine the debate between Olivier De Schutter, during his tenure as the UN Special Rapporteur on the Right to Food, and the then-Director-General of the WTO, Pascal Lamy. I first explore what global governance means. I conclude by outlining the limits of a global governance perspective and briefly consider how trade law might also be understood in terms of growing and eating, and making and exchanging. And I discuss a bit about gardening. This paper is part of a special issue on Food Security and International Trade Law.