LSN: Trade Law (Topic)最新文献_第5页

Equalisation Levy – Applicability of Non-Discrimination Rules in International Agreements 平等征费-国际协定中不歧视规则的适用性

LSN: Trade Law (Topic) Pub Date : 2016-07-08 DOI: 10.2139/ssrn.2815109

Ganesh Rajgopalan

引用次数: 1

Development of Rule-Based Investment Protection Provisions in Mega-FTAs: A Manifestation or a Negation from Customary International Law Principles? 大型自由贸易协定中基于规则的投资保护条款的发展:习惯国际法原则的体现还是否定?

LSN: Trade Law (Topic) Pub Date : 2016-06-29 DOI: 10.2139/SSRN.2801917

Prapanpong Khumon

{"title":"Development of Rule-Based Investment Protection Provisions in Mega-FTAs: A Manifestation or a Negation from Customary International Law Principles?","authors":"Prapanpong Khumon","doi":"10.2139/SSRN.2801917","DOIUrl":"https://doi.org/10.2139/SSRN.2801917","url":null,"abstract":"Customary international law affirms the obligation of the host state to protect foreign investors by according the minimum standard of treatment of foreign investors. These become well-established principles of fair and equitable treatment and full protection and security in foreign investment law. Led by the North American Free Trade Agreement (NAFTA), investment protection provisions are heavily negotiated in modern FTAs. The jurisprudence of investment protection in early FTAs, namely NAFTA, relied on principles of customary international law as the texts of agreements did not contain definitions or exemplification to the principles. A number of mega-FTAs, including the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership (TTIP) bring about changes in the minimum standard of treatment of foreign investors. In contrast to a principle-led approach, the minimum standard of treatment terms are more clearly defined in recent mega-FTAs. The fair and equitable treatment term in the TPP, for example, includes the obligation not to deny justice in criminal, civil or administrative adjudicatory proceedings in accordance with the principle of due process embodied in the principal legal systems of the world. The proposed TTIP provides that a breach of the fair and equitable include a targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief. The paper proposes that there has clearly been a shift in the minimum standard of treatment clause from the principle-based approach to the rule-based approach in recent mega-FTAs. On the one hand, the rule-based provisions in the new mega-FTAs could limit the scope of ordinary principles of customary international law and negate from a long-held jurisprudence in foreign investment law. On the other, the rule-based provisions could manifest the intention of parties to be bound by obligations provided by agreements and limit the expansive view of tribunals in applying the principle.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"52 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133322204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

WTO Rules Can Prevent Climate Change Mitigation for Agriculture WTO规则可以阻止农业减缓气候变化

LSN: Trade Law (Topic) Pub Date : 2016-06-24 DOI: 10.2139/ssrn.2800011

C. Häberli

{"title":"WTO Rules Can Prevent Climate Change Mitigation for Agriculture","authors":"C. Häberli","doi":"10.2139/ssrn.2800011","DOIUrl":"https://doi.org/10.2139/ssrn.2800011","url":null,"abstract":"This paper asks how countries can implement their commitments to limit the increase in the global average temperature under the recent Paris Agreement on Climate Change for agriculture. An initial examination of the relevant trade rules and case law indicates that they appear unable to legally secure the necessary differentiation of products and services according to their climate footprint. Indeed, the main purpose of the multilateral trade rules framework is to combat discrimination. This compatibility issue is compounded by the development dimension: while poor developing countries and poor farmers have always been and remain the least significant greenhouse gas emitters in absolute terms, they are among the most severely affected by, and the least resilient to climate change. This means that their food security is perhaps the gravest equity issue in the whole climate change discussion. Climate change therefore appears as a new, major and highly complex cause of (additional) food insecurity. The paper finds that contrary to the official discourse of ‘mutual supportiveness’ between trade and environment agreements, WTO rules and commitments can actually prevent climate action, for agriculture generally as well as with specific solutions for the development dimension. ‘Paris’ thus requires a comprehensive, careful and urgent review of the relevant agricultural trade and investment rules – and a number of adjustments commensurate with the multiple challenges of global warming.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132185714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Behavioural International Trade Law 行为国际贸易法

LSN: Trade Law (Topic) Pub Date : 2016-06-23 DOI: 10.2139/ssrn.2799528

G. Dimitropoulos

引用次数: 0

The Gang that Couldn't Shoot Straight: The Not so Magnificent Seven of the WTO Appellate Body 不能直接射击的团伙:WTO上诉机构中不那么华丽的七人

LSN: Trade Law (Topic) Pub Date : 2016-06-01 DOI: 10.2139/SSRN.2849008

P. Mavroidis

引用次数: 1

Quantifying Services-Trade Liberalization: The Impact of Binding Commitments 量化服务贸易自由化:约束性承诺的影响

LSN: Trade Law (Topic) Pub Date : 2016-06-01 DOI: 10.2139/ssrn.2730265

Dan Ciuriak, Dmitry Lysenko

{"title":"Quantifying Services-Trade Liberalization: The Impact of Binding Commitments","authors":"Dan Ciuriak, Dmitry Lysenko","doi":"10.2139/ssrn.2730265","DOIUrl":"https://doi.org/10.2139/ssrn.2730265","url":null,"abstract":"It has long been established in theory that uncertainty impacts on firm behaviour. However, the empirical basis for quantifying the uncertainty-reducing effects of trade agreements has not been firmly established. In this paper, we develop estimates of the effect of reducing uncertainty regarding market access on cross-border services trade by making commitments that are bound under a trade agreement. Specifically, we identify the effect of services trade restrictions on cross-border services trade, as measured by the OECD’s Services Trade Restrictiveness Index (STRI), and the separate effect of “water” in countries’ WTO bindings, as assessed by the difference between their commitments under the General Agreement on Trade in Services and their applied level of market access, as captured by their STRI scores. Using a gravity model, we find that services trade responds positively but inelastically to reductions in services trade barriers, as measured by the STRI, and that the response to actual restrictions is about twice as strong as the response to comparable reductions in uncertainty, as measured by water. Responses are highly heterogeneous across services sectors. We suggest how these results can be used provisionally to quantitatively assess the impact of trade agreements in CGE modelling frameworks, taking into account not only actual liberalization of market access terms and conditions, but also the extent of binding of those commitments.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129612961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Экономические Выгоды, Издержки и Риски Для России От Торгово-Экономических Союзов Стран Снг Со Стра-Нами Европы и Сша (Economic Benefits, Costs and Risks for Russia on Trade and Economic Alliances with Countries of CIS, Europe and the USA Contact)

LSN: Trade Law (Topic) Pub Date : 2016-05-18 DOI: 10.2139/SSRN.2812159

Alexander Knobel, M. Kazaryan, D. Kuznetsov, V. Sedalishchev, Alexander Firanchuk

{"title":"Экономические Выгоды, Издержки и Риски Для России От Торгово-Экономических Союзов Стран Снг Со Стра-Нами Европы и Сша (Economic Benefits, Costs and Risks for Russia on Trade and Economic Alliances with Countries of CIS, Europe and the USA Contact)","authors":"Alexander Knobel, M. Kazaryan, D. Kuznetsov, V. Sedalishchev, Alexander Firanchuk","doi":"10.2139/SSRN.2812159","DOIUrl":"https://doi.org/10.2139/SSRN.2812159","url":null,"abstract":"The analysis of the agreement on free trade area between Ukraine and the EU and an assessment of the signing of this agreement and the political situation around him will affect the GDP of Russia, Ukraine and the EU, trade flows between the two countries and discussed the risks of termination of cooperation for the individual enterprises of Ukraine and Russia. On the basis of the general equilibrium model, the authors consider the implications for different scenarios of further development of trade relations between Russia and Ukraine. The first scenario is the implementation of the trade agreement on association, namely the zeroing reciprocal duties between the EU and Ukraine. The second scenario is the introduction of CCT EAEC countries in relation to imports from Ukraine, without consideration of the implementation of the commercial part of the association agreement. The third scenario is considering a complete cessation of mutual trade through the introduction of protective (in magnitude) of mutual non-tariff barriers Russia and Ukraine.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132241087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Trans-Pacific Partnership: Is it Everything We Feared for Health? 跨太平洋伙伴关系:它是我们对健康的一切担忧吗?

LSN: Trade Law (Topic) Pub Date : 2016-04-17 DOI: 10.15171/ijhpm.2016.41

R. Labonté, Ashley Schram, Arne Ruckert

{"title":"The Trans-Pacific Partnership: Is it Everything We Feared for Health?","authors":"R. Labonté, Ashley Schram, Arne Ruckert","doi":"10.15171/ijhpm.2016.41","DOIUrl":"https://doi.org/10.15171/ijhpm.2016.41","url":null,"abstract":"BACKGROUND\u0000Negotiations surrounding the Trans-Pacific Partnership (TPP) trade and investment agreement have recently concluded. Although trade and investment agreements, part of a broader shift to global economic integration, have been argued to be vital to improved economic growth, health, and general welfare, these agreements have increasingly come under scrutiny for their direct and indirect health impacts.\u0000\u0000\u0000METHODS\u0000We conducted a prospective health impact analysis to identify and assess a selected array of potential health risks of the TPP. We adapted the standard protocol for Health impact assessments (HIAs) (screening, scoping, and appraisal) to our aim of assessing potential health risks of trade and investment policy, and selected a health impact review methodology. This methodology is used to create a summary estimation of the most significant impacts on health of a broad policy or cluster of policies, such as a comprehensive trade and investment agreement.\u0000\u0000\u0000RESULTS\u0000Our analysis shows that there are a number of potentially serious health risks associated with the TPP, and details a range of policy implications for the health sector. Of particular focus are the potential implications of changes to intellectual property rights (IPRs), sanitary and phytosanitary measures (SPS), technical barriers to trade (TBT), investor-state dispute settlement (ISDS), and regulatory coherence provisions on a range of issues, including access to medicines and health services, tobacco and alcohol control, diet-related health, and domestic health policy-making.\u0000\u0000\u0000CONCLUSION\u0000We provide a list of policy recommendations to mitigate potential health risks associated with the TPP, and suggest that broad public consultations, including on the health risks of trade and investment agreements, should be part of all trade negotiations.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"141 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131845549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 61

Regulatory Cooperation in the WTO and at the Regional Level: What Is Being Achieved by CETA and TPP? WTO和区域层面的监管合作:CETA和TPP取得了什么成就?

LSN: Trade Law (Topic) Pub Date : 2016-04-01 DOI: 10.2139/SSRN.2768058

Ines Willemyns

{"title":"Regulatory Cooperation in the WTO and at the Regional Level: What Is Being Achieved by CETA and TPP?","authors":"Ines Willemyns","doi":"10.2139/SSRN.2768058","DOIUrl":"https://doi.org/10.2139/SSRN.2768058","url":null,"abstract":"Due to globalisation and their role as enablers in global value chains, services are playing an increasingly important role in international trade. The supply of services around the world provokes an increased vulnerability to certain barriers, created by differing domestic regulation. This increase is caused by the fact that services are being supplied in various countries, at the same time, which obliges the service supplier to adapt to every country’s domestic regulation regarding his specific service. The need for country-specific adaptation to domestic regulation entails significant (sometimes even prohibitive) costs.The fact that services value chains and services-intermediates have grown immensely has implications for the global economy and the trade barriers that need to be addressed. However, the present normative framework for trade does not adequately deal with the issue of regulatory incoherence. This paper compares the approach taken in the General Agreement on Trade in Services (GATS) and contrasts its incompleteness with the new provisions in both the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada and the Trans-Pacific Partnership (TPP). The aim of this paper is to assess whether these two new \"deep-RTAs\" successfully include new disciplines dealing with regulatory incoherence.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125451333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Is The Trans-Pacific Partnership's Investment Chapter The New 'Gold Standard'? 《跨太平洋伙伴关系协定》的投资条款是新的“黄金标准”吗?

LSN: Trade Law (Topic) Pub Date : 2016-03-01 DOI: 10.2139/SSRN.2756145

J. Álvarez

引用次数: 5