LSN: Enforcement of International Law (Topic)最新文献

Disciplining China's Trade Practices at the WTO: How WTO Complaints Can Help Make China More Market-Oriented 在WTO约束中国的贸易行为:WTO申诉如何帮助中国更加市场化

LSN: Enforcement of International Law (Topic) Pub Date : 2018-09-09 DOI: 10.2139/SSRN.3246579

J. Bacchus, S. Lester, Huan Zhu

{"title":"Disciplining China's Trade Practices at the WTO: How WTO Complaints Can Help Make China More Market-Oriented","authors":"J. Bacchus, S. Lester, Huan Zhu","doi":"10.2139/SSRN.3246579","DOIUrl":"https://doi.org/10.2139/SSRN.3246579","url":null,"abstract":"The Trump administration has argued that the World Trade Organization (WTO) has failed to address China's \"unfair\" trade practices. While it is true that China's economic rise poses a unique challenge to the world trading system, WTO dispute settlement has more potential to address China's practices than the administration believes. If the Trump administration really does want the Chinese economy to be more market-oriented, it should consider making better use of WTO rules by filing more complaints against China. While it is often accused of flouting the rules, China does a reasonably good job of complying with WTO complaints brought against it. \u0000There are a number of policy areas where additional complaints are possible. The U.S. Trade Representative's Office (USTR) has been gathering detailed information on China's practices for years, and should file complaints on this basis, coordinating these efforts with key allies. And for those areas that are not well covered by WTO rules, such as state-owned enterprises, the United States should work with these allies to develop new rules. \u0000So far, the Trump administration has mainly relied on unilateral tariffs to open the Chinese market, but these are likely to hurt Americans, while not having much effect on Chinese trade practices. The multilateral route is a better approach to disciplining these trade practices and making China more market-oriented.","PeriodicalId":348907,"journal":{"name":"LSN: Enforcement of International Law (Topic)","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134450264","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: 24

A Comparative Analysis of International Enforcement Procedures in the Chevron Case 雪佛龙案国际执行程序比较分析

LSN: Enforcement of International Law (Topic) Pub Date : 2018-05-16 DOI: 10.2139/ssrn.3179426

G. Navarro

引用次数: 26

Blockchain, Bitcoin, and VAT in the GCC: The Missing Trader Example 海湾合作委员会中的区块链、比特币和增值税:缺失的交易者例子

LSN: Enforcement of International Law (Topic) Pub Date : 2017-02-16 DOI: 10.2139/SSRN.2919056

R. T. Ainsworth, Musaad Alwohaibi

{"title":"Blockchain, Bitcoin, and VAT in the GCC: The Missing Trader Example","authors":"R. T. Ainsworth, Musaad Alwohaibi","doi":"10.2139/SSRN.2919056","DOIUrl":"https://doi.org/10.2139/SSRN.2919056","url":null,"abstract":"Blockchain is coming to tax administration and will cause fundamental change. This article considers the potential for blockchain technology as it applies to the introduction of a value added tax in the Gulf Cooperation Council. \u0000Blockchain technology disrupts centralized ledgers. Blockchain improves efficiency, security and transparency. Perhaps no centralized ledger system presents more challenges than that of the modern tax administration. The central data storage system of a modern tax authority contains all return, payment, and audit activity for all taxpayers arranged tax-by-tax for three years or longer periods of time. \u0000It is likely that blockchain will come first to jurisdictions like the GCC, where there is no pre-existing tax system to be “disrupted.” This is the familiar technological “leap-frog” effect where jurisdictions without an established infrastructure in place can quickly move to new technologies without needing to pass through the entire development process. This is a common occurrence in African economies. \u0000For those who are attentive to the coming blockchain disruption there are some precursor developments already visible. In the restaurant sector, Quebec mandates encryption of transaction data, requires the monthly submission of a digital summary report, performs AI-base risk analysis on the aggregate data streams to identify fraud patterns, and completes most audits remotely. Rwanda has gone further. It implemented a DICE compliance regime for all businesses, and requires full transactional data transmission daily (not just summary reports submitted monthly). Rwanda performs the same AI-based risk analysis for fraud detection. In addition, Rwanda appears ready to adopt a cross-border DICE system with neighboring Tanzania.","PeriodicalId":348907,"journal":{"name":"LSN: Enforcement of International Law (Topic)","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124636164","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: 11

The Political Economy of Austerity and Human Rights Law 紧缩的政治经济学与人权法

LSN: Enforcement of International Law (Topic) Pub Date : 2015-11-19 DOI: 10.2139/SSRN.2734659

Viljam Engström

引用次数: 4

Counterclaims in International Law 国际法中的反诉

LSN: Enforcement of International Law (Topic) Pub Date : 2014-12-01 DOI: 10.2139/SSRN.2511847

M. Waibel, J. Rylatt

引用次数: 0

EC – Seal Products (TBT Aspects of the Panel and Appellate Body Reports): Seals and Sensibilities EC -密封件产品(TBT方面的专家组和上诉机构报告):密封件和敏感性

LSN: Enforcement of International Law (Topic) Pub Date : 2014-08-20 DOI: 10.2139/SSRN.2487490

Philip I. Levy, D. Regan

引用次数: 1

It Takes Two to Tango: International Financial Regulation and Off-Shore Centres 探戈需要两个人:国际金融监管和离岸中心

LSN: Enforcement of International Law (Topic) Pub Date : 2002-02-01 DOI: 10.2139/ssrn.289541

D. Masciandaro, A. Portolano

{"title":"It Takes Two to Tango: International Financial Regulation and Off-Shore Centres","authors":"D. Masciandaro, A. Portolano","doi":"10.2139/ssrn.289541","DOIUrl":"https://doi.org/10.2139/ssrn.289541","url":null,"abstract":"The paper aims at shedding some light on the dynamics of competition among off-shore centers that attract capitals of illicit origins. The paper takes a relational approach, focusing on the relations established between off-shore centers and criminal organizations, in order to design the optimal international financial regulation. The main problem faced by off-shore countries is one of devising a credible commitment not to behave opportunistically ex post the exchange with criminal organizations. More specifically, off-shore centers need to post a \"hostage\" that increases criminal organizations' trust in the exchange. This result is ensured by a solid reputation as a supplier of criminal financial services and by dependence on revenues generated by money laundering. In a world of bounded rationality, contracts are hopelessly incomplete. Ex post mechanisms of governance of the relations are pivotal. Keeping the quality of regulation constant, off-shore centers that will be able to offer gap filling devices of superior quality will be in an advantageous position. The paper focuses on one of such devices, i.e. an efficient judiciary. The paper derives some implications for devising an international response to the threat posed by such countries. On a battleground where reputation is a fundamental weapon, a per se \"name and shame\" approach may even prove counterproductive. It may in fact increase the transaction specific nature of investments in reputation, thus cementing the commitment of off-shore centers. Names should be named, but only if blacklisting goes hand in hand with other appropriate countermeasures. The paper also argues that, due to the perverse nature of competition among off-shore centers, countermeasures should be aimed at skimming off the most important suppliers, rather than trying to hit in a non discriminating way all countries in the market.","PeriodicalId":348907,"journal":{"name":"LSN: Enforcement of International Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125828690","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: 4