Journal of International Trade Law and Policy最新文献_第5页

China’s NME status at the WTO: analysis of the debate 中国在WTO中的NME地位：争论分析

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2021-02-01 DOI: 10.1108/JITLP-09-2020-0054

M. Hošman

{"title":"China’s NME status at the WTO: analysis of the debate","authors":"M. Hošman","doi":"10.1108/JITLP-09-2020-0054","DOIUrl":"https://doi.org/10.1108/JITLP-09-2020-0054","url":null,"abstract":"Although officially ended in July 2020, China’s dispute about its non-market economy (NME) status at the World Trade Organization (WTO) is far from being resolved. The NME status enables China’s counterparts to disregard Chinese prices in antidumping proceedings and instead use the so-called surrogate country methodology. This paper aims to structure and analyze the complex debate, which emerged with the disputes China has filed against the European Union and the USA at the WTO, and therefore provide a point of reference for future analysis of and debates about China’s NME status.,The analysis is based on the existing academic literature on the topic and on the legal WTO-related documents (e.g. multilateral agreements, China’s Accession Protocol, legal findings of the WTO dispute panels).,Four different interpretations of the respective legal documents about China’s NME status are discussed and strong and weak aspects of these interpretations are pointed out. Also, several misunderstandings and mistakes appearing in the debate are clarified.,As the question of China’s position at the WTO and its NME status has not been resolved yet and some authors believe that China will pursue its case again once the WTO Appellate Body revives its functionality, the analysis of the debate can serve as a point of reference for the academic debate and the future research on this topic. Moreover, it offers an introduction to China’s NME position at the WTO for the newcomers to this topic.,Although China’s NME status has been much discussed, there is no literature review that would structure the debate and point out some of the (dis)advantages of the respective arguments and interpretations. Rather than adding to the large corpus of literature about the NME status, this study takes this corpus as the object of its analysis.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48824577","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: 2

Application of MFN to investment dispute settlement: rule of law issues 最惠国待遇在投资争端解决中的应用:法治问题

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2021-01-27 DOI: 10.1108/JITLP-05-2020-0031

T. Sharmin, E. Laryea

{"title":"Application of MFN to investment dispute settlement: rule of law issues","authors":"T. Sharmin, E. Laryea","doi":"10.1108/JITLP-05-2020-0031","DOIUrl":"https://doi.org/10.1108/JITLP-05-2020-0031","url":null,"abstract":"\u0000Purpose\u0000Over the past two decades, the application of most-favoured-nation (MFN) clauses in international investment agreements (IIAs) to dispute settlement matters has generated controversy. The purpose of this paper is to help resolve some of the controversies by examining the rule of law issues that may arise from such application of MFN.\u0000\u0000\u0000Design/methodology/approach\u0000The study describes controversies regarding the application of MFN to dispute settlement as per the extant literature on the subject. It explores the elements of rule of law in investor-state arbitration. The paper then analyses the implications of applying MFN to dispute settlement matters for the elements of rule of law. Based on such analysis, the study argues that the application of MFN to dispute settlement matters undermines certain elements of rule of law.\u0000\u0000\u0000Findings\u0000The paper has outlined the relevant elements of rule of law in investor-state arbitration as access to dispute settlement; judicial (or tribunal) independence, fairness and impartiality; consistency and predictability of law and decisions; transparency; accountability and subjection of dispute forums and systems to law. It found that the application of MFN undermines various components of rule of law, in particular of consistency and predictability and the requirement of tribunals to adjudicate within the limits of the law.\u0000\u0000\u0000Originality/value\u0000The findings of this study will help future investor-state arbitral tribunals to decide on the application of MFN to dispute settlement matters.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45749907","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

Constructing a tax regime for the regulation of trade in digital content 构建数字内容贸易监管税收制度

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2020-11-11 DOI: 10.1108/jitlp-03-2020-0021

T. Okah-Avae, B. Mukoro

引用次数: 2

China’s blocking mechanism: the unreliable entity list 中国的封锁机制:不可靠实体名单

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Journal of International Trade Law and Policy Pub Date : 2020-11-04 DOI: 10.1108/jitlp-08-2020-0048

Qingxiu Bu

引用次数: 2

Non-tariff barriers removal in the Brazilian coffee industry 巴西咖啡行业非关税壁垒的消除

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2020-10-30 DOI: 10.1108/jitlp-04-2020-0027

Krisley Mendes, André Araújo Luchine

{"title":"Non-tariff barriers removal in the Brazilian coffee industry","authors":"Krisley Mendes, André Araújo Luchine","doi":"10.1108/jitlp-04-2020-0027","DOIUrl":"https://doi.org/10.1108/jitlp-04-2020-0027","url":null,"abstract":"\u0000Purpose\u0000This study aims to identify and classified non-tariff measures (NTMs) on Brazilian imports of robusta coffee beans, calculated a tariff-equivalent of non-tariff barriers (NTBs) and assessed the effects of removing NTBs from upstream and downstream domestic instant coffee supply chain.\u0000\u0000\u0000Design/methodology/approach\u0000The analysis uses documentary research to identify NTMs and the price-wedge method is applied to estimate a tariff-equivalent. The effects of suppressing the tariff-equivalent were evaluated using a partial equilibrium model with constant elasticity of substitution (Armington, 1969) and by incorporating vertical integration and uncertainty (Hallren and Opanasets, 2018).\u0000\u0000\u0000Findings\u0000The results show that NTMs seemingly hinder the entrance of coffee beans into the domestic market. The tariff-equivalent was estimated at 13.61%. Suppressing it reveals that the share of domestic coffee beans used to produce domestic instant coffee falls 0.21 p.p. while the share of domestic instant coffee consumed by the international trade rises 8.60 p.p.\u0000\u0000\u0000Originality/value\u0000What makes this paper original is that this paper investigated the effects of NTMs in a developing country, namely, Brazil. Although Brazil is one of the largest agricultural producers in the world, it has not appeared in literature in this type of analysis until now. Furthermore, it contributes to the literature on using existing techniques to investigate the impact of NTM removal on individual products in a specific country, in contrast to more recent papers that discuss using multi-country and multi-product data sets at the HTS-6 level. Thus, this paper demonstrates how a case study approach can be useful in quantifying policy changes.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-04-2020-0027","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46465974","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: 2

A necessary reform of agriculture market access rules 农业市场准入规则的必要改革

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2020-06-30 DOI: 10.1108/jitlp-06-2019-0030

Ismaelline Eba Nguema

引用次数: 0

Intertwined paths of globalization and international investment law 全球化与国际投资法的交织路径

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Journal of International Trade Law and Policy Pub Date : 2020-06-30 DOI: 10.1108/jitlp-01-2020-0010

Agata Ferreira

{"title":"Intertwined paths of globalization and international investment law","authors":"Agata Ferreira","doi":"10.1108/jitlp-01-2020-0010","DOIUrl":"https://doi.org/10.1108/jitlp-01-2020-0010","url":null,"abstract":"International investment law has become a powerful tool of global economic governance. With its global network of international investment treaties and effective arbitration mechanism, it has made an extraordinary leap from a relatively niche and underrated area of international law to one of the most prominent legal regimes. This paper aims to illustrate how the evolutionary trajectories of globalization and international investment law have been intertwined.,This paper follows the historical unfolding of international investment law against the background of the globalization phenomenon, tracing the history of globalization processes since the expansion of European interests and export of capital and the onset of the international investment legal framework.,The evolution of globalization and international investment law has always been intertwined and co-dependent, experiencing similar phases of acceleration, transformation, adjustment and progress. This paper finds that the current era of globalization is characterized by an increasing complexity and diversity of transnational interests and global connections; this is also true for international investment law, which is undergoing changes aimed at including wider contexts and interests in international investment relations.,The analysis contributes to a more holistic understanding of the interdependence of these two phenomena, helping to explain how international investment law has become such a powerful, globally recognized and applied legal regime.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-01-2020-0010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489998","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

Imposition of trade tariffs by the USA on China: implications for the WTO and international trade law 美国对中国征收贸易关税:对世贸组织和国际贸易法的影响

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2020-04-18 DOI: 10.1108/jitlp-01-2019-0003

U. Nwoke

{"title":"Imposition of trade tariffs by the USA on China: implications for the WTO and international trade law","authors":"U. Nwoke","doi":"10.1108/jitlp-01-2019-0003","DOIUrl":"https://doi.org/10.1108/jitlp-01-2019-0003","url":null,"abstract":"The increased integration of national economies and the belief that international trade is beneficial to societies has led to the formation of the World Trade Organization (WTO), to regulate the conduct of international trade by national governments. Using US domestic legislation and case laws, as well as the provisions of the General Agreement on Tariffs and Trade (GATT) 1994, the purpose of this paper is to analyze the legality or otherwise of the recent imposition of unilateral trade tariffs by the USA on China.,This paper adopts a doctrinal approach through a critical review of extant legislation and case laws. Drawing from existing literature in the area of WTO and international trade law, the paper argues that the imposition of tariffs by the Trump administration is outside the scope provided for by the WTO rules.,The paper finds that the imposition of unilateral tariffs by the Trump Government, while in breach of US domestic legislation and case laws, as well as the country’s obligations under the GATT 1994, portends a clear danger to the continued existence of the WTO and to international trade in general.,This paper is an original study of the author, which extends the body of knowledge in the area of international trade law, by analyzing the possible implications of the imposition of trade tariffs by the USA on China and offering suggestions on how the impasse can be resolved.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-01-2019-0003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46868046","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: 2

E-commerce mercantilism-practices and causes 电子商务重商主义的实践与成因

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2020-02-28 DOI: 10.1108/jitlp-08-2019-0054

C. Chu, Po-Ching Lee

{"title":"E-commerce mercantilism-practices and causes","authors":"C. Chu, Po-Ching Lee","doi":"10.1108/jitlp-08-2019-0054","DOIUrl":"https://doi.org/10.1108/jitlp-08-2019-0054","url":null,"abstract":"This paper aims to highlight in particular one commercially influential but subtle constituent of China’s mercantilist stratagem – asymmetrical internet access. The wider aim of the paper is to provide a solid basis of real-world facts and knowledge to the e-commerce discussions at the World Trade Organization and the ongoing plurilateral e-commerce negotiations.,This paper uses an empirical approach to reflect the general experiences of consumers connecting from China to e-commerce platform websites in other countries and vice versa consumers connecting from other countries to China’s e-commerce platform.,The empirical data show that Chinese potential customers trying to connect to the websites of foreign internet retailers in 17 other sample countries are faced with prohibitively long waiting times. In contrast, the average waiting time that it takes for customers in those other 17 countries to link up to China’s major internet retail platforms is much shorter.,The hard evidence presented here serves to strengthen the arguments that such internet censorship is used by China to establish unfair e-commerce advantage. This paper further argues that the General Agreement on Trade in Services is restrained from providing systemic solutions to the digital mercantilism problem. It is essential, therefore, that the ongoing plurilateral e-commerce negotiations address this issue.,This paper is the first to publish detailed results of a systematic survey designed to analyze the impact of asymmetrical internet access in China. It is also the first to examine the extent and effect of differing internet connection speeds in the context of international trade. The outcome of the survey provides a factual base for future rule-making at the multilateral level.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-08-2019-0054","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46020949","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

A comparative study of the CISG and the North Korean contract law as to formation of a contract 《销售公约》与朝鲜合同法关于合同订立的比较研究

IF 0.9

Journal of International Trade Law and Policy Pub Date : 2020-02-27 DOI: 10.1108/jitlp-07-2019-0046

Sang Man Kim

{"title":"A comparative study of the CISG and the North Korean contract law as to formation of a contract","authors":"Sang Man Kim","doi":"10.1108/jitlp-07-2019-0046","DOIUrl":"https://doi.org/10.1108/jitlp-07-2019-0046","url":null,"abstract":"North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.,This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.,The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.,The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.,This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-07-2019-0046","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49507655","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