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Alienated Twins – The Overlooked Private Law Dimension of Global Trade and Investment Governance 被疏远的双胞胎--全球贸易与投资治理中被忽视的私法问题
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-05-14 DOI: 10.1017/s1474745624000144
J. Robert Basedow
{"title":"Alienated Twins – The Overlooked Private Law Dimension of Global Trade and Investment Governance","authors":"J. Robert Basedow","doi":"10.1017/s1474745624000144","DOIUrl":"https://doi.org/10.1017/s1474745624000144","url":null,"abstract":"<p>Two scholarly communities work on global trade and investment governance yet communicate little with each other. On the one hand, classic trade and investment scholarship focuses on states' foreign economic policies, trade and investment treaty programs, and participation in the World Trade Organisation. On the other hand, scholars of private and commercial law study how businesses draft and enforce the international contracts of a private law nature that ultimately constitute international trade and investment transactions. This research note seeks to raise awareness for this bifurcation of research on global trade and investment, develops a conceptual framework to better understand the role of private law in shaping trade and investment flows, and proposes a research agenda anchored in economics, political economy, and political science to advance our understanding of the role of private law in global trade and investment transactions and governance.</p>","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"21 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140934805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Demise of Globalization and Rise of Industrial Policy: Caveat Emptor 全球化的消亡与产业政策的兴起：谨防上当受骗
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-04-19 DOI: 10.1017/s1474745623000496
Bryan Mercurio
{"title":"The Demise of Globalization and Rise of Industrial Policy: Caveat Emptor","authors":"Bryan Mercurio","doi":"10.1017/s1474745623000496","DOIUrl":"https://doi.org/10.1017/s1474745623000496","url":null,"abstract":"The global trading system has reached an inflection point. The future of the liberalized, rules-based global world order is in doubt as countries that have for decades preached and practiced policies, which can loosely be defined as embodying the ‘Washington Consensus’, have started to backtrack. Free and fair trade is no longer the mantra as governments embrace industrial policy, protectionism, national security, risk management, and managed trade. Perhaps the most surprising adherent of the reversal is the US, whose embrace of what has been termed a ‘modern American industrial strategy’ runs counter to traditional American views and norms. While David Ricardo's theory of comparative advantage still holds true, it has certainly fallen out of fashion. Where it leads remains unknown – caveat emptor. This article analyses President Joe Biden's industrial policy and its implications as well as shifts that have occurred as a result of the pandemic, geopolitical competition, and other recent global events.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"196 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140625814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Smart Cities and International Trade Law 智能城市与国际贸易法
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-04-08 DOI: 10.1017/s1474745624000077
Yoshiko Naiki
{"title":"Smart Cities and International Trade Law","authors":"Yoshiko Naiki","doi":"10.1017/s1474745624000077","DOIUrl":"https://doi.org/10.1017/s1474745624000077","url":null,"abstract":"A ‘smart city’ is a buzz term and concept. The ‘smart city’ has mainly been discussed in the scholarly literature on urban planning, architecture, and geography. While the ‘smart city’ has been under-analyzed in international trade law, the term ‘smart city’ is commonly used in Asian trade policies. The Association of Southeast Asian Nations (ASEAN) established the ‘ASEAN Smart Cities Network’ and the ‘smart city’ is now an important market opportunity for exporting smart technologies and services to ASEAN. Against this backdrop, this article addresses how smart cities can be regulated and governed by international trade law. The trade law perspective facilitates a broader understanding of smart city governance, which includes under-explored ‘global’ regulatory dimensions concerning the interaction between local governments and foreign firms. This article selects three relevant trade areas for discussions: (1) Internet of Things in the context of trade in goods and services; (2) international standard-setting activities; and (3) data governance. It further considers what kinds of regulatory issues international smart city projects can add to the current digital trade discourse. Drawing on the smart city literature, the article points out additional problems concerning security and privacy that have not yet been acknowledged in digital trade.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"6 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140590531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Norm Entrepreneurship in Digital Trade: The Singapore-led Wave of Digital Trade Agreements 数字贸易中的规范创业：新加坡引领的数字贸易协定浪潮
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-03-20 DOI: 10.1017/s1474745624000089
Emily Jones, Beatriz Kira, Rutendo Tavengerwei
{"title":"Norm Entrepreneurship in Digital Trade: The Singapore-led Wave of Digital Trade Agreements","authors":"Emily Jones, Beatriz Kira, Rutendo Tavengerwei","doi":"10.1017/s1474745624000089","DOIUrl":"https://doi.org/10.1017/s1474745624000089","url":null,"abstract":"<p>Rulemaking in digital trade is proceeding apace. Many preferential trade agreements contain dedicated e-commerce or digital trade chapters and some states have entered into stand-alone digital economy agreements. This article seeks to establish whether, and to what extent, normative change is occurring in digital trade agreements, the nature of any changes, and identify which states are acting as norm entrepreneurs. We employ a new method of legal coding, systematically comparing the nature and prescriptiveness of digital provisions in 12 trade agreements concluded between 2019 and 2023. We find evidence of substantial policy innovation, and identify Singapore as the key norm entrepreneur. A new wave of ‘Singapore-led’ agreements substantially expands the scope of digital trade, to cover areas such as digital identities, e-invoicing and e-payments, the governance of AI, and regulation of new digital technologies. Commitments are typically couched as soft rather than hard law, reflecting the nascent stages of rulemaking. Norm entrepreneurship on the part of Singapore and its allies reflects a desire to position themselves as ‘digital hubs’ in the global economy, spur rulemaking in areas where innovation is ahead of regulation, and promote digital interconnectivity at time of regulatory divergence and geopolitical rivalry.</p>","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"8 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140172777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Accounting for Carbon Pricing in Third Countries Under the EU Carbon Border Adjustment Mechanism 欧盟碳边界调整机制下第三国的碳定价核算
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-03-05 DOI: 10.1017/s1474745624000107
Anatole Boute
{"title":"Accounting for Carbon Pricing in Third Countries Under the EU Carbon Border Adjustment Mechanism","authors":"Anatole Boute","doi":"10.1017/s1474745624000107","DOIUrl":"https://doi.org/10.1017/s1474745624000107","url":null,"abstract":"<p>To avoid penalizing exporters that already paid carbon prices, the EU Carbon Border Adjustment Mechanism credits carbon taxes and Emissions Trading Schemes in third countries. By excluding instruments of traditional regulation (e.g. emission standards) and indirect carbon prices (e.g. fuel excise taxes) from this crediting mechanism, the EU is criticized for discriminating against countries that do not follow its climate model, in breach of international trade and climate law. This article seeks to nuance this criticism by arguing that the calculation of actual emissions (instead of default values) under the EU CBAM allows exporters to reflect compliance with foreign emission standards, and thus respects states' right to pursue emission reductions through traditional regulation. However, amendments of the CBAM Regulation are necessary to recognize the positive and negative impact of indirect carbon prices on decarbonization, and the role of carbon-crediting mechanisms in equalizing carbon costs in a more flexible and equitable way.</p>","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"8 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140037475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Learning to Use Trade Preferences: A Firm and Transaction Level Analysis of the EU–South Korea FTA 学习使用贸易优惠：欧盟-韩国自由贸易协定的企业和交易层面分析
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-01-23 DOI: 10.1017/s1474745623000423
Jonas Kasteng, Ari Kokko, Nils Norell, Patrik Tingvall
{"title":"Learning to Use Trade Preferences: A Firm and Transaction Level Analysis of the EU–South Korea FTA","authors":"Jonas Kasteng, Ari Kokko, Nils Norell, Patrik Tingvall","doi":"10.1017/s1474745623000423","DOIUrl":"https://doi.org/10.1017/s1474745623000423","url":null,"abstract":"This article examines imports by Swedish firms and the utilization of the tariff preferences offered by the EU–South Korea Free Trade Agreement. To benefit from tariff preferences, the importer must make a formal request to use the preferences and also document the origin of the imported products (with a certificate of origin provided by the foreign exporter). This may be costly, and some importers choose to pay import tariffs even when tariff preferences are available. Hence, the preferences are not fully utilized. Using a detailed firm–transaction level data set on Swedish imports from South Korea, we analyse the determinants of preference utilization and how firms learn to use preferences. The results show that preference utilization is strongly correlated with potential duty savings, which depend on the preference margin and the size of the import transaction. From a learning perspective, we find that preference utilization is closely related to the number of import transactions undertaken by the firm, suggesting a learning-by-doing mechanism. The length of time the firm has been involved in importing activities plays a smaller role.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"185 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139580896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Evolution of Digital Trade Law: Insights from TAPED 数字贸易法的演变：来自 TAPED 的启示
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-01-04 DOI: 10.1017/s1474745623000472
Mira Burri, María Vásquez Callo-Müller, Kholofelo Kugler
{"title":"The Evolution of Digital Trade Law: Insights from TAPED","authors":"Mira Burri, María Vásquez Callo-Müller, Kholofelo Kugler","doi":"10.1017/s1474745623000472","DOIUrl":"https://doi.org/10.1017/s1474745623000472","url":null,"abstract":"This article discusses and contextualizes the very recent advancements in digital trade regulation based on the insights provided by the Trade Agreement Provisions on Electronic-commerce and Data (TAPED) dataset. Within the time frame of January 2020 to November 2023 that we analyze, digital trade negotiations have increased in preferential trade agreements (PTAs) significantly, and there has been a sharp rise in the negotiation of new types of treaties, known as ‘Digital Economy Agreements’. Beyond the critical advances in substantive rulemaking, we observe non-traditional actors stepping into the gap left by the shifting interest of traditional rulemakers to craft rules that best fit their policy priorities. Additionally, we see a broadening of topics beyond conventional digital trade matters, underscored by commitments of limited legal enforceability. The TAPED dataset has been updated to reflect these recent developments, emphasizing the importance of regular reviews to stay current and accurately inform research and policymaking in the area of digital trade regulation.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"7 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139376457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Small State Diplomacy in Action: The Real Origins of TPP 小国外交在行动：TPP 的真正起源
IF 1.3 3区 社会学
World Trade Review Pub Date : 2024-01-03 DOI: 10.1017/s1474745623000459
Tim Groser
{"title":"Small State Diplomacy in Action: The Real Origins of TPP","authors":"Tim Groser","doi":"10.1017/s1474745623000459","DOIUrl":"https://doi.org/10.1017/s1474745623000459","url":null,"abstract":"The TPP Agreement – now CPTPP (Comprehensive and Progressive Trans Pacific Partnership Agreement) – is, by any measure, a central part of the emerging global trade policy framework. To the author's surprise, it survived the decision of the United States to withdraw after USTR Mike Froman had signed the Agreement in Auckland 2015 on behalf of the US. Today, it incorporates 12 economies including leading G20 economies such as Japan, Mexico, Canada, Australia, and the UK, its most recent entrant. Six other economies, including most importantly, China, the world's second largest economy, are now applying for membership. What began between Singapore and New Zealand – a conscious strategic decision on their part to try to incentivize precisely this process of Asia-Pacific regional integration in 1999 – is now clearly a major part of the global geopolitical chessboard.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"48 11","pages":""},"PeriodicalIF":1.3,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139389014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Long Shadows of Brexit: Implications for African Countries 英国脱欧的阴影：对非洲国家的影响
IF 1.3 3区 社会学
World Trade Review Pub Date : 2023-12-22 DOI: 10.1017/s1474745623000460
Usama Salamat, Salamat Ali
{"title":"The Long Shadows of Brexit: Implications for African Countries","authors":"Usama Salamat, Salamat Ali","doi":"10.1017/s1474745623000460","DOIUrl":"https://doi.org/10.1017/s1474745623000460","url":null,"abstract":"\u0000 The exit of the United Kingdom from the European Union (EU) single market and customs union has adversely affected trade prospects of many developing economies that depended on the UK market for their exports. This paper investigates the impact of Brexit on African countries' exports to the UK. The comparison is based upon trade between the set of African countries which export most to the UK and the EU. It provides a quantitative assessment of the trade effect through the use of descriptive analysis and empirical estimations by employing the difference-in-difference (DID) estimation approach. The descriptive analysis finds that the share of African exports sent to the UK has declined since the Brexit announcement in 2016. The empirical estimations using the DID approach also demonstrate a drop of 20–30% in African countries exports to the UK relative to the EU-27 in this period. These results hold to a battery of robustness checks, including the use of an alternative estimation approach, varying sample size, and the use of alternative counterfactuals. We further show that the trade flows started to drop immediately after the announcement of the Brexit referendum in 2015 but the main drop came after the Brexit referendum results became evident. These findings imply the need for policy intervention and support for African countries to revitalize their trade flows and alleviate the unintended effects of this trade shock.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"70 5","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138945571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On the Non-Discrimination Principles in Digital Trade 论数字贸易中的非歧视原则
IF 1.3 3区 社会学
World Trade Review Pub Date : 2023-11-24 DOI: 10.1017/s147474562300037x
Jeongmeen Suh, Joohyoung Lee, Jaeyoun Roh
{"title":"On the Non-Discrimination Principles in Digital Trade","authors":"Jeongmeen Suh, Joohyoung Lee, Jaeyoun Roh","doi":"10.1017/s147474562300037x","DOIUrl":"https://doi.org/10.1017/s147474562300037x","url":null,"abstract":"What do the provisions on the non-discrimination principle (<jats:italic>the principles</jats:italic>) in digital trade mean under trade agreements, especially in the absence of a clear international consensus on the subject of <jats:italic>the principles</jats:italic>? To answer this question, this study first identifies the issues related to the application of <jats:italic>the principles</jats:italic> in digital trade and presents a theoretical framework to explain how <jats:italic>the principles</jats:italic> can affect digital trade despite such issues. Using various data sources, such as digital trade flows, the inclusion of <jats:italic>the principles</jats:italic> in digital trade agreements, and digital trade barriers, we empirically test the hypotheses constructed from our theoretical framework. We find that inclusion of <jats:italic>the principles</jats:italic> in the trade agreements is more likely to increase digital trade flows. Moreover, though digital trade barriers decrease digital trade flows, this negative effect can be mitigated when <jats:italic>the principles</jats:italic> are more clearly defined in the trade agreements.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"6 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138540744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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