Academic literature on the topic 'Havana charter for an International Trade Organization'
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Journal articles on the topic "Havana charter for an International Trade Organization"
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SANTOS, NORMA BREDA DOS. "Latin American countries and the establishment of the multilateral trading system: the Havana Conference (1947-1948)." Revista de Economia Política 36, no. 2 (June 2016): 309–29. http://dx.doi.org/10.1590/0101-31572015v36n02a04.
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ABSTRACT This article proposes to study the participation of Latin American delegations during the Havana Conference, which negotiated and approved the Charter of International Trade Organization (ITO), including the General Agreement on Tariffs and Trade (GATT), in 1947-1948. It shows that the prevalent understanding of Latin American countries was that the Havana negotiations would be the outcome of their existing political and material power asymmetries in relation to the industrialized countries. They believed that their fragile economies should face the strong economies of the industrialized countries by economic planning and import substitution, already in place in several Latin American countries since the 1930s and the 1940s. The article also shows that the construction of the post-World War II international trade regime was in fact characterized by strong material and political inequalities, which undermined Latin American countries abilities to negotiate.
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Toye, Richard. "Developing Multilateralism: The Havana Charter and the Fight for the International Trade Organization, 1947–1948." International History Review 25, no. 2 (June 2003): 282–305. http://dx.doi.org/10.1080/07075332.2003.9640997.
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CHASE, KERRY. "Multilateralism compromised: the mysterious origins of GATT Article XXIV." World Trade Review 5, no. 1 (January 26, 2006): 1–30. http://dx.doi.org/10.1017/s1474745605002624.
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The GATT treaty's loophole for free trade areas in Article XXIV has puzzled and deceived prominent scholars, who trace its postwar origins to US aspirations to promote European integration and efforts to persuade developing countries to endorse the Havana Charter. Drawing from archival records, this article shows that in fact US policymakers crafted the controversial provisions of Article XXIV to accommodate a trade treaty they had secretly reached with Canada. As a result, the free trade area exemption was embedded in the GATT–WTO regime, even though neither the Havana Charter nor the US–Canada free trade agreement was ever ratified. Theoretically, the case is an important example of how Cold War exigencies altered the policy ideas of US officials.
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Ciampi, Annalisa. "The Divide Between Human Rights, International Trade, Investment and Development Law." Volume 61 · 2018 61, no. 1 (June 20, 2019): 251–93. http://dx.doi.org/10.3790/gyil.61.1.251.
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This article comprehensively reconstructs the historical developments that have led to the particular evolution of human rights law as distinct from international trade and investment law as well as international development law. It submits that one of the causes of the current crisis of the international human rights regime lies in its relative isolation from these other domains of global governance. It thus argues for the desirability to overcome such a separation and examines prospects of feasibility. China’s new international human rights diplomacy is critically assessed amongst current efforts to bridge normative and institutional divides that could pave the way for human rights-coherent economic and development policies. Keywords: Human Rights, Havana Charter, New International Economic Order, WTO, International Investment Law, Sustainable Development, China’s Human Right Diplomacy
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Petersmann, Ernst-Ulrick. "How to Reform the UN System? Constitutionalism, International Law, and International Organizations." Leiden Journal of International Law 10, no. 3 (September 1997): 421–74. http://dx.doi.org/10.1017/s0922156597000332.
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The UN system requires far-reaching changes so as to achieve the objectives of the UN Charter (e.g. with regard to human rights and maintenance of peace) more effectively. European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and peaceful cooperation among democracies. Section 2 outlines basic principles for a constitutional theory of international law. Section 3 discusses the difficulties of ‘constitutionalizing’ the state-centered and power-oriented concepts of the UN Charter. Section 4 explains why the successful Uruguay Round strategy for replacing the old GATT 1947 by the new World Trade Organization (WTO) – notably the ‘package deal negotiations’, the incorporation of other worldwide treaties into WTO law and the mandatory WTO dispute settlement and enforcement systems – offer important lessons for the needed reforms of the UN Charter.
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Yakovleva, Svetlana. "Personal Data Transfers in International Trade and EU Law: A Tale of Two ‘Necessities’." Journal of World Investment & Trade 21, no. 6 (September 11, 2020): 881–919. http://dx.doi.org/10.1163/22119000-12340189.
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Abstract Cross-border flows of personal data have become essential for international trade. European Union (EU) law restricts transfers of personal data to a degree that is arguably beyond what is permitted under the EU’s World Trade Organization commitments. These restrictions may be justified under trade law’s ‘necessity test.’ The article suggests that they may not pass this test. Yet, from an EU law perspective, the right to the protection of personal data is a fundamental right. An international transfer of personal data constitutes a derogation from this right and, therefore, must be consistent with another necessity test, the ‘strict necessity’ test of the derogation clause of the EU Charter of Fundamental Rights. This article shows how a simultaneous application of the trade law and EU Charter ‘necessities’ to EU restrictions on transfers of personal data creates a catch-22 situation and sketches the ways out of this compliance deadlock.
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Koesrianti, Koesrianti. "Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It?" Hasanuddin Law Review 1, no. 2 (August 30, 2016): 182. http://dx.doi.org/10.20956/halrev.v1i2.303.
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ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.
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Koesrianti, Koesrianti. "Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It?" Hasanuddin Law Review 1, no. 2 (August 30, 2016): 182. http://dx.doi.org/10.20956/halrev.v1n2.303.
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ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.
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Morris, Virginia, and M. Christiane Bourloyannis. "The Work of the Sixth Committee at the Forty-seventh Session of the UN General Assembly." American Journal of International Law 87, no. 2 (April 1993): 306–23. http://dx.doi.org/10.2307/2203826.
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At the forty-seventh session of the General Assembly, the Sixth Committee1reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Charter Committee), and the Committee on Relations with the Host Country. The Sixth Committee also considered proposals for new legal instruments relating to some aspects of sovereign immunity, consular functions, the diplomatic courier and bag, and environmental protection in wartime; a proposal to request an advisory opinion from the International Court of Justice on questions relating to extraterritorial jurisdiction; and aspects of such other topics as national liberation movements, humanitarian law, protection of diplomats, and the United Nations Decade of International Law.
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Van der Borght, Kim. "Accession of the Russian Federation to the World Trade Organization: A New Player Joins the Trade Game." Review of Central and East European Law 40, no. 3-4 (December 15, 2015): 321–65. http://dx.doi.org/10.1163/15730352-04003006.
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To date, no country has taken longer to join the World Trade Organization than the Russian Federation despite the fact that the ussr (of which the Russian Federation is the legal successor) participated in the drafting conference of the Charter to the International Trade Organization, i.e., the original source of the rules of the General Agreement on Tariffs and Trade and the later wto. While the ussr never joined the ito, Russia finally joined the wto in 2012, eighteen years after its first application had been made. The reasons for the lengthy accession process were partially economic, as the wto was established to remove trade impediments; however, the context also was highly politicized. The economic aspects of the wto accession process are the concessions made to existing members. These entail removing the cover offered to domestic producers by opening up to international competition. This process also has political aspects, as domestic lobbies representing economic sectors likely to suffer from an increasingly competitive international environment seek compensation. The politicization is facilitated by a custom contra legem in wto decision-making procedures that gives a de facto veto to existing members. Georgia used this to reassert its position on South Osetiia and Abkhaziia. China brought a border dispute into the process, and the us entangled the process in a broad-ranging debate linked to human rights. In joining the wto, a dual process of domestic and international negotiations results in the final package of commitments to which an acceding member needs to agree as it joins the wto. Part of our focus in this article will be on key economic and political obligations that the Russian Federation took upon itself by becoming a member of the wto.
Dissertations / Theses on the topic "Havana charter for an International Trade Organization"
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Pogoretskyy, Vitaliy. "Freedom of transit and pipeline gas : can the World Trade Organization provide a viable legal framework for the development of an international gas market?" Thesis, University of Dundee, 2015. https://discovery.dundee.ac.uk/en/studentTheses/e2b0145d-bd27-445f-be55-22756bddd75e.
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This study discusses how the World Trade Organization could promote the development of an international gas market by playing a more prominent role in regulating rights essential to effective pipeline gas transit. Gas transit is network-dependent in the sense that it cannot be established without the existence of pipeline infrastructure in the territory of a transit State and the ability to access this infrastructure. Nevertheless, at an inter-regional level, there are no sufficient pipeline networks that would allow gas to travel freely from a supplier to the most lucrative markets. The existing networks are often operated by either private or State-controlled vertically-integrated monopolies that are usually reluctant to release unused pipeline capacity to their potential competitors. These obstacles diminish the gains from trade for States endowed with scarce and relatively immobile natural resources, such as gas, including developing land-locked countries that rely on revenues from gas exports. These obstacles can also undermine Members’ energy security and their sustainable development achieved by shifting domestic production from dirty fuels to cleaner energy sources – namely gas. From a technical perspective, gas transit can be established by invoking what is referred to in this study as ‘third-party access’ and/or ‘capacity establishment’ rights. The first main question that this thesis analyses is, therefore, whether, and, if so, how these rights are regulated by WTO rules relevant to transit, including: GATT Article V:2 (first and second sentences) establishing the principles of freedom of transit and non-discrimination, the ‘non-violation complaint’ provision under GATT Article XXIII:1(b), and the GATS. This question has not been answered by WTO panels or examined sufficiently by scholars. The key contribution of this study to the existing academic literature on energy transit lies in the fact that this study analyses the above rules through the prism of systemic integration of WTO law sources with other relevant rules of public international law, including principles of general international law and treaties regulating transit. By contrast, previous researchers discussed the regulation of third-party access and capacity establishment rights from a limited perspective of WTO law. The second main question examined in this study is how WTO transit rules could be improved through a legislative reform to regulate particular aspects of trade in pipeline gas better – namely third-party access and capacity establishment rights. This question is answered by exploring two options: the codification of the existing principles of general international law relevant to these rights in the WTO legal system and the progressive development of WTO transit rules through the expansion of additional commitments of Members on energy services under the GATS. While this study analyses the relationship between WTO transit obligations and inherent ancillary rights (namely third-party access and capacity establishment rights) implied in these obligations in the context of trade in pipeline gas, the conclusions reached here may have practical application in other areas of network-bound trade, such as trade in electric power.
Books on the topic "Havana charter for an International Trade Organization"
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Graz, Jean-Christophe. Aux sources de l'OMC: La charte de la Havane, 1941-1950 = Precursor of the WTO : the stillborn Havana charter, 1941-1950. Genéve: Droz, 1999.
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Australia and the Global Trade System: From Havana to Seattle. Cambridge University Press, 2001.
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Capling, Ann. Australia and the Global Trade System: From Havana to Seattle. Cambridge University Press, 2001.
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Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 3 The United Nations: What it Does, 18 Improving Economic Wellbeing. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0018.
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This chapter examines the UN’s role in improving economic wellbeing. One of the UN’s main purposes is to achieve international cooperation in solving international economic problems. To this end, the UN Charter recognizes a link between economic wellbeing and peaceful and friendly relations between states. Economic wellbeing is pursued through principal and subsidiary organs as well as specialized agencies. The discussions cover the Second Committee of the General Assembly; the role of the Economic and Social Council and United Nations Development Programme in economic wellbeing; the United Nations Conference on Trade and Development; the United Nations Industrial Development Organization; financing for development; sustainable development; poverty eradication; and groups of countries in special situations.
Book chapters on the topic "Havana charter for an International Trade Organization"
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Viktor, Kreuschitz, and Nehl Hanns Peter. "Part III Rules for the Compatibility of State Aid, 1 General Theory on Compatibility of State Aid." In State Aid Law of the European Union. Oxford University Press, 2016. http://dx.doi.org/10.1093/law-ocl/9780198727460.003.0012.
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This chapter presents a general theory on the compatibility of State aid, considering the relation between general and sectoral regulation and State aid control. State aid control is one of the most important powers of the Commission. The origins of the prohibition of subsidies can be found in Chapter IV, Section C of the Havana Charter for an International Trade Organization of 1947. Due to the lack of ratification by the US Congress, that Charter was abandoned in 1950 and never entered into force. However, the Treaty on European Coal and Steel Community (ECSC) drew a lot of inspiration from the Havana Charter, and established, amongst others, a general prohibition on subsidies or State assistance (Article 4 ECSC). The Spaak report proposed to extend that prohibition to all sectors of the economy. At the same time, it foresaw the possibility to exceptionally authorize State aid, and proposed to confer the power of authorization to the Commission.
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Sharma, Sushil K., and Jatinder N. D. Gupta. "Adverse Effects of E-Commerce." In The Economic and Social Impacts of E-Commerce, 33–49. IGI Global, 2003. http://dx.doi.org/10.4018/978-1-59140-043-1.ch003.
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E-commerce is the fastest growing industry worldwide and is one of the most rapidly evolving areas of national and international trade. The Internet has become an incredibly powerful tool for conducting business electronically. Companies have taken the proactive approach and are jumping on the new way to conduct business. E-commerce enables organizational change and helps organizations to conduct business with improved efficiencies and productivity. E-commerce is credited with empowering employees and knowledge workers, by giving them easy access to virtually unlimited information. E-commerce technologies have helped nations to accelerate their economic growth and to provide more opportunities for the businesses to grow. Meanwhile, it has also created many challenges and adverse effects, such as concerns over privacy, consumer protection, and security of credit card purchases, displacement of workers (especially low-status ones), and is charged with having a negative impact on quality of work life. This chapter describes the various adverse effects that have accompanied the advent of the Internet and e-commerce revolution.
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Kaj, Hobér. "1 Introduction." In The Energy Charter Treaty. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780199660995.003.0001.
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This introductory chapter provides a background of the Energy Charter Treaty, which entered into force on April 16, 1998. The ECT is a unique international instrument which covers the promotion and protection of investments, trade in energy, transit in the energy sector, environmental aspects, as well as the settlement of disputes under the Treaty. It was negotiated and drafted under considerable time pressure by a large number of States and what is now the European Union. Nevertheless, the ECT was not negotiated and drafted in a legal vacuum. Other relevant international instruments were there for the negotiators to take account of and to be guided by as they deemed appropriate. As far as investment protection is concerned, there were in place several thousands of bilateral investment protection treaties (BITs) providing for the protection of foreign investment in a manner very similar to the corresponding provisions which eventually found their way into the ECT. With respect to international trade, the General Agreement on Tariffs and Trade (GATT) was in force when the ECT negotiations commenced. It was eventually replaced by the World Trade Organization (WTO) in 1995. The present legal commentary on the ECT will not discuss general aspects of these two fields—international investment law and international trade law—in detail. Rather, an attempt has been made to limit the discussion of such general aspects—and of arbitral awards relating thereto—which are relevant for the ECT-provisions in question.
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803874.003.0010.
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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate, 128–43. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840978.003.0010.
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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate, 133–48. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192895684.003.0010.
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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
Conference papers on the topic "Havana charter for an International Trade Organization"
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Ardıl, Cemal. "Turkey - Black Sea Economic Cooperation Organization: Foreign Trade Relations during the 1996-2012 Period." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00661.
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This paper presents the regional economic relations between Turkey and Black See Economic Cooperation Organization (BSEC). The Heads of State and Government of eleven countries: Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia, Turkey and Ukraine signed the Summit Declaration and the Bosphorus Statement giving birth to the Black Sea Economic Cooperation on 25 June 1992, in Istanbul. On 5 June 1998, the Heads of State or Government signed the BSEC Charter, came into force on 1 May 1999 BSEC has evolved into an international regional organization for economic cooperation. The organization has 12 members since Serbia joining the organization in 2004. It came into existence as a unique and promising model of multilateral political and economic initiative aimed at fostering interaction and harmony among the Member States, as well as to ensure peace, stability and prosperity encouraging friendly and good-neighbourly relations in the Black Sea region. Countries bordering the Black Sea, Balkan and Caucasus formed the BSEC countries cover an area of approximately 20 million square kilometer and represent more than 350 million people. The region with the foreign trade volume of U.S. $ 300 billion per year draws attention to the rich natural resources; and is the main European energy and transport corridor transfer. The Black Sea region is a contested neighbourhood and the subject of intense debates and conflicts in the globe. Also, this reflects the changing dynamics of the Black Sea region, its complex realities, the interests of outsiders and the region’s relations with the rest of the globe. Moreover, its strategic position, linking north to south and east to west, as well as its oil, gas, transport and trade routes are all important reasons for its increasing relevance. Turkey's foreign trade volume with BSEC member countries is steadily increasing as per the findings over the period of 1996-2012.