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Journal articles on the topic 'International Trade Law and Policy'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Petrova Georgieva, Virdzhiniya. "Trump’s Foreign Policy and International Trade Law." Anuario Mexicano de Derecho Internacional 1, no. 20 (April 2, 2020): 687. http://dx.doi.org/10.22201/iij.24487872e.2020.20.14494.

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Donald Trump ha orientado su política exterior hacia dos objetivos económicos principales en materia de comercio exterior. El primero consiste en luchar por un fair trade que reequilibre la relación comercial de Estados Unidos con sus socios comerciales, a través de una lógica que privilegie a los intereses estadounidenses por encima de la búsqueda de intereses comunes. En virtud del segundo objetivo se busca frenar la des-localización de actividades productivas de Estados Unidos para impulsar la creación de nuevos empleos y estimular el crecimiento de la economía interna. Estos dos objetivos de la política exterior de Trump han sacudido profundamente los pilares más fundamentales del derecho del comercio internacional: un conjunto normativo, construido después de la Segunda Guerra Mundial para dar sustento jurídico a las relaciones económicas del nuevo orden internacional liberal. En primer lugar, el neoproteccionismo de la política exterior de Trump constituye una contestación frontal del libre comercio como paradigma dominante del derecho del comercio internacional. En segundo lugar, el confirmado bilateralismo de dicha política es el exacto opuesto del multilateralismo, promovido por las normas e instituciones de la regulación jurídica del comercio internacional. Tanto el neoproteccionismo como el bilateralismo manifiestan la existencia de una crisis más profunda de la cooperación entre Estados en el orden internacional liberal de la posguerra.

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2

Lowther, Jason. "Ivory trade: Policy and law change." Environmental Law Review 20, no. 4 (December 2018): 225–32. http://dx.doi.org/10.1177/1461452918804939.

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Against a backdrop of consistent NGO pressure, countered by an unrelenting and increasingly transnational organised crime-framed poaching effort, the Secretary of State for the Environment Food and Rural Affairs moved to enact legislation which will significantly curtail what remains of the market for ivory products in the UK. The Ivory Bill, at the time of writing going through its parliamentary stages, will sidestep the majority of the current exemptions, premised on the antiquity of a worked item, to the usual prohibition on the trade of raw or worked ivory which owes its existence to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES) and the Treaty’s domestic implementing measures. The accelerated illegal killing of charismatic species such as elephants has prompted legal responses at international and local levels in both range and destination-market states. Laws targeting both the supply and demand sides of the trade have been undermined by the trade in antique ivory: a shadow, parallel market of imitation antiques has existed for some time to launder poached ivory through the exemptions to the CITES system. This short article will introduce the mechanics of the Ivory Bill, set in the context of the drivers which have prompted it, and will evaluate its potential contribution to curtailing this destructive trade.

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3

Tung, Genevieve. "International Trade Law and Information Policy: A Recent History." International Journal of Legal Information 42, no. 2 (2014): 241–92. http://dx.doi.org/10.1017/s0731126500012051.

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In September 2008, the United States Trade Representative (USTR) announced the United States’ intention to join Singapore, New Zealand, Brunei, and Chile in what was then called the Trans-Pacific Strategic Economic Partnership Agreement, a preferential trade agreement. Since then, the agreement has grown in scope and ambition. The negotiations to create what is now known as the Trans-Pacific Partnership (TPP) have expanded to include seven other nations. The USTR wants the TPP to be “an ambitious, next-generation, Asia-Pacific trade agreement that reflects U.S. economic priorities and values.” According to the USTR's webpage dedicated to the agreement, the administration is “working in close partnership with Congress and with a wide range of stakeholders, in seeking to conclude a strong agreement that addresses the issues that U.S. businesses and workers are facing in the 21st century.”

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4

Offor, Iyan. "Animals and the Impact of Trade Law and Policy: A Global Animal Law Question." Transnational Environmental Law 9, no. 2 (February 27, 2020): 239–62. http://dx.doi.org/10.1017/s2047102519000402.

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AbstractThere is a critical research gap regarding the trade and animal welfare interface: we do not know, empirically, what the impact of trade on animal welfare is. This gap exists, in part, as a result of the paternalism of international trade law and the underdevelopment of global animal law. This article addresses, firstly, the collision of dichotomous trade and animal welfare priorities in legal and political systems. It then explores attempts at reconciliation by the World Trade Organization and the European Union. This involves an investigation of the impact of trade on animal welfare. This impact is categorized into four component parts: (i) open markets, (ii) low animal-welfare havens, (iii) a chilling effect, and (iv) lack of labelling. Case studies from the European Union are examined. Thirdly, the article critiques trade law and policy as ill-suited primary drivers of global governance for animals. Global animal law is identified as a promising alternative, although its early development has been unduly affected by international trade law.

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Sapsin, Jason W., Theresa M. Thompson, Lesley Stone, and Katherine E. DeLand. "International Trade, Law, and Public Health Advocacy." Journal of Law, Medicine & Ethics 31, no. 4 (2003): 546–56. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00122.x.

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Public Health Science and practice expanded during the course of the 20th century. Initially focused on controlling infectious disease through basic public health programs regulating water, sanitation and food, by 1988 the Institute of Medicine broadly declared that “public health is what we, as a society, do collectively to. assure the conditions for people to be healthy.” Commensurate with this definition, public health practitioners and policymakers today work on ;in enormous range of issues. The 2002 policy agenda of the American Public Health Association reflects positions on genomics’ role in public health; national health and safety standards for child care programs; sodium in Americans’ diets; the health and safety of emergency rescue workers; and war in Central Asia and the Persian Gulf.

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6

Burri, M. "Intellectual Property, Public Policy, and International Trade." European Journal of International Law 20, no. 3 (August 1, 2009): 923–25. http://dx.doi.org/10.1093/ejil/chp054.

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7

Trachtman, Joel P. "Functionalism, Fragmentation, and the Future of International (Trade) Law." Journal of World Investment & Trade 20, no. 1 (February 11, 2019): 15–31. http://dx.doi.org/10.1163/22119000-12340121.

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Abstract International law addresses the relationship between autarchic national public policy, including but not limited to national economic policy, and international cooperation. This address makes three related points. First, in order to achieve efficient levels and types of international cooperation, it will be necessary to overcome international legal fragmentation, both in international legislation and in international adjudication. Second, WTO dispute settlement has avoided making cross-sectoral trade-offs that would effectively overcome fragmentation, in part because it generally avoids evaluation of regulatory rationales, and in part because its mandate does not allow application of international law beyond the WTO covered agreements. Third, even if we overcame the fragmentation problem in legislation and adjudication, we would still need to move toward majority voting to reach an efficient level of international law-making.

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8

Pavlović, Zoran. "Transnational economic public policy." Glasnik Advokatske komore Vojvodine 73, no. 9-10 (2001): 221–29. http://dx.doi.org/10.5937/gakv0105221p.

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By constituting the existence of transnational public policy, the author tends to spread its scope on economic area as well, treating it as a universal principle of various fields of International law and commerce, serving the highest and utmost goals of world community. Trade competition and protection of the weaker party in a law-suit are also at stake. Economic ethics finds its protection by accepting legitimacy of transnational public policy. Being a special form o f legal cosmopolitism, it is responsible for yielding protection of basic rights of participants in international trade

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9

Jia, Bing Bing. "The World Trade Organization: Law, Practice, and Policy." Chinese Journal of International Law 6, no. 2 (January 1, 2007): 520–22. http://dx.doi.org/10.1093/chinesejil/jmm009.

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10

Broude, T. "The World Trade Organization: Law, Practice, and Policy." European Journal of International Law 19, no. 2 (April 1, 2008): 447–49. http://dx.doi.org/10.1093/ejil/chn018.

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11

Holladay, J. Scott, Mohammed Mohsin, and Shreekar Pradhan. "Environmental Policy Instrument Choice and International Trade." Environmental and Resource Economics 74, no. 4 (November 6, 2019): 1585–617. http://dx.doi.org/10.1007/s10640-019-00381-4.

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12

Shin, Roy W., and Laura A. Strohm. "Policy Regimes for the International Waste Trade." Review of Policy Research 12, no. 3-4 (September 1993): 226–43. http://dx.doi.org/10.1111/j.1541-1338.1993.tb00562.x.

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13

Feldman, Jan. "Trade Policy and Foreign Policy." Washington Quarterly 8, no. 1 (January 1985): 65–75. http://dx.doi.org/10.1080/01636608509449904.

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14

Weber, Christopher L., and Glen P. Peters. "Climate change policy and international trade: Policy considerations in the US." Energy Policy 37, no. 2 (February 2009): 432–40. http://dx.doi.org/10.1016/j.enpol.2008.09.073.

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15

Goldstein, Judith. "A New Era for Trade?" AJIL Unbound 115 (2021): 52–56. http://dx.doi.org/10.1017/aju.2020.91.

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Trade policy decisions have direct, and almost immediate, effects on American jobs and wages. As result, historically, commercial policy has been highly partisan and closely associated with constituent demands. From this perspective, the post-World War II years were anomalous: trade policy was bipartisan and de-politicized. Due to rapid growth in the U.S. economy, those hurt by imports were easily re-employed, dampening the growth of a pro-protection coalition in either party. This facilitated a U.S.-led expansion of trade under the umbrella of commonly accepted international rules. In the last decades of the twentieth century, however, this pro-trade consensus began to unravel. While U.S. exports continued to thrive, the growth of regional and global value chains and the emergence of East Asian manufacturing giants caused job dislocation and a bifurcation of the U.S. economy around a skill premium. The Trump administration's response was to externalize these problems onto U.S. trading partners. The Biden administration needs a different strategy. Even though the Democratic party has been critical of aspects of the multilateral regime, Biden must re-connect with the international community. The United States should strive to be a better partner in the World Trade Organization (WTO), resist the capricious use of trade law, and rebuild a competitive domestic economy.

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16

Bishop, Kirsten. "Liberalized Trade and International Environmental Law and Policy: Australia’s Negotiations under the Kyoto Protocol." Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 181–225. http://dx.doi.org/10.1017/s0069005800006913.

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SummaryThis article addresses the difficulties to be faced in reconciling the international law and policy of trade regulation with that of environmental protection. It reviews the recent environment-related cases brought before the GATT/WTO dispute settlement panel and Appellate Body and provides a critical analysis of the results in the context of the relevant GATT/WTO rules. Such a review informs the case study, which is undertaken in the article, addressing the Australian government's use of trade policy in negotiating its position under the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The article argues that it is crucial for environmental regulators to work cooperatively with free trade proponents to better clarify and strengthen the position of environmental law and policy within the free trade regime. The article concludes that, although this debate continues to remain polarized, there does appear to be signs of movement towards such a cooperative approach.

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17

Chitov, Alexandre. "International law and criminalizing illegal trade in endangered species (from the Far Eastern perspective)." Asia Pacific Journal of Environmental Law 22, no. 2 (November 2019): 207–27. http://dx.doi.org/10.4337/apjel.2019.02.02.

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The article examines international law in relation to international trade in endangered species. It analyzes the major international agreement in this area: CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973) in the context of Thailand and China. The article argues that CITES does not sufficiently address the need of those countries to criminalize illegal trade in endangered animals and plants across borders. CITES requires an increased administrative control over the trade which many developing countries are unable to carry out in order to achieve an effective level of protection for the endangered species. Under the influence of CITES, the crime of illegal trade is defined in Thailand and China narrowly as trade in violation of administrative controls. The main argument of this article is, first, that the countries, such as Thailand and China, must adopt a broader concept of the crime of illegal trade in endangered species. Second, there is a need to adopt this concept on an international level in order to facilitate a successful fulfillment of the countries’ international obligations.

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18

Withagen, Cees. "International Trade and Environmental Policy Under Imperfect Competition." International Review of Environmental and Resource Economics 1, no. 2 (May 16, 2007): 151–83. http://dx.doi.org/10.1561/101.00000004.

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19

fnUlph, Alistair. "Environmental policy instruments and imperfectly competitive international trade." Environmental and Resource Economics 7, no. 4 (June 1996): 333–55. http://dx.doi.org/10.1007/bf00369623.

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20

Pietro Castagno LL.M., Niccolò. "Sustainable development and the international trade law paradigm." Journal of International Trade Law and Policy 13, no. 2 (June 10, 2014): 136–66. http://dx.doi.org/10.1108/jitlp-11-2013-0032.

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Purpose – The purpose of this paper is to analyse the cross-fertilization between environmental concerns and trade law, through an analysis of their primary texts and case law, and seek to what extent the concept of sustainable development is, or can be, embodied in such field of law. The question posed is whether the international trade law paradigm is well suited to implement the goals embodied in the concept of sustainable development. Design/methodology/approach – In giving a tentative answer to the said question, also through the analysis of some trade law reform proposals, the author advocates that international trade law and sustainable development not only can have compatible goals but that they are (if not, they shall be) inseparably related to one another, from both an economic policy perspective and a legal standpoint. Findings – The author concludes that the paradigms can be complementary to the extent that international trade law, while preserving a formal legal identity deriving from the current shape of its body of rules, has seen its application supporting and, eventually, giving sustainable development a normative force that it could not have achieved otherwise – and this, on a global and uniform scale. Although it may be contended that, after a preliminary survey of relevant international trade case law, this interaction is still a seed in its infancy and some changes must necessarily occur to make the trade paradigm keener and more effective in supporting environmental protection goals, the author argues that, given the difficulties in obtaining such changes, the existing trade paradigm structure has served (and will serve) sustainable development better than other paradigms, as a vehicle through which such concept can drive nations’ economic development more forcefully. Research limitations/implications – The paper contains a reasoned survey of the most important case law, outlining the main legal hurdles that the implementation of sustainable development encounters in the World Trade Organization (WTO) dispute settlement mechanism. Originality/value – The value of this paper stands in the reasoned approach to the legal issues underlying the matters involved, specifically with respect to the analysis of Article XX GATT. Moreover, it remarks the effects that a developed system like the WTO can have in promoting sustainable development, addressing some of the most recent reform proposals.

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21

Laryea, Emmanuel. "Facilitating paperless international trade: a survey of Law and Policy in Asia." International Review of Law, Computers & Technology 19, no. 2 (July 2005): 121–42. http://dx.doi.org/10.1080/13600860500131200.

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22

Exter, André den. "European Union Global Health Law." Право України, no. 2020/03 (2020): 17. http://dx.doi.org/10.33498/louu-2020-03-017.

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The European Union is an important player in global health issues. This paper firstly explains the concept of EU global health law and then examines a number of areas where the EU acts and may influence, directly or indirectly, global health issues (eg, trade, public health, health migration, development aid, and health security). What follows is an attempt to tie up the threads more systematically by advocating a Global Health Convention, based on human rights principles. Such a shared vision on global health law may help the EU and Member States to respond more effectively to global health challenges such as international trade, public health security and health threats. In line with EU Council Conclusions 2010, the focus is on four dominant areas of EU law, explained in more detail. The variety of measures and activities embodies: external trade and global health; EU health law and external relations; health migration and development initiatives; global health security: the emerging health/security nexus. Author conclude that examining the EU’s role in the global health debate, has revealed a ‘hodgepodge’ of legal issues, rather than a distinct body of rules reflecting a coherent framework of EU law. As a result, its role in the global health is largely influenced by other policy areas than health. What is missing is a common global health policy. Communication 2010 provided key elements of what reflects a fragmented, highly compartmentalised approach. Balancing international trade and other economic interests with global health issues requires a shared vision and strategy what is global health. Here, it is argued that the EU should take the lead in drafting such a common policy based on previous experiences in close collaboration with the key global health actor: the WHO. Formulating and implementing a global health treaty at Member State level, a Framework Convention on Global Health could respond to trade, in a more systematic and coherent manner, reflecting international health law principles and specifying State obligations.

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23

DEARDORFF, ALAN V. "Tribute for John H. Jackson." World Trade Review 15, no. 3 (June 1, 2016): 415–16. http://dx.doi.org/10.1017/s1474745616000185.

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I'm told that John Jackson was the world's foremost scholar on the law of international trade policy and institutions. Since all that I know of trade law I learned from John, I can only trust the opinions of others on that. But I know that John had an excellent understanding of, and appreciation for, the economics of international trade. And he put those together in both his writings and his advice to policymakers, through which he had a profound influence on the development of the institutions of trade policy that we enjoy today.

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Kalt, Joseph P. "Exhaustible resource price policy, international trade, and intertemporal welfare." Journal of Environmental Economics and Management 17, no. 2 (September 1989): 109–26. http://dx.doi.org/10.1016/0095-0696(89)90026-0.

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25

Zimmermann, Claus D. "Exchange Rate Misalignment and International Law." American Journal of International Law 105, no. 3 (July 2011): 423–76. http://dx.doi.org/10.5305/amerjintelaw.105.3.0423.

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History is replete with examples where states have interfered with foreign exchange markets in order to influence exchange rates. The trade conflicts between the two world wars, for instance, were fought not only via the imposition of tariffs, but also via competitive devaluations. Since then, straightforward competitive devaluations have become a rare phenomenon; contemporary scenarios, in which exchange rate policies are criticized for their potentially protectionist impact, tend to be much more sophisticated. The exchange rate policy followed by China is certainly the outstanding, yet not exclusive, example. In recent years policymakers worldwide have criticized China for maintaining an undervalued real exchange rate as part of its strategy of export-led growth.

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26

Stegemann, Klaus. "Policy rivalry among industrial states: what can we learn from models of strategic trade policy?" International Organization 43, no. 1 (1989): 73–100. http://dx.doi.org/10.1017/s0020818300004562.

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The economic theory of international trade has changed dramatically over the last decade by admitting into its mainstream a body of literature that focuses on the implications of monopolistic and oligopolistic elements in international markets. By applying the tools of the “new” industrial organization in an international context, two new classes of models have emerged: models of intra-industry trade and models of strategic trade policy. The policy implications of models of strategic trade policy were quite disturbing for the economics profession, since these models demonstrated that the classical harmony between national and cosmopolitan welfare maximization does not exist if one assumes opportunities for strategic manipulation of oligopolistic international industries. This article reviews two prominent models of strategic trade policy—the Brander-Spencer model and the Krugman model—and relates them to more familiar earlier concepts, such as Stackelberg's asymmetrical duopoly solution and the venerable infant-industry argument for government intervention. The primary purpose of this article, however, is to provide a synopsis of the large literature addressing the question of whether models of strategic trade policy can give guidance for government policy.

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DeSombre, Elizabeth R., and J. Samuel Barkin. "Turtles and Trade: The WTO's Acceptance of Environmental Trade Restrictions." Global Environmental Politics 2, no. 1 (February 1, 2002): 12–18. http://dx.doi.org/10.1162/152638002317261445.

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The sea turtle has become an icon ofenvironmentalist opposition to the World Trade Organization. Two decisions by the WTO in 1998 against a United States law intended to force other countries to adopt more turtle-friendly rules attracted widespread attention. A third decision in 2001 which supported the US law, however, went almost entirely unnoticed. A closer examination ofthe three decisions suggests that the WTO willingly accepts the idea ofenvironmental restrictions to international trade applied unilaterally by countries. But it requires that the restrictions be fairly applied and nondiscriminatory, show signs of being effective, and be accompanied by efforts to deal with the environmental issue cooperatively. These are all requirements that environmentalists should find unobjectionable. As such, the cause of more effective international environmental management might better be served ifenvironmental activists and NGOs worked with the WTO rather than reacting automatically against it.

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Grote, Ulrike, Eric Craswell, and Paul Vlek. "Nutrient flows in international trade: Ecology and policy issues." Environmental Science & Policy 8, no. 5 (October 2005): 439–51. http://dx.doi.org/10.1016/j.envsci.2005.05.001.

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Czyżowicz, Wiesław, and Ewa Gwardzińska. "Sustainable Development in the Customs Policy and Law." Przegląd Prawno-Ekonomiczny, no. 3 (September 21, 2021): 9–28. http://dx.doi.org/10.31743/ppe.12480.

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The article describes the contribution of customs to the implementation of sustainable development goals included in the UN 2030 Agenda. The paper presents the historical outline of the sustainable development concept and explains how basic tasks performed by customs contribute to the achievement of these goals. World Customs Organization plays an important role in activities for sustainable development, especially its numerous political and practical initiatives, including international operations of customs services aimed at combating environmental crime. The article analyzes also the EU customs regulations and activities of the EU Member States’ customs services. The decisive role of customs in controlling the compliance with the sustainable development requirements related to international trade in goods as well as a need for wider cooperation with other control services and business is emphasized.

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Sykes, A. "Comparative advantage and the normative economics of international trade policy." Journal of International Economic Law 1, no. 1 (March 1, 1998): 49–82. http://dx.doi.org/10.1093/jiel/1.1.49.

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Neary, J. Peter. "International Trade and the Environment: Theoretical and Policy Linkages." Environmental & Resource Economics 33, no. 1 (December 2, 2005): 95–118. http://dx.doi.org/10.1007/s10640-005-1707-4.

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Pavlović, Zoran. "Existing of transnational public policy." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 142–47. http://dx.doi.org/10.5937/gakv0004142p.

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In this paper, the author analyses the implementation of law and justice in the procedure of international commercial arbitration, finding its true relation with the rules of recent lex mercatoria. He also expands definition of international public policy with institutes of communitary and truly or really international public policy. They represent fundamental values and to fully protect them is to enable liberalism and economic cosmopolitanism in international trade. In order to achieve this goal, additional improvement of these values by state courts is firmly advised.

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Chiang, Yuan-Chen Jessica. "Parallel Importation of Copyright Products in Taiwan: A Struggle with International Trade Policy." Journal of World Intellectual Property 13, no. 6 (November 2010): 744–69. http://dx.doi.org/10.1111/j.1747-1796.2010.00402.x.

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Harrison, Kathryn. "International Carbon Trade and Domestic Climate Politics." Global Environmental Politics 15, no. 3 (August 2015): 27–48. http://dx.doi.org/10.1162/glep_a_00310.

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This article theorizes about the implications for domestic climate politics of three distinct roles countries play in the global carbon supply chain: fossil fuel producer, manufacturer of carbon-intensive goods, and final consumer. Because international responsibility is assigned to territorial emissions, countries at either end of the global supply chain effectively evade environmental responsibility by shifting fossil fuel combustion to manufacturing countries. In so doing, they lessen the political challenges of reducing domestic emissions. Although exporters of carbon-intensive goods are reluctant to disadvantage local producers, importers can craft policies that both reduce territorial emissions and create local jobs. Ironically, fossil fuel exporters can emerge as leaders in reducing their own territorial emissions, a finding illustrated by case studies of British Columbia and Norway. The conclusion argues that shifting responsibility for carbon emissions to the point of either final consumption or fossil fuel extraction could facilitate an international climate agreement.

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Abaidoo, Rexford. "Policy uncertainty and dynamics of international trade." Journal of Financial Economic Policy 11, no. 1 (April 1, 2019): 101–20. http://dx.doi.org/10.1108/jfep-02-2018-0034.

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PurposeThis study aims to empirically examine how economic policy uncertainty emanating from three major global economic blocks (the US, the Chinese and the European Union) and volatility in global oil prices influence international trade.Design/methodology/approachThe study uses quarterly data spanning the period between 1995 and 2014 in an autoregressive distributed lag framework.FindingsThis study finds that economic policy uncertainty conditions associated with the US and the Chinese economies tend to have significant negative or constraining impact on key components of international trade. Further analysis suggests that between the two leading economies (the US and the Chinese economies), economic policy uncertainty emanating from the US economy tend to have much more constraining impact on dynamics of international trade than the Chinese economy all things being equal.Practical implicationsThis study’s findings carry significant strategic planning and policy implications for international trade dependent firms or corporations and economies. For instance, for multi-national corporations or firms whose products and services depend heavily on cross-border trade, understanding and taking into consideration prevailing economic policy dynamics emanating from the US and the Chinese economies in product and services demand forecast, and other strategic moves could be critical in minimizing potential adverse effects on projected performance or growth targets.Originality/valueThe uniqueness of this study’s approach stems from its assessment of how perception of uncertainty among economic agents about economic policies originating from three noted global economic blocks impacts international trade. In other words, instead of traditional factors or conditions surmised to influence variability in trend associated with international trade found in related studies, this study rather examines how perceptions of uncertainty about prevailing or yet to be enacted economic policy within specific global economic block impacts international trade.

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Koutrakos, Panos. "The Autonomy of eu Law and International Investment Arbitration." Nordic Journal of International Law 88, no. 1 (March 11, 2019): 41–64. http://dx.doi.org/10.1163/15718107-088010003.

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This article argues that, in the context of international investment law, the principle of autonomy need not be construed as broadly as the recent judgment in Achmea suggested. The Court’s approach in this case is formalist, inward looking and hostile to the harmonious co-existence between eu and international law. The article argues, however, that this conception of autonomy should be confined to the specific legal and policy context of investment agreements between Member States of the Union. A careful reading of Achmea supports this view. There are also sound conceptual, legal, and policy reasons that militate for a more open approach to autonomy when it comes to the Union’s trade agreements with third countries.

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Roberts, Anthea, Henrique Choer Moraes, and Victor Ferguson. "Toward a Geoeconomic Order in International Trade and Investment." Journal of International Economic Law 22, no. 4 (November 25, 2019): 655–76. http://dx.doi.org/10.1093/jiel/jgz036.

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Abstract Recent developments suggest that the international economic order is transitioning away from the Neoliberal Order that has flourished for much of the post-Cold War period toward a new Geoeconomic Order. The shift to this new order, which is characterized by a growing ‘securitisation of economic policy and economisation of strategic policy’, will likely see the rules, norms, and institutions of international trade and investment law undergoing significant change. We expose the differences in the underlying logic of these orders, explore how this shift is being driven by the emerging USA–China tech/trade war, and consider the consequences of this transition for global economic governance.

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Smil, Vaclav. "CHina's potential in international coal trade." Energy Policy 16, no. 3 (June 1988): 318–20. http://dx.doi.org/10.1016/0301-4215(88)90163-2.

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HAUSMAN, JERRY A., and JEFFREY K. MACKIE-MASON. "INNOVATION AND INTERNATIONAL TRADE POLICY: SOME LESSONS FROM THE US." Oxford Review of Economic Policy 4, no. 4 (1988): 56–72. http://dx.doi.org/10.1093/oxrep/4.4.56.

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Daly, Jack, and Ratana Chuenpagdee. "Community responses to international trade policy: A Newfoundland case study." Ocean & Coastal Management 206 (June 2021): 105578. http://dx.doi.org/10.1016/j.ocecoaman.2021.105578.

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Halomoan, Kristianto. "International Trade Law and Domestic Policy in Indonesia as Developing Countries a lesson learn from Indonesian Mining Policy." International Journal of Private Law 9, no. 3 (2018): 1. http://dx.doi.org/10.1504/ijpl.2018.10015913.

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Mansfield, Edward D., and Eric Reinhardt. "International Institutions and the Volatility of International Trade." International Organization 62, no. 4 (October 2008): 621–52. http://dx.doi.org/10.1017/s0020818308080223.

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During the past half-century, states have established a large number of international trade institutions, both multilateral and regional in scope. The existing literature on this topic emphasizes that these agreements are chiefly designed to liberalize and increase the flow of overseas commerce. Yet such institutions have another function that has been largely ignored by researchers, namely, reducing volatility in trade policy and trade flows. Exposure to global markets increases the vulnerability of a country's output to terms of trade shocks. Governments seek to insulate their economies from such instability through membership in international trade institutions, particularly the World Trade Organization (WTO) and preferential trading arrangements (PTAs). We hypothesize that these institutions reduce the volatility of overseas commerce. We further hypothesize that, because market actors prefer price stability, trade institutions increase the volume of foreign commerce by reducing trade variability. This article conducts the first large-scale, multivariate statistical tests of these two hypotheses, using annual data on exports for all pairs of countries from 1951 through 2001. The tests provide strong support for our arguments. PTAs and the WTO regime significantly reduce export volatility. In so doing, these institutions also increase export levels.

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Svoboda, Ondřej. "Julien Chaisse (ed.): China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy." Czech Journal of International Relations 55, no. 2 (June 1, 2020): 73–75. http://dx.doi.org/10.32422/mv.1697.

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The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.

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Holtom, Paul. "The International Arms Trade." Global Policy 2, no. 2 (May 2011): 237–38. http://dx.doi.org/10.1111/j.1758-5899.2011.00084_2.x.

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Preeg, Ernest H., Gary Hufbauer, Barbara Kotschwar, Simon Serfaty, Marcello de Gecco, and Werner Weidenfeld. "Policy forum: Transatlantic free trade." Washington Quarterly 19, no. 2 (June 1996): 102–33. http://dx.doi.org/10.1080/01636609609550199.

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Fasan, Olu. "Global Trade Law: Challenges and Options for Africa." Journal of African Law 47, no. 2 (October 2003): 143–73. http://dx.doi.org/10.1017/s0021855303002079.

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The Uruguay Round of trade negotiations, completed in 1994, has fundamentally transformed the legal landscape of the world trading system, making the WTO arguably the most powerful international economic institution in the world. Yet, the systemic problems that have dogged the WTO since its establishment in 1995 have their roots in the nature of this transformation and its implications for developing countries, especially African states. Developing countries, hitherto excluded from GATT rules, became subject to expanded WTO legal rules and disciplines on a range of new areas, including services, intellectual property rights and investment measures. The possibility of deepening and widening the rule-base of the trade regime is also likely with the Doha agenda, which includes possible negotiations on new rules dealing with investment, competition policy, trade facilitation, and transparency in government procurement.Clearly, the increasing legalization and internationalization of trade rules have implications for weak states. International legalization involves sophisticated bargaining where power relations play a significant role. The purpose of this article is to explore, in the context of some of the theories of international law and political economy, how the preferences and interests of African countries are reflected in international rule making that involves both weak and powerful states. The article traces the institutional and legal evolution of the world trading system and how African countries have been affected by these developments. The new Doha agenda is examined with a view to establishing whether it holds out any real hope of redressing the imbalances in the system. Finally, suggestions are made as to how global trade rules can be fair, and therefore made to work for poor states.

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Castro, Arachu, and Michael Westerhaus. "Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements." Cadernos de Saúde Pública 23, suppl 1 (2007): S85—S96. http://dx.doi.org/10.1590/s0102-311x2007001300010.

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The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.

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Tamayo-Álvarez, Rafael. "The Strategic Use of International Investment Law in Colombia – Textiles: Navigating within the International Regime Complex for Development." Law and Development Review 13, no. 1 (February 25, 2020): 31–58. http://dx.doi.org/10.1515/ldr-2018-0080.

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AbstractTrade-based money laundering (TBML) is a major concern in Colombia, where criminal organisations employ under-invoicing to conceal drug-trafficking proceeds. In response, Colombia imposed a compound tariff on certain Panamanian importations that were considered linked to this phenomenon. Alleging that the policy measure infringed Colombia’s tariff concessions, Panama activated the World Trade Organisation (WTO) dispute settlement mechanism. The dispute revolved around Article II:1 of the General Agreement on Tariff and Trade 1994. Colombia argued that this norm should be interpreted as to encompass licit trade only. Colombia looked for normative support in the investment treaty regime by establishing a parallel between undervalued imports and illegal investments. Therefore, just as investment treaty tribunals abstain from extending international legal protection to illegal investments, the WTO adjudicating bodies should not extend tariff concessions to importations linked to TBML activities. This article contends that by transplanting a more favourable doctrine of legality from the investment treaty regime to the multilateral trade regime, Colombia engaged in strategic regime shifting. Accordingly, drawing on regime complexes analysis, the article argues that by considering development a common issue-area, it is possible to articulate strategic connections between both regimes.

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Lebedeva, L. F. "U. S. FOREIGN TRADE RESTRICTIONS UNDER UNSTABLE DYNAMICS OF INTERNATIONAL TRAD E." International Trade and Trade Policy 7, no. 1 (March 26, 2021): 18–26. http://dx.doi.org/10.21686/2410-7395-2021-1-18-26.

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The paper describes factors that lead to the United States trade restrictions, particularly export control at the end of the second decade; the challenges of the United States policy, prospects for international trade relations. World trade is expected to grow this year after reducing in the previous one. The outlook for trade development remains with a large degree of uncertainty due to economic, financial risks, effects of struggle against pandemia; national policies. The US trade restriction policies are in focus. Besides imposing import tariffs; controlling exports of software, sensitive equipment, technology has been transformed under Trump’s administration in the context of national security, foreign policy objectives. Limiting access to the most sensitive U.S. technology has been putting in practice along with new export controls on software; restrictions on the emerging and foundational technologies. Export Control Reform that was passed by Congress and signed into law by President Trump has determined a new stage in US policy and may bring more uncertainty as concerning relations with other countries.

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Day, James. "Participatory Democracy in EU and Australia International Investment Law Policy Processes." University of Notre Dame Australia Law Review 18, no. 1 (2016): 20–71. http://dx.doi.org/10.32613/undalr/2016.18.1.2.

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This paper turns to the popular field of international investment law, but rather than assessing the consequences of the various bilateral and free trade agreements that dominate this area, it looks at how these agreements are made. Particularly, in an area that is perceived as wanting in legitimacy, it analyses the structures that are involved in making these agreements and assesses them against principles of participatory democracy. Using three participatory sub-principles of openness, inclusiveness and responsiveness as benchmarks, it comments on just how involved the people of the EU and Australia are in making their respective international investment law policies. It uses the recent and ongoing TTIP and TTP negotiations as principal case studies. Ultimately, it concludes that, while both subjects inherit strong foundations for the participation of its people and their processes are not as dismissive as is perhaps publicly perceived, both have a way to go in being truly participatory.

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