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Journal articles on the topic 'International Trade Regulation'

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Published: 4 June 2021
Last updated: 29 May 2022

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1

Wang, Qingran, Haibin Wu, Jun Xu, and Jiaren Pang. "Entry regulation and international trade." Applied Economics Letters 24, no. 3 (2016): 182–85. http://dx.doi.org/10.1080/13504851.2016.1176105.

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2

Woodside, Kenneth, Michael J. Trebilcock, and Robert Howse. "The Regulation of International Trade." Canadian Public Policy / Analyse de Politiques 22, no. 2 (1996): 197. http://dx.doi.org/10.2307/3551921.

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3

Christensen, Eric. "LAWPesticide Regulation and International Trade." Environment: Science and Policy for Sustainable Development 32, no. 9 (1990): 2–45. http://dx.doi.org/10.1080/00139157.1990.9929050.

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4

Sartzetakis, Eftichios Sophocles, and Christos Constantatos. "Environmental regulation and international trade." Journal of Regulatory Economics 8, no. 1 (1995): 61–72. http://dx.doi.org/10.1007/bf01066600.

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5

Foros, Øystein, Hans Jarle Kind, and Lars Sørgard. "Domestic Regulation and International Trade." Journal of Industry, Competition and Trade 9, no. 1 (2008): 1–16. http://dx.doi.org/10.1007/s10842-008-0032-3.

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6

Hansen, Wendy L. "The International Trade Commission and the Politics of Protectionism." American Political Science Review 84, no. 1 (1990): 21–46. http://dx.doi.org/10.2307/1963628.

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I analyze the governmental regulation of internationally traded goods produced by U.S. industries. General theories of regulation—most notably “capture” theories and the theory of “congressional dominance”—are used to analyze the decision-making behavior of the U.S. International Trade Commission, which plays a major role in approving and providing tariffs, quotas, and various types of nontariff trade barriers sought by these industries. Unlike previous studies, this one simultaneously accounts for both the supply and demand sides of trade regulation. This work seeks to predict, on a basis of domestic politics, the factors that affect the demand for, and supply of, trade protection for U.S. industries. The methodology consists of applying a nested logit framework to capture the decision behavior of the International Trade Commission and industries simultaneously. The analysis shows that industries do appear to self-select themselves in applying for protection from the International Trade Commission. In light of these findings, it appears that trade protection is subject to domestic political forces similar to those affecting other regulatory policy areas.
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7

Humirov, O. I. "INTERNATIONAL LEGAL REGULATION OF TRADE UNIONS." Law Bulletin, no. 18 (2021): 103–8. http://dx.doi.org/10.32850/lb2414-4207.2021.18.13.

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8

VIGANI, MAURO, VALENTINA RAIMONDI, and ALESSANDRO OLPER. "International trade and endogenous standards: the case of GMO regulations." World Trade Review 11, no. 3 (2012): 415–37. http://dx.doi.org/10.1017/s1474745612000262.

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AbstractThis paper quantifies the effect of GMO regulation on bilateral trade flows of agricultural products. We develop a composite index of GMO regulations and using a gravity model we show that bilateral differences in GMO regulation negatively affect trade flows. This effect is especially driven by labeling, approval process, and traceability. Our results are robust to the endogeneity of GMO standards to trade flows.
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9

Bangura, Kadijatu Zainab, and Abraham Zaqi Kromah. "An Overview of the WTO’s Plurilateral Agreement on Services Domestic Regulation." Global Trade and Customs Journal 17, Issue 4 (2022): 177–82. http://dx.doi.org/10.54648/gtcj2022023.

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TheWTO’s General Agreement on Trade in Services (GATS), which has been in effect since 1995, has been used byWTO Members to facilitate increased growth in trade in services by regulating global transactions on trade in services in line with the specific commitments undertaken by everyWTO Member in the GATS. However, growth in trade in services has been clouded by significant barriers to trade in services that continue to exist in many countries in the form of unintended trade-restrictive measures across most services sectors, obscure regulations, and burdensome regulatory procedures. The successful conclusion of the Reference Paper on services domestic regulation is an effort to reduce these barriers and further stimulate trade in services. WTO, GATS, Services Domestic Regulation, Joint Initiative, Plurilateral Declaration, Negotiated Disciplines, regulatory processes, Reference Paper, barriers to services trade, predictability and transparency
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10

Vogel, David. "The Environment and International Trade." Journal of Policy History 12, no. 1 (2000): 72–100. http://dx.doi.org/10.1353/jph.2000.0009.

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This article examines the increasingly important and often contentious relationship between international trade and environmental regulation in the United States. It begins by explaining why these two policy areas have recently become more interdependent and then explores some of the specific controversies surrounding the contemporary linkages between trade policy and environmental regulation. The article concludes by analyzing the long-term political and economic impact of the relationship between trade and environmental policy.
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van den Burg, Matthijs P., Isabel M. Vique Bosquet, and Jennifer C. Daltry. "Urgent International Action Needed to Tackle Illegal Pet Trade in Caribbean Iguana Populations." Conservation 2, no. 2 (2022): 244–47. http://dx.doi.org/10.3390/conservation2020016.

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Lizards in the Neotropical genus Iguana are heavily traded for the international pet trade, with unusual colour morphs and rare species commanding high prices. Recent research aimed to understand the taxonomy and phenotypic variation of Iguana in the Lesser Antilles, with those populations now severely threatened by this trade. Although the entire Iguana genus has been on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Appendix II since 1977, current levels of trade regulation are proving to be inadequate for the Caribbean Iguana populations, which are declining. This paper presents the case for immediately halting regional commercial trade to safeguard the most vulnerable island populations. We further provide recommendations for trade regulations of other species complexes where the nomenclature used in legislation and the trade industry fall temporarily out of step with new taxonomic changes.
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12

Yamakawa, Toshikazu. "GMO Trade and the International Regulation Structure and Perspective of the International Regulations." International Economy 2007, no. 58 (2007): 69–89. http://dx.doi.org/10.5652/kokusaikeizai.2007.69.

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13

Staiger, Robert W., and Alan O. Sykes. "International Trade, National Treatment, and Domestic Regulation." Journal of Legal Studies 40, no. 1 (2011): 149–203. http://dx.doi.org/10.1086/658402.

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14

Zacher, Mark W. "Trade gaps, analytical gaps: regime analysis and international commodity trade regulation." International Organization 41, no. 2 (1987): 173–202. http://dx.doi.org/10.1017/s0020818300027430.

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Studies of international regimes have sought to describe international collaborative arrangements in more systematic terms than in the past, and to analyze their development in terms of major schools of international relations theory. This article refines the commonly used definition of regimes and elucidates the major hypotheses of one theoretical school, structural realism. The strength and nature of the international commodity trade regime are systematically described, and their development is analyzed in terms of the major hypotheses of structural realism. In large part, these hypotheses are supported by the analysis of what is a relatively weak international regime.
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15

Winslett, Gary. "How Regulations Became the Crux of Trade Politics." Journal of World Trade 50, Issue 1 (2016): 47–70. http://dx.doi.org/10.54648/trad2016005.

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Whereas tariffs were once the main barrier to international trade, cross-national differences in regulation now constitute the most significant impediment to trade and are therefore the centrepiece issues in contemporary trade negotiations. That change has profound implications for the global economy and for international political economy scholarship. This article explains how that change occurred in order to explore how the incorporation of regulation affects trade and illuminate the politics that surround the negotiation over these regulatory trade barriers. As tariffs and other non-regulatory measures were reduced, the extent to which cross-national differences in regulation impeded trade became more apparent, especially to multinational firms which pushed for attenuations of these regulatory trade barriers. Once regulations became the subject of trade negotiations in the 1980s, civil society groups with a vested interested in those regulations became involved in trade politics to a greater degree than ever before. These developments have shaped the major trade negotiations underway today and are likely to remain at the centre of trade politics for the foreseeable future.
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16

McDONALD, JAN. "Domestic regulation, international standards, and technical barriers to trade." World Trade Review 4, no. 2 (2005): 249–74. http://dx.doi.org/10.1017/s1474745605002387.

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There is growing concern over the use of domestic product regulations as technical barriers to trade on the one hand, and the WTO's incursion into domestic regulatory autonomy on the other. The TBTA seeks to balance competing interests – acknowledging but disciplining Members' regulatory control over traded goods. The effectiveness of these disciplines is limited by the exclusion of many modern domestic regulations from the scope of the TBTA; the surest way to prevent abuse of process-based product specifications is to subject them to the TBTA's disciplines. The WTO dispute settlement tribunals have affirmed the importance of the use or adoption of international standards. While Members are still entitled to introduce their own measures in some circumstances, the emphasis on international standards raises the status of standard-setting bodies. Despite their important new role, the composition, accountability, and decision-making procedures have so far escaped the kind of civil society scrutiny to which WTO deliberations are now subject. To achieve the TBTA's harmonization objectives, the development, and use of international standards and their legal recognition within the WTO regime should be revised to safeguard legitimate non-trade regulatory objectives.
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17

Tsurumi, Tetsuya, Shunsuke Managi, and Akira Hibiki. "Do Environmental Regulations Increase Bilateral Trade Flows?" B.E. Journal of Economic Analysis & Policy 15, no. 4 (2015): 1549–77. http://dx.doi.org/10.1515/bejeap-2014-0164.

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Abstract The argument that stringent environmental regulations are generally thought to harm export flows is crucial when determining policy recommendations related to environmental preservation and international competitiveness. By using bilateral trade data, we examine the relationships between trade flows and various environmental stringency indices. Previous studies have used energy intensity, abatement cost intensity, and survey indices for regulations as proxies for the strictness of environmental policy. However, they have overlooked the indirect effect of environmental regulations on trade flows. If the strong version of the Porter hypothesis is confirmed, we need to consider the effect of environmental regulation on gross domestic product (GDP), because GDP induced by environmental regulation affects trade flows. The present study clarifies the effects of regulation on trade flows by distinguishing between the indirect and direct effects. Our results indicate an observed non-negligible indirect effect of regulation, implying that the overall effect of appropriate regulation benefits trade flows.
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18

Cottier, T. "International Economic Law in Transition from Trade Liberalization to Trade Regulation." Journal of International Economic Law 17, no. 3 (2014): 671–77. http://dx.doi.org/10.1093/jiel/jgu029.

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19

Harianto, Aries. "Regulating Foreign Labor in Emerging Economies: Between National Objectives and International Commitments." Academic Journal of Interdisciplinary Studies 10, no. 3 (2021): 384. http://dx.doi.org/10.36941/ajis-2021-0092.

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The dialectics of the regulation of foreign workers, is a problematic indication as a legal problem in Indonesian legislation. This article aims to describe the urgency of critical studies concerning the regulation of foreign workers by exploring existing legal problems with national commitments to ratify international agreements regarding free trade, with a case study in Indonesia. By using normative and juridical approach with a variety of approaches both the law approach, conceptual approach, case approach and comparative approach, the study found that the regulation there is an inconsistency clause regarding special competencies that must be owned by foreign workers, including the selection and use of terminology in Act No. 13 of 2003 concerning Manpower. Thus, this study offers a constitutional solution due to the regulation of the subordinate foreign workers on international trade commitments which in turn negate the constitutional goals of creating the welfare of domestic workers. The normative consequences that immediately bind Indonesia after integrating itself in the World Trade Organization (WTO) membership are services trade agreements that are contained in the regulations of the General Agreement on Trade in Services (GATS). Based on the GATT/WTO rules, national legislation or labor regulations that are too protective are considered to violate WTO provisions because the WTO substantially requires the creation of policies without discrimination in all matters including equalizing the position of foreign workers and domestic workers. The final finding of this study offers to draft the concept of future regulation regarding the regulation of foreign workers who are loaded with elements of the objectives of constitutional-based law.
 
 Received: 25 September 2020 / Accepted: 9 April 2021 / Published: 10 May 2021
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20

Jaspers, Nico. "How to Avoid International Trade Conflicts." European Journal of Risk Regulation 1, no. 2 (2010): 167–73. http://dx.doi.org/10.1017/s1867299x00000301.

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This section is meant to give readers an insight into the emerging field of nanotechnologies and risk regulation. It informs and updates readers on the latest European and international developments in nanotechnologies and risk regulation across different sectors (e.g., chemicals, food, cosmetics, pharmaceuticals) and policy areas (e.g., environmental protection, occupational health and consumer product, food and drug safety). The section analyzes how existing regulatory systems deal with new kinds of risks and reviews recent regulatory developments with a focus on how best to combine scientific freedom and technological progress with a responsible development and commercialization of nanotechnologies.
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21

Dukhnytskyi, Bohdan. "The main aspects of international agricultural trade regulation." Ekonomika APK, no. 4 (April 26, 2019): 74–80. http://dx.doi.org/10.32317/2221-1055.201904074.

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22

Abe, Kenzo, Keisuke Hattori, and Yoshitaka Kawagoshi. "Trade Liberalization and Environmental Regulation on International Transportation." Japanese Economic Review 65, no. 4 (2014): 468–82. http://dx.doi.org/10.1111/jere.12044.

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23

Tarullo, Daniel K. "Beyond Normalcy in the Regulation of International Trade." Harvard Law Review 100, no. 3 (1987): 546. http://dx.doi.org/10.2307/1341113.

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24

Steininger, Karl. "International trade regulation and sustainable development: An outlook." Intereconomics 31, no. 6 (1996): 291–300. http://dx.doi.org/10.1007/bf02928610.

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25

Luff, David. "International Trade Law and Broadband Regulation: Towards Convergence?" Competition and Regulation in Network Industries 3, no. 2 (2002): 239–71. http://dx.doi.org/10.1177/178359170200300206.

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26

Yakovchenko, Viktoriia. "TRANSPARENCY PROVIDING FOR INTERNATIONAL TRADE REGULATION WITHIN GATT / WTO." Economic Analysis, no. 28(1) (2018): 99–104. http://dx.doi.org/10.35774/econa2018.01.099.

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The article deals with the main principles of the WTO agreements as for the trade in goods and services that provide for transparency. The importance of the factor of transparency for the development of international trade is analysed. The main mechanisms for ensuring the transparency of regulation of international trade at the national and multilateral level are determined. The obligations of WTO members to respect the principle of transparency are outlined. The main problems of application of the principle of WTO transparency in the field of bilateral free trade agreements are considered.
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27

YANOVYTSKA, Anna, and Halyna YANOVYTSKA. "Legal Regulation of Perishable Foodstuffs Transportation." Journal of Advanced Research in Law and Economics 10, no. 7 (2019): 2162. http://dx.doi.org/10.14505/jarle.v10.5(43).30.

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One of the important areas of development of the state and private economic situation is international trade. Such trade depends on international treaties, the functioning of transport. The article is devoted to the research of legal regulation of carriage of perishable foodstuffs by road. The problems of application of international conventions (CMR and ATP) and other regulatory acts to such transportation are identified. Possible ways of solving such problems concerning transportation within the country and abroad are suggested. To conduct this study, methods of logical analysis, dogmatic analysis, the historical and legal method, and the method of systematic structural analysis are used. As a result of the study, a system of international transportation of perishable food products was presented, prospects, trends and key areas for improving international trade agreements were identified.
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28

Thorstensen, Vera, and Carolina Müller. "HOW DOES INTERNATIONAL TRADE REGULATION ADDRESSES EXCHANGE RATES MEASURES?" Revista Direito GV 10, no. 2 (2014): 379–416. http://dx.doi.org/10.1590/1808-2432201416.

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ABSTRACT This is study seeks to analyze the international trade regulatory framework regarding exchange rate measures that bear an impact on trade. The present article will explore how the exchange rate issue relates to the WTO and affects its instruments and principles and, in the following, will look for provisions under the WTO agreements that could address the exchange rate issue and rebalance the impacts caused by misaligned currencies on trade.
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29

Karimov, N. "International Relations and Audit Process of Import Operations." Bulletin of Science and Practice 5, no. 12 (2019): 316–23. http://dx.doi.org/10.33619/2414-2948/49/37.

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This article reveals the development of foreign economic activity in Uzbekistan, international relations and the audit process of import operations. It also sets out the legal basis for regulating foreign trade transactions carried out on the basis of international law and the terms of the foreign trade contract of sale. Foreign trade operations have also been studied, which have significant features due to legal regulation, the composition of foreign economic transactions, the procedure for fulfilling obligations under contracts and the system of applied calculations, which imposes additional requirements for accounting, analysis and audit.
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Jain, Abhimanyu George. "Derivatives as a Test Case for International Financial Regulation through the WTO." Journal of World Trade 48, Issue 1 (2014): 135–65. http://dx.doi.org/10.54648/trad2014006.

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Can the WTO play a role in international financial regulation? This paper examines that question focusing specifically on the regulation of international derivatives, reasoning that if that complex and controversial category of instruments can be successfully regulated, international financial regulation generally is theoretically possible. It goes on to describe how such regulation may be achieved through the World Trade Organization (WTO) employing the General Agreement on Trade in Services (GATS) framework, and then demonstrates that the vesting of such regulatory authority in the WTO is in the interests of international finance, international trade and international economic relations generally.
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Mahoney, Eileen. "Trade and international telecommunications policy." Gazette (Leiden, Netherlands) 50, no. 2-3 (1992): 193–216. http://dx.doi.org/10.1177/001654929205000206.

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Development of trade rules for international telecommunications within the ongoing General Agreement on Tariffs and Trade (GATT) negotiations and the recently- concluded North American Free Trade Agreement represent a significant shift in policymaking. Historically, telecommunication has been the responsibility of national governmental authorities, whether through public sector service provision or regulation. However, the increasing incorporation of communication and information resources into the transnational corporate economy in the past two decades has prompted efforts to shift control to the private sector. This study analyses the impact of a trade framework for telecommunications services on international and national policy-making.
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Gambarova, R., and S. Gambarova. "DEVELOPMENT DIRECTIONS OF AZERBAIJAN'S FOREIGN TRADE REGULATION." EurasianUnionScientists 7, no. 9(78) (2020): 14–19. http://dx.doi.org/10.31618/esu.2413-9335.2020.7.78.1026.

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Foreign economic relations include foreign trade, foreign lending and borrowing, attraction of foreign investment, participation in international production cooperation, implementation of joint research programs, etc. is a system of economic relations. The development of national economies of countries trying to build a market system in modern times is closely linked not only with domestic opportunities, but also with the effective use of foreign trade, which is the main form of international economic relations. In this regard, the article shows and analyzes the current state of the country's foreign trade relations.
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Dorweiler, Vernon P., and Mehenna Yakhou. "Corporate governance: an international comparison." Corporate Ownership and Control 5, no. 1 (2007): 219–24. http://dx.doi.org/10.22495/cocv5i1c1p6.

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Commerce has reached a global basis. Either trade regulation has eased, or deployment of production facilities has been adopted. Laws and regulations limit commercial practices in individual countries. Below the level of commerce is control of corporations, internally and externally; that is corporate governance. This research is to explore corporate governance, as laws and regulations enforcing control of corporations on a comparative global basis with commerce. While the scope of the research is broad, descriptions are specific to corporate purposes
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34

Lee, Eun Sup. "Regulation of International Trade in Korea under the WTO Mechanism." Victoria University of Wellington Law Review 28, no. 3 (1998): 513. http://dx.doi.org/10.26686/vuwlr.v28i3.6064.

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This article discusses the development of the trade laws of the Republic of Korea and the important features of the Foreign Trade Act (amended substantially in 1996) and demonstrates the legislative efforts made by the Korean Government to open the domestic market and establish the fair trade system and practices which have been demanded by WTO and major trading partners.
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35

Ostry, Aleck S. "International Trade Regulation and Publicly Funded Health Care in Canada." International Journal of Health Services 31, no. 3 (2001): 475–80. http://dx.doi.org/10.2190/mt8d-h4ec-jkme-3kd3.

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The World Trade Organization (WTO) creates new challenges for the Canadian health care system, arguably one of the most “socialized” systems in the world today. In particular, the WTO's enhanced trade dispute resolution powers, enforceable with sanctions, may make Canadian health care vulnerable to corporate penetration, particularly in the pharmaceutical and private health services delivery sectors. The Free Trade Agreement and its extension, the North American Free Trade Agreement, gave multinational pharmaceutical companies greater freedom in Canada at the expense of the Canadian generic drug industry. Recent challenges by the WTO have continued this process, which will limit the health care system's ability to control drug costs. And pressure is growing, through WTO's General Agreement on Trade in Services and moves by the Alberta provincial government to privatize health care delivery, to open up the Canadian system to corporate penetration. New WTO agreements will bring increasing pressure to privatize Canada's public health care system and limit government's ability to control pharmaceutical costs.
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36

Gürcan, Bedrettin. "Application of Blockchain Technology to the International Trade and Customs Regulation." Central and Eastern European eDem and eGov Days 341 (March 17, 2022): 409–17. http://dx.doi.org/10.24989/ocg.v341.30.

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Blockchain is a technology, which has several advantages to be used in quite wide areas such as payment solutions to transportation. Using blockchain technology in international trade may have impressive promises and potentials.
 In our research, we aim to discuss the potential and existing implementation of blockchain technology into international trade and customs practices. It is important to make comprehensive due diligence of the blockchain technology to determine which functions of the blockchain technology can be implemented in the international trade environment.
 In this paper, we put forward to claim that blockchain can be implemented into customs procedures for faster and more secure trade. To understand underlying concept, first we will summary existing regulative framework of the international trade and customs and then the following of blockchain in brief, we illustrate potential ways to implement blockchain into custom procedures. We will use literature review and quantitative research in order to support our claim and analyse relevant international practice of using blockchain on customs.
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37

Munin, Nellie. "Can a Gender-Sensitive Approach to WTO Regulation Enhance Women’s Contribution to the Global Economy?" Global Trade and Customs Journal 10, Issue 3 (2015): 105–17. http://dx.doi.org/10.54648/gtcj2015010.

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The World Trade Organization (WTO) is the leading global regulating authority with regard to international trade in goods and services. Through a network of multilateral agreements concluded by more than 150 countries, it determines rules and disciplines affecting the entire global trade arena. Since its establishment, the WTO exercises an allegedly 'neutral' regulation policy, indifferent to gender, justified on grounds of desired equality. However, this 'neutral' regulation is criticized for pragmatically causing gender discrimination in certain cases, reinforcing it in others. In recent years, the global economic implications and cost of this policy are widely recognized. This article explores ways to bridge the gap between the two conflicting approaches, to enhance women's access to international trade and their contribution to the global economy.
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COOPER, M. E., and A. M. ROSSER. "International regulation of wildlife trade: relevant legislation and organisations." Revue Scientifique et Technique de l'OIE 21, no. 1 (2002): 103–23. http://dx.doi.org/10.20506/rst.21.1.1329.

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39

Smith, F. "Law, Language and International Trade Regulation in the WTO." Current Legal Problems 63, no. 1 (2010): 448–74. http://dx.doi.org/10.1093/clp/63.1.448.

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40

Hu, Yuanhong, Sheng Sun, and Yixin Dai. "Environmental regulation, green innovation, and international competitiveness of manufacturing enterprises in China: From the perspective of heterogeneous regulatory tools." PLOS ONE 16, no. 3 (2021): e0249169. http://dx.doi.org/10.1371/journal.pone.0249169.

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Based on combined data from the China Patent Database, China Industrial Enterprise Database, and China Customs Import and Export Database for the period 2004–2010, this study investigates the impact of heterogeneous environmental regulations on the export technological sophistication of manufacturing enterprises. Given deepening international market segmentation of production and the increasing proportion of intermediate trade, and compared with the traditional method based on exports, the export technological sophistication calculated here, based on value-added, is closer to the true level. Since there has been no in-depth comparative study on the relationship between heterogeneous environmental regulation and export technological sophistication, this study fills the gap. The results show that all three regulation types bear a U-shaped impact on export technological sophistication. Command-control regulation exhibits a restraining effect on mixed trade, eastern, and foreign-funded enterprises. Market-incentive regulation promotes processing and mixed trade enterprises as well as domestic and foreign-funded enterprises. Voluntary-participation regulation promotes all enterprises with different trade patterns and ownership. The mechanism analysis shows that command-control and market-participation environmental regulations affect export technological sophistication through the green invention and green utility innovation channels, while, additionally, market-incentive environmental regulation affects export technological sophistication through the green design innovation channel. Considering the environmental governance issues, the policy implications for enhancing the entire industrial chain and enterprises’ export competitiveness are clear. Due to the unclear functions and powers of competent departments and a rigid threshold, command-control regulation is not conducive to cleaner production technology and the promotion of enterprises’ export competitiveness; it should thus be discouraged. Although both market-incentive and voluntary-participation regulations have promoted cleaner production technology and enterprises’ competitiveness significantly, the environmental tax system requires continuous improvement. The government should continue to raise public involvement in environmental protection to enrich the channels and forms of environmental management.
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du Plessis, Anél, and Louis J. Kotzé. "REGULATION OF INTERNATIONAL TRADE IN BIODIVERSITY RESOURCES: TOWARDS SUSTAINABLE TRADE IN SOUTH AFRICA." Tilburg Law Review 13, no. 4 (2007): 335–67. http://dx.doi.org/10.1163/221125907x00146.

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42

Campbell, Iain. "Casual Employment, Labour Regulation and Australian Trade Unions." Journal of Industrial Relations 38, no. 4 (1996): 571–99. http://dx.doi.org/10.1177/002218569603800404.

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This article explores the implications for trade unions of the rapid expansion in Australia of casual employment—a distinctive form of non-standard employment characterized by a lack of entitlement to most employment benefits and forms of employment protection. The article summarizes the main features of casual em ployment and the evidertce for its growth since 1982. It highlights the role of award regulation in shaping casual employment. Casual employment is identified as unprotected employment, which survived within the award system and indeed flourished in the gaps created by officially sanctioned exemptions from protection and limits in the enforcement and reach of award regulation. Labour market deregulation in the 1990s has in turn widened these gaps and facilitated both an expansion of casual employment and an extension of some casual conditions of employment into sections of the permanent workforce. These developments offer a major challenge to Australian trade unions. They underline the failure of tradi tional trade union policies, oriented to a simple rejection of all forms of non- standard employment. They pose a threat both to the set of employment rights and benefits slowly built up by trade union action in the course of past decades and to the legitimacy of trade unions as representative institutions. Australian trade unions are still struggling to come to grips with this threat. Traditional policies remain dominant, but recent trade union policy and practical efforts point towards a new approach that builds on a less hostile and more discriminating attitude to non-standard employment. In relation to the crucial issue of labour regulation the new approach pivots on the important theme of decasualization. The direction of change is promising. But the article argues that the new approach remains weak and underdeveloped as a result of its narrow orientation to the redesign of agreements within the shrinking sphere of effective regulation, its focus on casual status rather than casual conditions of employment and its inability to find effective levers for implementation
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43

Lydgate, Emily. "Do the Same Conditions Ever Prevail? Globalizing National Regulation for International Trade." Journal of World Trade 50, Issue 6 (2016): 971–95. http://dx.doi.org/10.54648/trad2016039.

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Countries craft their regulations in a specific national context. When foreign exporters apply this regulation to achieve market access, it becomes subject to a global array of implementation conditions. Several World Trade Organization (WTO) disputes have ruled that regulation failed to acknowledge the conditions of foreign exporters. The WTO Appellate Body has suggested that comparing conditions or ‘situations’ is part of not discriminating between foreign and domestic products, but the implications remain vague. In fact, pulling too hard on this thread could unravel the non-discrimination principle as it leads to its inherent contradiction: regulation will never treat all trade partners exactly the same precisely because of their diverse conditions. Further, suggesting that it should put a huge undue burden on regulators: deep integration run amok. Key WTO environment and development controversies centre on how to acknowledge differences between countries’ situations and still achieve the formal equality that the system promises. The case law on situational discrimination feeds into these debates. This article proposes that the focus should be on how different situations influence the comparative effectiveness of a regulation in meeting its goal, an approach which delimits and clarifies.
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44

Solodkovska, Ganna, and Viktoria Olefirenko. "Ways of improvement of non-tariff measures of international trade regulation." Management Theory and Studies for Rural Business and Infrastructure Development 36, no. 4 (2014): 966–76. http://dx.doi.org/10.15544/mts.2014.091.

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The unequal development of individual countries, the economic and political crises, deepening of foreign economic relations have led to the fact that tariffs often do not provide the necessary level of national markets protection. As a result, countries governments are turning to the use of nontariff regulation. And the range of instruments of non-tariff measures of international trade regulation is constantly expanding. Therefore the study of non-tariff measures in the system of state regulation of international trade is vital and that of a current interest. The purpose of this paper is to improve the development of measures of non-tariff regulation of international trade. In this study authors used such scientific methods as system analysis, the grouping method, the method of comparative analysis and statistical method. This article determines the main problems of non-tariff regulation in the global trading system and proposes the ways of their solution. The conducted studies will help to organize the effective regulation of countries foreign economic activity. Therefore, the results of the research can be used for further theoretical research in the field of international trade.
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45

Gomula, Joanna, and James T. Crawford. "LABOUR STANDARDS AND INTERNATIONAL TRADE REGULATION – A NEW ERA OF ENFORCEMENT?" Roczniki Administracji i Prawa specjalny II, no. XXI (2021): 79–94. http://dx.doi.org/10.5604/01.3001.0015.6344.

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Although the ILO has been in existence for over a century, it is not equipped with international mechanisms for enforcement of the labour standards that it promotes. Globalization and trade liberalization have exposed a strong relationship between labour rights and trade regulation, leading to attempts to regulate labour provisions in a trade context, initially through the WTO and, more recently, through labour clauses in bilateral and regional free trade agreements (FTAs). This contribution provides a historical overview of these attempts and presents most recent developments, which reflect a new policy of the United States and the European Union to use their FTAs as a stronger instrument of labour standards enforcement.
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46

Lester, Simon. "Domestic Tobacco Regulation and International Law: The Interaction of Trade Agreements and the Framework Convention on Tobacco Control." Journal of World Trade 49, Issue 1 (2015): 19–47. http://dx.doi.org/10.54648/trad2015002.

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For the most part, conflict between domestic tobacco regulation/international tobacco control instruments and international trade obligations is more imaginary than real. In practice, domestic regulation can be carried out consistently with trade obligations. Nevertheless, there is at least a small chance of actual conflict between international tobacco rules and trade obligations. Where such conflict arises, this paper argues that proper treaty interpretation requires that trade obligations, as the 'harder' version of law, would take precedence over conflicting tobacco rules. For public health advocates who have concerns about this, the solution is not to exclude tobacco from trade agreements, but to refine existing trade obligations.
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47

Smith, Fiona. "Regulating agriculture in the WTO." International Journal of Law in Context 7, no. 2 (2011): 233–47. http://dx.doi.org/10.1017/s1744552311000036.

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AbstractThis article argues there is value in exploring the resonance between the regulation of international agricultural trade as a specific topic and the general notion of international trade regulation in the World Trade Organisation (WTO). It explores particular problems to illuminate more general concerns. In this ascendant way of looking at things, certain aspects of agricultural trade regulation have direct resonance for other areas covered by the WTO agreements. We might see these additional dimensions as addressing a different series of questions: the nature of agreement and the different ways in which agreement can manifest itself. The two dimensions are the nature of international agricultural trade as a polycentric problem and the way accepted concepts and categories influence how we see problems in international agricultural trade. Polycentrism goes to the nature of the stability of the Agreement on Agriculture, whereas the question of concepts and categories concerns the way in which we represent the problem as coherent to ourselves.
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48

Smirnov, E. N. "Parameters of development and regulation of the international digital trade at the present stage." E-Management 2, no. 1 (2019): 78–84. http://dx.doi.org/10.26425/2658-3445-2019-1-78-84.

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The main aspects of development of the international digital trade in modern conditions have been analysed and systematized in the article. Under the influence of new digital technologies more and more companies are involved in international trade, and economic activity within global value chains becomes more and more operated. Impact of digital transformation on the international exchange in the conditions of digital globalization has been estimated. At a new stage of economic globalization development of digital trade becomes an alternative to delay of traditional exchange. The international approaches to classification and measurement of objects of digital trade have been generalized. It has been shown, that cross-border electronic commerce becomes more active, but not less intensively international trade in services on the basis of information and communication technologies also develops. The main challenges, facing multilateral and national regulation of electronic commerce and digital trade in goods and services, have been revealed. It has been established, that ensuring openness of the markets remains one of the major barriers to effective development of cross-border digital trade. The conclusion has also been drawn, that digitalization will lead in the long term to decrease in cost of international trade, and in these conditions, a significant role will be played by small and medium-sized enterprises, actively integrated into global digital platforms. In this regard, countries need to create adequate mechanisms of regulation of foreign trade in digital goods and services. Creation of an effective system of multilateral regulation of the international exchange in the conditions of digitalization is also significant. The main tools of this system should be protection of investments of the companies and creation of an effective system of settlement of investment and trade disputes, but not regulation of rules of access to the market.
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Agafonova, Irina I. "Certain Measures for Tax Regulation of Industrial Development and Digital Trade in Russia (National and International Aspects)." Journal of Advanced Research in Dynamical and Control Systems 12, SP3 (2020): 1214–22. http://dx.doi.org/10.5373/jardcs/v12sp3/20201369.

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50

Krishtafovich, D. V., and M. D. Grebneva. "Challenging aspects of international tequila trade." Tovaroved prodovolstvennykh tovarov (Commodity specialist of food products), no. 11 (October 13, 2021): 822–28. http://dx.doi.org/10.33920/igt-01-2111-03.

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This article defines the importance of international goods trade and the role of regulatory documents in the import of goods. The paper also identifies problematic aspects of tequila regulation and proposes measures to eliminate them. The article demonstrates the need to add the concept of tequila to the EAEU TR and establish requirements for it that meet the standards of the country of its production, but at the same time do not contradict Russian safety standards, as well as agree on the edition with the Mexican side. English version of the article is available at URL: https://panor.ru/articles/problemic-aspects-of-international-tequila-trade/77075.html
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