From unilateral liberalization to regional free trade agreements: a Latin America perspective

2008 ◽  
Vol 42 (1-2) ◽  
pp. 85-103 ◽  
Author(s):  
Patricio Meller
Author(s):  
Juan Carlos Lara Gálvez ◽  
Alan M. Sears

This chapter discusses the impact of free trade agreements (FTAs) on intermediary liability in Latin America, with special emphasis on the Digital Millennium Copyright Act’s (DMCA) provisions that have been included into every bilateral FTA the United States has entered into since 2002, thus promoting their inclusion in the national law of other countries. However, these provisions are controversial, and whether they drive the internet economy or create a more restrictive online space is a matter of debate. This chapter analyses the impact of such provisions in Latin American countries and the state of their implementation in national jurisdictions. In particular, this chapter reviews implementation and proposed implementation of the DMCA model in Chile, Costa Rica and other CAFTA bloc countries, Colombia, and Peru. It also discusses the failure of the Trans-Pacific Partnership Agreement to create new intermediary liability rules and how the same language was ultimately included in the revision of the North American Free Trade Agreement (NAFTA), which became the US–Mexico–Canada Agreement (USMCA).


2020 ◽  
Vol 69 (8) ◽  
pp. 803-822
Author(s):  
Juan I Correa ◽  
Carlos M Correa

Abstract This study shows that the main beneficiaries of the Patent Cooperation Treaty (PCT) in three Latin American countries, which adhered to it as a result of the obligations provided for in free trade agreements, have been non-residents rather than local companies and individual inventors. This rebuts the frequently made argument that acceding to the PCT would generate incentives for local innovation and benefit local inventors by boosting their capacity to protect their developments in third countries. In the three countries considered in this study, the number of patents granted increased after accession to the treaty. This points to the risk of an erosion of the countries’ flexibilities in designing and implementing patent policies, as allowed by the TRIPS Agreement, with respect to the standards applied to assess eligibility for patent protection.


2009 ◽  
Vol 28 (1) ◽  
pp. 69-81 ◽  
Author(s):  
Howard Loewen

Some theorists and practitioners argue that the stability of the global trade system is endangered by trade distorting effects of regional Free Trade Agreements. Does this also hold true for interregional FTAs? Based on criteria, such as scope, rules of origin and WTO notification, it is argued here that interregional FTAs between East Asia and Latin America do not fully confirm the distortion thesis, as the positive effects of WTO-plus elements in the examined FTAs and their positive notification record to the WTO signify. Yet, overlaps between different rules of origin may lessen the multilateral effectiveness of interregional FTAs.


2011 ◽  
Vol 38 (2) ◽  
pp. 153-158 ◽  
Author(s):  
R.A. Dello Buono

The unraveling of the Washington Consensus in Latin America is part of a broader decline of US hegemony in the region and beyond. Four distinct approaches by Latin American analysts from Argentina, Chile, Mexico, and Cuba are introduced that examine different aspects of this decline. It is argued that any serious analysis of regional hegemony must include consideration of the interrelationship between economic and military factors; the emergent modalities of exercising hegemony such as free trade agreements; the power structure of the hegemonic state; and the broader context of the global political economy.


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