Trade Law and Supply Chain Regulation in a Post-COVID-19 World

2020 ◽  
Vol 114 (4) ◽  
pp. 637-646
Author(s):  
Timothy Meyer

AbstractThis Essay argues that trade agreements may overly constrain the ability of states to regulate supply chains for critical products such as medical supplies. Free trade agreements (FTAs) may exacerbate supply chain concentration, especially through loose rules of origin. And WTO rules constrain preventative regulation of supply chain risks designed to prevent a crisis, while providing exceptions for aggressive action only in the face of a crisis. Thus, WTO members risk flouting WTO rules if they do not limit aggressive, preventative supply chain regulation.

2017 ◽  
Vol 111 ◽  
pp. 92-95
Author(s):  
Kathleen Claussen

These remarks are derived from a forthcoming work considering the future of international trade law. Compared with most features of the international legal system, the regional and bilateral trade law system is in the early stages of its evolution. For example, the United States is a party to fourteen free trade agreements currently in force, all but two of which have entered into force since 2000. The recent proliferation of agreements, particularly bilateral and regional agreements, is not unique to the United States. The European Union recently concluded trade agreement negotiations with Canada, Singapore, and Vietnam to add to its twenty-seven agreements in force and is negotiating approximately ten additional bilateral or multilateral agreements. In the Asia-Pacific Region, the number of regional and bilateral free trade agreements has grown exponentially since the conclusion of the Association of Southeast Asian Nations (ASEAN) Free Trade Area of 1992. At that time, the region counted five such agreements in force. Today, the number totals 140 with another seventy-nine under negotiation or awaiting entry into force. The People's Republic of China is negotiating half a dozen bilateral trade agreements at present to top off the sixteen already in effect. India likewise is engaged in at least ten trade agreement negotiations. The World Trade Organization (WTO) reports 267 agreements of this sort in force among its members as of July 1, 2016.


2006 ◽  
Vol 37 (3) ◽  
pp. 339
Author(s):  
Meredith Kolsky Lewis

This foreword introduces four articles featured in this volume of the Victoria University of Wellington Law Review, all of which address trade law from diverse angles: Oliver Delvos "WTO Disciplines and Fisheries Subsidies – Should the SCM Agreement Be Modified?" (2005) 37 VUWLR 341; Thomas A Faunce, Kellie Johnston, and Hilary Bambrick "Trans-Tasman Therapeutic Products Authority: Potential AUSFTA Impacts on Safety and Cost-Effectiveness Regulation for Medicines and Medical Devices in New Zealand" (2005) 37 VUWLR 365; Jane Kelsey "Free Trade Agreements – Boon or Bane: Through the Lens of PACER" (2005) 37 VUWLR 391; and Nicholas Whittington "Reconsidering Domestic Sale of Goods Remedies in Light of CISG" (2005) 37 VUWLR 421.


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.


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