5 Free trade: the erosion of national, and the birth of transnational governance

2005 ◽  
Vol 13 (S1) ◽  
pp. 93-117 ◽  
Author(s):  
CHRISTIAN JOERGES ◽  
CHRISTINE GODT
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Effective Means ◽  
Transnational Governance ◽  
International Treaties ◽  
Economic Interests ◽  
The Social ◽  
Wide Range ◽  
Primary Means ◽  
Phytosanitary Measures

Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition and removal of non-tariff barriers that reflected a wide range of domestic concerns about the protection of health, safety, and the environment have since come to dominate trade agreements and their implementation. The expanding scope of these international treaties, and their effect on domestic regulatory objectives, has created new challenges for the nation-state, and for the international trade system as a whole. Domestic regulatory objectives that are generally embedded in a nation state's legal system or even in its constitution, are now negotiable and are susceptible to adjudication at the international level where they may, or may not, be used to camouflage unrelated economic interests. The international trade system adapted to this situation in 1994 by transforming the GATT into the World Trade Organization (WTO), which has more effective means for dispute resolution and includes a number of special agreements – such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) – with rules for balancing the economic concerns of free trade with the social concerns of regulatory objectives. These developments have generated legal queries about the general legitimacy of transnational governance arrangements and their ‘constitutionalization’, i.e. the quest for transnational governance that is mediated by law and not only accepted de facto but considered deserving of acceptance.

Special Features of the Socioeconomic Development of Japan During the Bakumatsu Transition Period (1853–1868)

2018 ◽  
Vol 2018 (2) ◽  
pp. 3-20
Author(s):  
Dmitrij Platonov ◽  
Olesya Emelyanova
Keyword(s):  
Economic Development ◽  
International Trade ◽  
Socioeconomic Development ◽  
Transition Period ◽  
Economic Recovery ◽  
Military Government ◽  
Comprehensive Review ◽  
The Social ◽  
Wide Range ◽  
Tokugawa Period

In Russian historiography there are few articles investigating the problem of Japan’s economic development during the Tokugawa period from 1602 to 1867. However, both the Russian and Western researchers covering the long Tokugawa period of more than 250 years, paid little attention to the bakumatsu period from 1853 to 1868. In terms of political history, the bakumatsu years are significant for the ending of the Tokugawa’s military government. However, from the economic viewpoint, a wide range of problems had accumulated and they became more evident due to the opening of the Japanese market for international trade. This caused dramatic changes in the country’s economic development trends. This article presents a comprehensive review of the social and economic characteristics of Japan’s development during the bakumatsu period that triggered Japan’s economic recovery and entailed industrialization in the country.

The Law and Political Economy of International Trade Agreements

2019 ◽  
Author(s):  
Michael Trebilcock
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Free Trade ◽  
Comparative Advantage ◽  
Trade Agreements ◽  
Developed Countries ◽  
Preferential Trade Agreements ◽  
Preferential Trade ◽  
Multilateral Trade ◽  
Wide Range

While economists overwhelmingly favor free trade, even unilateral free trade, because of the gains realizable from specialization and the exploitation of comparative advantage, in fact international trading relations are structured by a complex body of multilateral and preferential trade agreements. The article outlines the case for multilateral trade agreements and the non-discrimination principle that they embody, in the form of both the Most Favored Nation principle and the National Treatment principle, where non-discrimination has been widely advocated as supporting both geopolitical goals (reducing economic factionalism) and economic goals (ensuring the full play of theories of comparative advantage undistorted by discriminatory trade treatment). Despite the virtues of multilateral trade agreements, preferential trade agreements (PTAs), authorized from the outset under GATT, have proliferated in recent years, even though they are inherently discriminatory between members and non-members, provoking vigorous debates as to whether (a) PTAs are trade-creating or trade-diverting; (b) whether they increase transaction costs in international trade; and (c) whether they undermine the future course of multilateral trade liberalization. A further and similarly contentious derogation from the principle of non-discrimination under the multilateral system is Special and Differential Treatment for developing countries, where since the mid-1950s developing countries have been given much greater latitude than developed countries to engage in trade protectionism on the import side in order to promote infant industries, and since the mid-1960s on the export side have benefited from non-reciprocal trade concessions by developed countries on products of actual or potential export interest to developing countries. Beyond debates over the strengths and weaknesses of multilateral trade agreements and the two major derogations therefrom, further debates surround the appropriate scope of trade agreements, and in particular the expansion of their scope in recent decades to address divergences or incompatibilities across a wide range of domestic regulatory and related policies that arguably create frictions in cross-border trade and investment and hence constitute an impediment to it. The article goes on to consider contemporary fair trade versus free trade debates, including concerns over trade deficits, currency manipulation, export subsidies, misappropriation of intellectual property rights, and lax labor or environmental standards. The article concludes with a consideration of the case for a larger scope for plurilateral trade agreements internationally, and for a larger scope for active labor market policies domestically to mitigate transition costs from trade.

A Moral Stretch? US–Tariff Measures and the Public Morals Exception in WTO Law

2021 ◽  
pp. 1-12
Author(s):  
Christian Delev
Keyword(s):  
International Trade ◽  
Economic Interests ◽  
Panel Report ◽  
The Public ◽  
Objective Standard ◽  
Alternative Approach ◽  
Wide Range ◽  
Competitive Behaviour ◽  
Economic Espionage ◽  
Outer Bounds

Abstract The ‘public morals’ exception remains a key aspect of the international trade system; however, its outer bounds have never been precisely defined. This question became pertinent in the US–Tariff Measures panel report, which expansively read the exception to justify a wide range of economic interests, including prohibitions on economic espionage, anti-competitive behaviour, and the regulation of government takings. This note challenges the panel's interpretation, arguing that it is flawed and essentially amounts to a factual standard of review. It proposes an alternative approach to public morals review, which involves an objective standard of review of facts and law, while providing adequate deference to Members’ own factual determinations. It further engages with the issue of extraterritoriality, defending an approach based on Members’ legislative jurisdiction as this strikes a balance between Members’ right to regulate trade for moral purposes and the interests of the international community.

The Cells of the Social Body

2018 ◽  
Author(s):  
Greg Anderson
Keyword(s):  
Gender Relations ◽  
Modern Literature ◽  
Social Body ◽  
Household Management ◽  
The Social ◽  
Wide Range ◽  
State And Society ◽  
Primary Means ◽  
Range Of Functions ◽  
Males And Females

Within their cosmic ecology, the Athenians took it for granted that their polis was a “communion” (koinonia) of households, so in their experience there could be no equivalents of our modern distinctions between state and society or political and social realms. Households (oikoi) functioned as the cells of the social body, such that the vitality of the parts was inseparable from the vitality of the whole. Thus, the human “government” of the polis began not with assembly meetings but with the management of its constituent oikoi, which were the primary means of life and livelihood for all Athenians. The Athenians also took it for granted that the gods had deliberately designed males and females to play different, but complementary roles in the reproduction of social being. Women were expected to serve as “partners” to their husbands in the business of household management, performing a wide range of functions that were essential to the lives of their oikoi and therefore to the life of their polis. While they may not look like “citizens” to us, they were considered full members of the polis (politides) at the time. Terms like “patriarchy” and “misogyny,” so common in the modern literature, are accordingly unhelpful when describing gender relations in classical Athens.

Compliance with International Treaties: Selective Adaptation Analysis

2007 ◽  
Vol 44 ◽  
pp. 451-477
Author(s):  
Ljiljana Biukovic
Keyword(s):  
International Trade ◽  
Selective Adaptation ◽  
International Treaties ◽  
Social Sciences And Humanities ◽  
Research Initiative ◽  
The Social ◽  
Normative Order ◽  
The One ◽  
Initiative Program ◽  
Cultural Components

SummaryThis comment revisits the debate on the reasons for compliance, or lack thereof, with the regulations and administrative rules that govern the current international trade regime. The research on which it is based is the first part of the five-year project on Cross-Cultural Dispute Resolution funded by the Major Collaborative Research Initiative program of the Social Sciences and Humanities Research Council of Canada. It focuses on the cultural components of non-compliance based on analysis of the legislative internalization of World Trade Organization norms and case law in China, Canada, and Japan on the one hand and on individual perceptions of the international trade environment on the other. The main hypotheses are that the sharing of international practice rules does not necessarily indicate consensus on the normative order underlying those rules and that the behaviour of those who are involved in the interpretation and application of international rules is informed by (1) their perception of the purpose, content, and effect of nonlocal rules and their underlying norms; (2) those rules' and norms' complementarity with local rules and norms; and (3) the degree of legitimacy accorded by local communities to the processes of interpretation and application.

scholarly journals Социогуманитарные технологии в пространстве современного общества

2021 ◽  
Author(s):  
Вера Белокрылова
Keyword(s):  
Ethical Dilemma ◽  
Social Life ◽  
Effective Means ◽  
Information Communication ◽  
The Social ◽  
Wide Range

Socio-humanitarian technologies are found everywhere which is one of the most peculiar features of the social life nowadays. These technologies employ a wide range of innovative instruments developed in the field of information, communication as effective means of influence exerted upon individuals and the society on the pre-planned basis. It seems essential for humanities to separate the socio-humanitarian technologies from the numerous groups of phenomena which are similar to them according to some essential characteristics, to elaborate analysis and classification of current theoretical discussions about the opportunities and risks of sociotechnological projects and to highlight the ethical dilemma of the socio-engineering activities.

HARMONISING PUBLIC PROCUREMENT IN THE SADC

2014 ◽  
Vol 1 (1) ◽  
pp. 90-109
Author(s):  
Stephen De la Harpe
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Public Procurement ◽  
Developed Countries ◽  
Government Procurement ◽  
Substantial Part ◽  
Private Industry ◽  
Regional Competition ◽  
Model Law ◽  
Opening Up

The promotion of international trade is seen as one of the important instruments to ensure development in developing nations and regions. The history of the World Trade Organisation (WTO) and the drafting of many regional and similar international trade agreements are evidence of this. The Southern African Development Community (SADC) is no exception.1 It is therefore strange that many states that are members of the WTO and actively encourage the opening up of international borders to free trade do not include public procurement2 in such free trade arrangements. This is particularly evident in developing states. If the WTO Government Procurement Agreement (GPA), which is a plurilateral agreement, is considered it is clear that many states do not wish to open their internal markets to competition in the public procurement sphere. It is therefore not surprising that public procurement has been described as the last rampart of state protectionism (Ky, 2012). Public procurement is an important segment of trade in any country (Arrowsmith & Davies, 1998). It is estimated that public procurement represents between 10% and 15% of the gross domestic product (GDP) of developed countries and up to 25% of GDP in developing states (Wittig, 1999). Unfortunately, governments often expect private industry to open up national markets for international competition but do not lead the way. Except for the limited use of pooled procurement,3 no specific provision is at present made for the harmonisation and integration of public procurement in the SADC. In view of the proximity of the member states, the interdependency of their economies and the benefits that can be derived from opening up their boundaries to regional competition in public procurement, the possibility of harmonisation and deeper integration in this sphere needs to be given more attention. The importance of public procurement in international trade and regional integration is twofold: first, it forms a substantial part of trade with the related economic and developmental implications; secondly, it is used by governments as an instrument to address socio-economic issues. Public procurement spending is also important because of its potential influence on human rights, including aspects such as the alleviation of poverty, the achievement of acceptable labour standards and environmental goals, and similar issues (McCrudden, 1999). In this article the need to harmonise public procurement in the SADC in order to open up public procurement to regional competition, some of the obstacles preventing this, and possible solutions are discussed. Reference is made to international instruments such as the United Nations Commission on International Trade Law (UNCITRAL), the Model Law on Public Procurement and the GPA. In particular, the progress made in the Common Market for Eastern and Southern Africa (COMESA) with regard to the harmonisation of public procurement, which was based on the Model Law, will be used to suggest possible solutions to the problem of harmonising public procurement in the SADC.

Satu Kahkonen and Anthony Lanyi. Institutions, Incentives, and Economic Reforms in India. New Delhi: Sage Publications, 2000. 516 pages. Hardback. Price Indian Rs 595.00.

2001 ◽  
Vol 40 (1) ◽  
pp. 71-74
Author(s):  
Attiya Y. Javed
Keyword(s):  
Reform Process ◽  
New Delhi ◽  
Social Rules ◽  
Reform Agenda ◽  
The Social ◽  
Wide Range ◽  
Rural Governance ◽  
Private And Public ◽  
Economic Landscape ◽  
Number Of Authors

The economic reform process began in India in 1991. However, the reform agenda is still far from its goals as is evident from low per capita income. Thus, this reform effort has not produced the desired outcome of a faster rate of economic and social development in a meaningful way. It is the premise of this volume that to transform the social and economic landscape, the proposed reforms should be broadbased and multi-pronged which take into account incentives for the stockholders in both the private and public sectors. The institutions are the rules that govern economy and include the fundamental legal, political, and social rules that establish the basis for production, exchange, and distribution. The two editors of this volume have received contributions from a number of authors and the wide range of papers are grouped under five main headings: political economy of reforms, reforming public goods delivery, reform issues in agriculture and rural governance, and reforming the district and financial sector.

Customs Risk Management System in the Context of Clearance of Customs Procedures

2020 ◽  
Vol 22 (1) ◽  
pp. 59-63
Author(s):  
Ihor Nestoryshen ◽  
◽  
Ivan Berezhnyuk ◽  
Alina Brendak ◽  
◽  
...  
Keyword(s):  
Risk Management ◽  
International Trade ◽  
Economic Activity ◽  
Management System ◽  
Control Measures ◽  
International Treaties ◽  
External Threats ◽  
Risk Management System ◽  
Operational Activities ◽  
International Conventions

Introduction. The article emphasizes that the current features of the implementation of foreign economic activity require consideration of two factors that are contradictory to each other. In particular, on the one hand, the growth of external threats is forcing the governments of many countries to tighten control measures when crossing the state border of goods and commercial vehicles. On the other hand, according to international conventions and agreements (Kyoto Convention, WMO Framework Standards for Security, WTO Facilitation Agreement), measures to reduce the interference of regulatory authorities in the operational activities of economic operators are envisaged. In this context, the use of risk-oriented customs control tools, which allow simplifying business without reducing the level of national security, is becoming especially important. Purpose. The purpose of the article is to generalize and systematize foreign and domestic approaches to simplification of customs procedures through the use of risk-oriented instruments of customs control, as well as to develop their own proposals for simplification of foreign trade entities in the domestic regulatory field by using subject-oriented criteria. Results. The authors analyzed the provisions of the International Convention on the Simplification and Harmonization of Customs Procedures, the Framework Standards for Security and Facilitation of International Trade, the WTO Agreement on Trade Facilitation, which are provided for significant simplification of international trade procedures by reducing the share of customs inspections and controls. Сustoms security, customs clearance of goods and vehicles on the territory of the subjects of foreign economic activity or in another place permitted by the customs, without the direct participation of customs officials. These measures are based on the widespread use of risk-oriented instruments of customs control. It is noted that some of the provisions of international conventions and agreements on the use of risk-oriented instruments of customs control and simplification of economic operators have been implemented in domestic customs legislation, namely Art. 320 of the Customs Code of Ukraine introduced selective customs control, it is determined that the forms and scope of control sufficient to ensure compliance with legislation on state customs and international treaties of Ukraine in customs clearance are selected by customs (customs posts) based on the results of risk management. Conclusion. The study analyzes the peculiarities of the customs risk management system application in customs control in Ukraine, and offers proposals for the use of subject-oriented criteria of customs control as a simplification for honest economic operators to reduce the selectivity of risk profiles ASUR.

The State versus the People

2020 ◽  
Author(s):  
Matthew Rendle
Keyword(s):  
French Revolution ◽  
Effective Means ◽  
State Control ◽  
Scarce Resources ◽  
Soviet State ◽  
The People ◽  
Wide Range ◽  
Complex Picture ◽  
The Military

This book provides the first detailed account of the role of revolutionary justice in the early Soviet state. Law has often been dismissed by historians as either unimportant after the October Revolution amid the violence and chaos of civil war or even, in the absence of written codes and independent judges, little more than another means of violence. This is particularly true of the most revolutionary aspect of the new justice system, revolutionary tribunals—courts inspired by the French Revolution and established to target counter-revolutionary enemies. This book paints a more complex picture. The Bolsheviks invested a great deal of effort and scarce resources into building an extensive system of tribunals that spread across the country, including into the military and the transport network. At their peak, hundreds of tribunals heard hundreds of thousands of cases every year. Not all ended in harsh sentences: some were dismissed through lack of evidence; others given a wide range of sentences; others still suspended sentences; and instances of early release and amnesty were common. This book, therefore, argues that law played a distinct and multifaceted role for the Bolsheviks. Tribunals stood at the intersection between law and violence, offering various advantages to the Bolsheviks, not least strengthening state control, providing a more effective means of educating the population on counter-revolution, and enabling a more flexible approach to the state’s enemies. All of this adds to our understanding of the early Soviet state and, ultimately, of how the Bolsheviks held on to power.

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