scholarly journals The Rule of Law or the Perception of the Beholder? Why Investment Arbitrators are Under Fire and Trade Adjudicators are Not: A Response to Joost Pauwelyn

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 302-308 ◽  
Author(s):  
Freya Baetens
Keyword(s):  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
World Politics ◽  
The Rule Of Law ◽  
Parallel Processes ◽  
Cross Border ◽  
Border Trade

In his thought-provoking and timely article, Pauwelyn asks how it can be “that today’s perception of two parallel processes involving the legalization of world politics, and on two closely related subjects of global economic affairs—cross-border trade and cross-border investment—differs so much?” He focuses on one explanation: the individuals deciding World Trade Organization (WTO) versus International Centre for the Settlement of Investment Disputes (ICSID) disputes.

Explaining the Limits of the WTO in Shaping the Rule of Law in China

2020 ◽  
Vol 23 (4) ◽  
pp. 885-905
Author(s):  
Ming Du ◽  
Qingjiang Kong
Keyword(s):  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
Western World ◽  
Positive Role ◽  
The Rule Of Law ◽  
National Security Strategy ◽  
The World ◽  
The Impact ◽  
Law Construction

ABSTRACT When China acceded to the World Trade Organization in 2001, pundits were enthusiastic about the prospect that China’s World Trade Organization membership would boost international trade, encourage China’s restructuring toward a market economy, discipline the domestic legal system, and strengthen the rule of law in China. More recently, however, serious concerns have been raised regarding China’s record on the rule of law. The first National Security Strategy report issued by the Trump Administration in December 2017 claimed that China’s increased participation in the liberal international economic system had not effectuated China’s deeper engagement with, or respect for, the rule of law. The purpose of this article is to take a critical look at the two contrasting narratives on the impact of the World Trade Organization on China’s rule of law construction over the past two decades. It concludes that, although the World Trade Organization has played a positive role in advancing the rule of law in China, such a role has long been exaggerated. Accordingly, we provide an account of why the World Trade Organization has failed to play a catalyst role in instituting the rule of law in China widely expected in the western world.

scholarly journals Policy renewal of Indonesian mineral and coal smelters for Global Impact

2022 ◽  
Vol 27 ◽  
pp. 379-383
Author(s):  
M. Fadly Fitri ◽  
I Nyoman N ◽  
Slamet Suhartono ◽  
Budiarsih Budiarsih
Keyword(s):  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The Public ◽  
Global Impact ◽  
The World ◽  
The Republic ◽  
The Right

This research is normative law. The rule of law gives the highest supremacy to a country in providing welfare and forming legal norms, the ratification of GATT through Law No.7 of 1994 concerning Ratification of the Agreement Establishing The World Trade Organization (ADDITIONAL TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NO. 3564) is the rule of law that has the highest supremacy, the result is to comply with the ratified GATT legal norms where the related parties of the public contract agreement can exercise the right to test for inconsistencies.

Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute

2019 ◽  
Vol 22 (3) ◽  
pp. 389-416
Author(s):  
Andrew D Mitchell ◽  
Neha Mishra
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Trade Agreements ◽  
Preferential Trade Agreements ◽  
Data Driven ◽  
Digital Inclusion ◽  
Cross Border ◽  
Data Flows ◽  
The World

Abstract While the free cross-border movement of data is essential to many aspects of international trade, several countries have imposed restrictions on these data flows. The pre-internet rules of the World Trade Organization (`WTO') discipline some of these restrictions, but they are insufficient. Unfortunately, so are the electronic commerce chapters in modern preferential trade agreements. This article argues that reformed WTO rules, which take account of the policy challenges of the data-driven economy, are required. These reforms would facilitate internet openness while ensuring consumer and business trust, promoting digital inclusion of developing countries, and incorporating clear exceptions for legitimate domestic policies.

What Determines the Foreign Ownership Share of a Country's Banking Assets?

2011 ◽  
Vol 14 (03) ◽  
pp. 535-561 ◽  
Author(s):  
Ping Liang ◽  
Daniel M. Gropper ◽  
Steven B. Caudill
Keyword(s):  
Financial Markets ◽  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
Foreign Ownership ◽  
Important Goal ◽  
Significant Relation ◽  
World Trade Organization Member ◽  
Political Factors ◽  
Organization Member

The main purpose of this paper is to examine the roles of economic and political factors in explaining the foreign ownership share of a country's banking assets. In particular, our study includes new market-openness and regulation variables. The General Agreement on Trade in Services is an important element that affects financial sector regulation of every current and potential World Trade Organization member country, and opening financial markets is an important goal of this agreement. We find that the market openness index developed by Barth et al. (2010) bears a statistically significant relation to foreign ownership, as expected, and that regulation, rule of law, and profit opportunities are also important determinants of foreign ownership of bank assets.

Conclusion

2019 ◽  
pp. 697-698
Keyword(s):  
Rule Of Law ◽  
Decision Makers ◽  
High Time ◽  
The Rule Of Law ◽  
Cross Border ◽  
Key Stakeholders ◽  
The World

As we hope the foregoing chapters have underscored, it is high time that practitioners of the compliance, regulatory, and investigative arts recognize not only that other countries have credible anti-bribery/anti-corruption regimes—including ones with extraterritorial application—but also that new anti-bribery laws are being passed frequently. And from our perspective, even more importantly, is that the long-lagging enforcement of these laws is increasingly on the minds of prosecutors, regulators, judges, and politicians. As these key stakeholders and decision-makers gain a fuller appreciation of the wider fight against corruption, we believe they will feel emboldened to act positively to root out conduct that undermines democracy and the rule of law. We also believe these same stakeholders will be motivated to take steps that ensure that they do not fall behind their geopolitical “peers.” As a consequence of today’s increasingly polycentric fight against bribery and other forms of corruption, those advising companies will be expected to understand, and more importantly ward off against, this development’s direct impacts on companies and individuals engaged in cross-border commerce, regardless of where in the world they are based or do business....

International Legal Cooperation between Kosovo and Other States and Organizations

2018 ◽  
Vol 43 (3) ◽  
pp. 314-330
Author(s):  
Hajredin Kuçi
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
International Organizations ◽  
Union Member ◽  
Ad Hoc ◽  
The European Union ◽  
The Rule Of Law ◽  
Cross Border ◽  
Post War ◽  
European Union Member States

Building a rule-of-law-based democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and also one of the membership criteria required by international organizations, in particular the European Union. As such, an aspiring country like Kosovo has to face the challenge of building a legal system that is compatible with that of the European Union member states while also developing its legal cooperation with other countries. Through international legal cooperation, countries strengthen the fight against criminal actions that are punishable in all modern states and also exchange experience in combating cross-border crime, trafficking, corruption, terrorism, and other violations of criminal law. In this regard, Kosovo faces many challenges in the field of international legal cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, UNMIK, etc.), but also with other international organizations, especially due to Kosovo’s lack of membership in them. Another challenge is cooperation with countries that have not yet recognized Kosovo as a state. This article emphasizes the efforts made by Kosovo’s institutions to engage in international legal cooperation as one of the prerequisites for building the rule of law at home. The main issues tackled in the article are how these problems are addressed in practice, which obstacles arise, what the ad hoc means are of engaging in international legal cooperation, and what the specificities and prospects are for Kosovo’s international legal cooperation. As such, the aim of the article is to examine some of the legal peculiarities and uncertainties that have been created over the years as the result of limitations on Kosovo’s international personality and to consider innovative means to ensure Kosovo’s legal cooperation with other countries.

China and the wto Appellate Body’s Rule of Law

2016 ◽  
Vol 5 (1) ◽  
pp. 146-182
Author(s):  
Henrik Andersen
Keyword(s):  
Human Rights ◽  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
Methodological Approach ◽  
Chinese Context ◽  
Appellate Body ◽  
The World ◽  
Globalized World ◽  
Rights Issues

The World Trade Organization is no longer just seen through intergovernmental lenses. Rule of law is part of the vocabulary of the wto and is developed by the Appellate Body. However, the concept of rule of law is a hazy concept, laden with normative challenges with an Eurocentric base in a globalized world. This article addresses how China approaches rule of law at the wto level. Rule of law in a Chinese context has specific Chinese traits and the question is how it corresponds with wto rule of law. The article claims that China recognizes rule of law at wto level and accepts the methodological approach by the Appellate Body. However, a wto rule of law has not been challenged with human rights issues and it needs further refinement. So far it has served Chinese interests which might be a reason behind the Chinese approach.

scholarly journals The Korean Accountancy Market and Global Competition

2006 ◽  
Vol 7 (2) ◽  
pp. 77-98
Author(s):  
Nu Ri Jung ◽  
Wonseok Woo
Keyword(s):  
World Trade ◽  
Swot Analysis ◽  
Critical Role ◽  
Professional Services ◽  
Global Competition ◽  
Cross Border ◽  
Border Trade ◽  
International Demand ◽  
Regulatory Barriers ◽  
Domestic Regulation

Among the professions, accountancy services play an especially critical role in the market economy today; thus, there have been many World Trade Organization (WTO) attempts, beyond the General Agreement on Trade in Services (GATS), to liberalize the market for accountancy services. In response to this international demand, the Korean government announced the liberalization of its accounting market from 2007 and its full opening by 2011. This paper begins with an overview of the Korean accountancy market, including a SWOT analysis focused on the post-financial-crisis era. Next, it shows how the WTO pacts – especially the GATS and the Disciplines on Domestic Regulation in the Accountancy Sector (Disciplines) – and ‘Revised Conditional Offer on the Schedule of Specific Commitments’ for WTO services negotiations submitted by Korea on May 31, 2005 are used to eliminate these domestic regulatory barriers to international trade in accountancy services. Finally, the paper anticipates both the positive and the negative implications of accountancy market liberalization in Korea following from the removal of existing obstacles to cross-border trade. As the first sector to be disciplined under the GATS, the liberalized accountancy sector is likely to become the model for other professional services such as law, health, engineering and architecture. Hence this study can have significant implications that extend beyond the field of accounting.

scholarly journals Tax Evasion from Cross-Border Fraud

2020 ◽  
Vol 20 (245) ◽  
Author(s):  
Emmanouil Kitsios ◽  
João Tovar Jalles ◽  
Genevieve Verdier
Keyword(s):  
Low Income ◽  
Tax Evasion ◽  
World Trade ◽  
Digital Technologies ◽  
Government Revenue ◽  
Present Evidence ◽  
Cross Border ◽  
Border Trade ◽  
Tax Fraud ◽  
Using Data

How can governments reduce the prevalence of cross-border tax fraud? This paper argues that the use of digital technologies offers an opportunity to reduce fraud and increase government revenue. Using data on intra-EU and world trade transactions, we present evidence that (i) cross-border trade tax fraud is non-trivial and prevalent in many countries; (ii) such fraud can be alleviated by the use of digital technologies at the border; and (iii) potential revenue gains of digitalization from reducing trade fraud could be substantial. Halving the distance to the digitalization frontier could raise revenues by over 1.5 percent of GDP in low-income developing countries.

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