Trade Agreements: Theoretical Foundations

Author(s):  
Mostafa Beshkar ◽  
Eric Bond

International trade agreements have played a significant role in the reduction of trade barriers that has taken place since the end of World War II. One objective of the theoretical literature on trade agreements is to address the question of why bilateral and multilateral trade agreements, rather than simple unilateral actions by individual countries, have been required to reduce trade barriers. The predominant explanation has been the terms of trade theory, which argues that unilateral tariff policies lead to a prisoner’s dilemma due to the negative effect of a country’s tariffs on its trading partners. Reciprocal tariff reductions through a trade agreement are required to obtain tariff reductions that improve on the noncooperative equilibrium. An alternative explanation, the commitment theory of trade agreements, focuses on the use of external enforcement under a trade agreement to discipline domestic politics. A second objective of the theoretical literature has been to understand the design of trade agreements. Insights from contract theory are used to study various flexibility mechanisms that are embodied in trade agreements. These mechanisms include contingent protection measures such as safeguards and antidumping, and unilateral flexibility through tariff overhang. The literature also addresses the enforcement of agreements in the absence of an external enforcement mechanism. The theories of the dispute settlement process of the WTO portray it as an institution with an informational role that facilitates the coordination among parties with incomplete information about the states of the world and the nature of the actions taken by each signatory. Finally, the literature examines whether the ability to form preferential trade agreements serves as a stumbling block or a building block to multilateral liberalization.

2017 ◽  
Vol 9 (4) ◽  
pp. 64-100 ◽  
Author(s):  
Chad P. Bown ◽  
Kara M. Reynolds

This paper examines implications of the terms-of-trade theory for the determinants of outcomes arising under the enforcement provisions of international agreements. Like original trade agreement negotiations, formal trade dispute negotiations are modeled as potentially addressing the terms-of-trade externality problem that governments implement import protection above the globally efficient level so as to shift some of the policy's costs onto trading partners. The approach first extends the Bagwell and Staiger (1999, 2011) model from trade agreement accession negotiations to the setting of enforcement negotiations, and the resulting theory guides the empirical assessment on trade volume outcomes from WTO disputes over 1995–2009. (JEL D74, F13, K33)


2016 ◽  
Vol 5 (2) ◽  
pp. 539-569
Author(s):  
Maria Panezi

Abstract The proliferation of Preferential Trade Agreements (PTAs) and Regional Trade Agreements (RTAs) has given rise to significant debate on the need to measure, understand and possibly regulate the impact these agreements have on the multilateral trading system under the umbrella of the World Trade Organization (WTO). This article will discuss the two Doha Transparency Mechanisms (legal transparency) regarding regional trade agreements, as they appear in two General Council decisions from 2006 and 2010. I will argue based on a closer look and a consistent interpretation of Paragraph 10 of the Doha Ministerial Declaration that there is another type of transparency that is relevant to the discussion on PTAs/RTAs, namely “internal transparency.” “Internal transparency stricto sensu” highlights the significance of trust in the WTO institutional processes, such as negotiations, decision-making, dispute settlement and trade monitoring that the representatives of developing member states should have in order for the WTO system to function productively. “Internal transparency lato sensu” is introduced in this article as an extension to include any decision-making deficits, exclusionary and asymmetrical outcomes specifically in the area of unchecked Preferential Trade Agreement proliferation. Instead of a conclusion, the article offers some proposals for more a meaningful progress in the WTO with respect to PTAs/RTAs The proposals aim at raising the profile of both legal and internal of transparency and posit that raising the profile of one will inevitably lead in improvements in the other.


elni Review ◽  
2016 ◽  
pp. 58-63
Author(s):  
Wybe Th. Douma

The Comprehensive Economic and Trade Agreement (CETA) between the EU, its Member States and Canada has been presented as “the best trade agreement the EU has ever negotiated”. While there are certainly many advantages compared to older trade treaties, two remaining points of concern are investigated in this contribution. The first one relates to the manner in which the EU utilises its own system for ensuring that sustainability concerns are integrated into trade agreements. In the first part of this contribution, it is investigated whether the manner in which the integration instrument is employed in the case of CETA, notably where the inclusion of an investor state dispute settlement (ISDS) mechanism is concerned, is in line with consistent, evidence-based policy choices and with the self-imposed guidelines as laid down in the so-called Trade Sustainability Impact Assessment (TSIA) Handbook. The second part of this contribution investigates whether the continued implementation of the precautionary principle on the side of the EU is properly secured in the view of the various rules, procedures and institutional arrangements contained in the CETA text. In that respect, the findings of a detailed study on this topic are summarised first, after which some of the critique from the side of the Dutch Minister of Foreign Trade and Development Cooperation and from the EU Commissioner for Trade is examined and commented upon.


2008 ◽  
Vol 33 (3) ◽  
pp. 257-294 ◽  
Author(s):  
Ljiljana Biuković

AbstractAmendments made to the Central European Free Trade Agreement (CEFTA) in 2006 mark significant developments in the economic integration of the Western Balkans. Among those amendments were changes to the Agreement's dispute resolution mechanism. This article analyzes the latest developments in economic integration in the Western Balkans and examines the nature and operation of the dispute resolution mechanisms used in CEFTA. Explanations for important changes to the dispute settlement process in CEFTA are suggested by examining the context of the members' economic, political, social and legal surroundings. The article surveys ongoing tendencies in the development of dispute resolution mechanisms in other regional trade agreements, in particular those utilized by the European Union (EU), as a means of exploring the rationale behind the new CEFTA. It argues that the EU practice—developed in EU association agreements with third countries—has inspired the 2006 amendments to the CEFTA dispute resolution mechanism.


2015 ◽  
Vol 48 (1) ◽  
pp. 195-218 ◽  
Author(s):  
Christopher J. Kukucha

AbstractDespite criticism of ongoing protectionism, this study argues that Canada's internal trade regime has evolved significantly since the implementation of the original Agreement on Internal Trade (AIT). This includes thirteen formal amendments to the AIT and numerous regional agreements in Western, Central, and Atlantic Canada. Borrowing from the liberal International Political Economy (IPE) literature it argues that existing regional agreements complement and offer a potential framework for broader internal trade reforms at the national level. Of these the New West Partnership Trade Agreement (NWPTA) offers a promising model for Canada's internal market, with revised rules and norms related to negative lists, labour mobility, procurement, and investment and dispute settlement. Ongoing efforts to remove barriers will also be linked to a strengthened Internal Trade Secretariat, confidence-building measures, increased transparency and further reform of technical language.


2019 ◽  
Vol 19 (3) ◽  
pp. 365-378 ◽  
Author(s):  
Dan Ciuriak ◽  
Ali Dadkhah ◽  
Dmitry Lysenko

AbstractIt has long been established in theory that uncertainty impacts on firm behaviour. However, the empirical basis for quantifying the uncertainty-reducing effects of trade agreements has not been firmly established. In this paper, we develop estimates of the effect of reducing uncertainty regarding regulation of foreign services markets by making commitments that are bound under a trade agreement. Specifically, we identify the effect on services trade of services trade restrictions, as measured by the OECD's Services Trade Restrictiveness Index (STRI), and the separate effect of ‘water’ in binding commitments, as assessed by the difference between countries’ commitments under the General Agreement on Trade in Services (GATS) or free trade agreements (FTAs) and applied levels of market access, as captured by STRI scores. Using a gravity model, we find that services trade responds positively but inelastically to reductions in services trade barriers, as measured by the STRI and, in our preferred regression, the response to actual restrictions is more than twice – specifically 2.4 times – as strong as the response to comparable reductions in uncertainty, as measured by water. Moving from GATS commitments to FTA commitments leads to a 4.7% increase in services trade because of the reduction in uncertainty.


Author(s):  
Edward D. Mansfield ◽  
Helen V. Milner

This chapter examines three auxiliary hypotheses that flow from the main argument. First, in countries with more veto players it is less likely that political leaders will be able to form deeper integration agreements. As trade agreements become more constraining, they will prompt greater resistance from more groups. Hence, countries marked by a large number of veto players are unlikely to accede to agreements that aim to achieve more extensive integration. Second, in the same vein, political leaders are also unlikely to enter preferential trading arrangements that include more constraints, such as a dispute settlement mechanism. Finally, in countries with more veto players, we expect greater delays between signing and ratifying agreements. As the number of veto players rises, so does the time needed for the government to convince these groups of the agreement's value and to design ways of compensating those that will be harmed by it.


2014 ◽  
Vol 15 (3-4) ◽  
pp. 679-704 ◽  
Author(s):  
August Reinisch

Although the eu Commission as negotiation leader in the field of external trade matters which, after Lisbon, also include investment will not issue a Model Investment Treaty, a number of its statements together with reactions by the Council and the Parliament allow the observer to draw conclusions as to the likely content of such future agreements. In addition, those trade agreements with investment chapters which are already close to finalization, like the Canada-eu Comprehensive Economic and Trade Agreement (ceta), provide telling insights concerning the main features of an eu agreement on investment protection. This article provides a general overview of the expected content of eu treaties in the field of investment, comprising scope of protection, substantive standards, and dispute settlement. It concludes that future eu investment agreements are likely to contain the traditional short eu bit standards to which a number of specifications inspired by North-American practice will be added.


Author(s):  
D. Lanko ◽  
◽  
I. Lantsova ◽  

The article discusses the Republic of Korea’s role in multiple already working and being negotiated free trade agreements from the viewpoints of the influence of Korea’s domestic affairs on the role and of the political and economic change among its partners in the free trade agreements. It finds that Korea’s position on the free trade agreements remained stable despite the shift to the domination of right-wing parties in Korea’s domestic politics in 2008 and back to domination of left-wing parties in 2017. Both left- and right-wing parties in Korea supported the free trade agreements, despite their rationale was different: in 2000s left-wing parties perceived the free trade agreements to curb negative consequences of the 1990s Asia’s financial crisis, while in 2010s right-wing parties perceived them as a response to the failure of multilateral trade negotiations within the World Trade Organization. It also finds that Korea’s partners in the free trade agreements sometimes seek to re-negotiate the already existing free trade agreements in response to domestic political and economic changes in those countries. In most cases, Korea and its partners managed to find common grounds at re-negotiations and thus to conclude renewed bilateral and multilateral free trade agreements. At the same time, Korea, China, and Japan have so far failed to conclude a trilateral free trade agreement, thus leaving the ASEAN in the position of the exemplary group of countries in the core of the network of Asia’s free trade agreements.


2017 ◽  
Vol 19 (4) ◽  
pp. 738-757 ◽  
Author(s):  
Andrew Reddie

AbstractThis article examines the controversial investor-state dispute settlement (ISDS) mechanisms in recent mega-free trade agreement. Below, I examine the origins of the ISDS concept and outline the controversy surrounding its use in the context of the Transatlantic Trade and Investment Partnership (TTIP). Then, I provide a theoretical discussion that outlines both the exogenous and endogenous factors that contribute to the inclusion of ISDS provisions in international trade agreements. Focusing on the latter endogenous factors, I then argue that not all international trade agreements are the same and that, as such, it is possible to develop a typology of international trade agreement across two variables (the number of parties and relative power) that impact the appropriateness of including an ISDS provision. I test this typology against the empirical record. Finally, I discuss potential innovations to the ISDS provisions and market-based mechanisms that address the dual challenges of discrimination and expropriation that ISDS is designed to address.1


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