Rethinking the (CP)TPP as a Model for Regulation of Chinese State-Owned Enterprises

2021 ◽  
Author(s):  
Weihuan Zhou
Keyword(s):  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Multilateral Negotiations ◽  
Balanced Approach ◽  
Chinese State ◽  
Widespread View

ABSTRACT This paper challenges the widespread view that the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) provides the most advanced rules for regulating China’s state-owned enterprises (SOEs). It argues that compared to China’s existing World Trade Organization (WTO) obligations, particularly those specifically tailored to it, the CPTPP SOE chapter does not provide more rigorous or workable rules but rather has narrower applications and more carve-outs. More recent US/EU free trade agreements (FTAs) are largely based on the CPTPP SOE chapter. While these FTAs also seek to address some deficiencies in the CPTPP SOE chapter and gradually expand the rules on subsidies and SOEs, the expanded rules are balanced by the inclusion of extensive exceptions. This balanced approach may be used to facilitate multilateral negotiations of SOE rules, but if this approach is adopted, WTO Members will need to be prepared to negotiate with China on replacing the potentially very broad and rigid China-specific WTO rules with more balanced new rules that apply to all members. The likely consequence would be softer rather than stronger disciplines on Chinese SOEs.

Japan's FTA Strategy toward Highly Developed Countries: Comparing Australia's and Switzerland's Experiences, 2000––09

Asian Survey ◽  
2010 ◽  
Vol 50 (6) ◽  
pp. 1058-1081 ◽  
Author(s):  
Hidetaka Yoshimatsu ◽  
Patrick Ziltener
Keyword(s):  
Natural Resources ◽  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Developed Countries ◽  
European Market

This article analyzes Japan's motivations in opening negotiations on free trade agreements with Australia and Switzerland, highlighting intersections between domestic and international factors. While Australia is a security ally of Japan and a main source of natural resources, Switzerland is a traditional ally in World Trade Organization negotiations and considered a gateway to the European market.

scholarly journals Free Trade Agreements: WTO and ASEAN Implications

2004 ◽  
Vol 20 ◽  
pp. 95-111
Author(s):  
Jose L. Tongzon
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Trade Negotiations ◽  
Multilateral Trade ◽  
The World ◽  
Asean Countries

The World Trade Organization (WTO) (formerly GATT) was established primarily to achieve free trade across the globe based on the principle of non-discrimination and the process of multilateral trade negotiations. The fact that most countries are members of WTO reflects the worldwide belief in the benefits of a global free trade. Despite its achievements since the first round of multilateral trade negotiations was held, the effectiveness of the process has been called into question. Most WTO members are now proposing new regional trading arrangements (RTAs), such as free trade agreements (FTAs). What implication does these RTAs have for the WTO and ASEAN countries? Should ASEAN countries give regionalism priority over the WTO-based multilateral approach? To answer this questions, this paper will first summarize the motivations behind the formation of RTAs before presenting the merits and demerits of RTAs as an approach to achieve universal free trade and maximize developing countries' welfare. It is argued that despite its inherent limitations it is important for ASEAN countries to remain primarily committed to the principles of WTO and the process of multilateral trade negotiations.

International Trade in Carbon Units under GATT 1994 and Free Trade Agreements

2018 ◽  
Author(s):  
James Munro
Keyword(s):  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Economic Value ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Case Law ◽  
Appellate Body ◽  
The World ◽  
Gatt 1994

Chapter 4 examines whether carbon units qualify as ‘goods’/‘products’ under GATT 1994 and free trade agreements covering goods. Despite complexities, the analysis of Chapter 4 concludes that, on balance, the better view is that ‘carbon units’ do qualify as ‘products’ and ‘goods’ under GATT 1994 and free trade agreements covering goods. This is because they can be possessed, stored, traded across borders, and hold economic value. The most challenging aspect is the lack of obvious ‘production’ involved in some classes of units. However, since some units are clearly ‘produced’, and since all units are fungible and are, to some degree, in a competitive market relationship with one another, regardless of how they are created, it would be anomalous if only some classes of carbon units were covered. If, however, the Appellate Body of the World Trade Organization were to determine—contrary to existing case law—that tangibility is a threshold requirement of ‘goods’/‘products’, it is clear that no carbon units would qualify.

scholarly journals Glossary on free trade agreements and health part 2: new trade rules and new urgencies in the context of COVID-19

2021 ◽  
pp. jech-2020-215105
Author(s):  
Courtney L McNamara ◽  
Ronald Labonte ◽  
Ashley Schram ◽  
Belinda Townsend
Keyword(s):  
Health Policy ◽  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Political Context ◽  
Trade Negotiations ◽  
Health Implications ◽  
The World

Part 1 of this glossary provided a brief background on the rise of regional/bilateral free trade agreements (FTAs) and described the health implications of new trade obligations that figure prominently in current and recent trade negotiations, focusing on those provisions that build on previous agreements of the World Trade Organization (WTO). This approach continues into part 2 of the glossary, which also considers components of FTAs that have no precedent within WTO treaties. Following a broader discussion of how the current political context and the COVID-19 pandemic shape the contemporary trade environment, part 2 considers the main areas of trade and health policy incoherence as well as recommendations to address them.

scholarly journals From Preferential Trade Arrangements to Free Trade Agreements: One of the Downturns of Cooperation in International Relations?

2020 ◽  
Vol 9 (8) ◽  
pp. 139 ◽  
Author(s):  
Jose Jaime Baena-Rojas ◽  
Susana Herrero-Olarte
Keyword(s):  
Developing Countries ◽  
International Relations ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Developed Countries ◽  
Tariff Preference ◽  
Preferential Trade ◽  
Trading Partners

Since the signing of the General Agreement on Tariffs and Trade (GATT) and the creation of the World Trade Organization (WTO), preferential trade agreements (PTAs) have been an interesting tool to promote international cooperation through the granting of non-reciprocal and/or unilateral tariff preferences by developed countries to developing countries. These international agreements have tended to generate critical trade dependencies for the receiving countries. Due to the circumstances of world trade and due to the lack of interest of the grantors to maintain this type of tariff preference, these developing countries are forced to renegotiate their PTAs into to free trade agreements (FTAs). To demonstrate this, we conducted a qualitative analysis to characterize the behavior of PTAs and their impact on the configuration of FTAs and to obtain indicators and trends. The results suggested a predominance of FTAs and a decline in PTAs. This was done to maintain access to the markets within those granting countries, which also became the main trading partners of these PTA recipient countries.

scholarly journals Mobility Norms in Free Trade Agreements

2018 ◽  
Vol 17 (1) ◽  
pp. 83-117 ◽  
Author(s):  
Flavia Jurje ◽  
Sandra Lavenex
Keyword(s):  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Lower Sensitivity ◽  
Labour Mobility ◽  
Asian Countries ◽  
The World ◽  
Multi Level ◽  
Migrants Rights

Abstract Notwithstanding their traditional attachment to sovereignty, Southeast and East Asian countries have embraced a dynamic agenda of labour mobility liberalisation through trade agreements. This article assesses the free movement agenda within ASEAN from a multi-level perspective, comparing it to ASEAN countries’ corresponding commitments within the World Trade Organisation’s General Agreement on Trade in Services and Free Trade Agreements (FTAs) concluded as a group or individually with non-ASEAN countries. Contrary to other trade aspects it turns out that intra-regional commitments within ASEAN do not significantly exceed multilateral ones, and score below the level of liberalisation achieved in ASEAN+ and bilateral FTAs. This article interprets this discrepancy as a consequence of strong economic and labour market differences among ASEAN members as well as the lower sensitivity of allegedly technocratic FTAs for considerations of national sovereignty. The article concludes with the limits of this trade policy approach for migration governance and migrants’ rights.

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