The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America

Author(s):  
Juan Carlos Lara Gálvez ◽  
Alan M. Sears

This chapter discusses the impact of free trade agreements (FTAs) on intermediary liability in Latin America, with special emphasis on the Digital Millennium Copyright Act’s (DMCA) provisions that have been included into every bilateral FTA the United States has entered into since 2002, thus promoting their inclusion in the national law of other countries. However, these provisions are controversial, and whether they drive the internet economy or create a more restrictive online space is a matter of debate. This chapter analyses the impact of such provisions in Latin American countries and the state of their implementation in national jurisdictions. In particular, this chapter reviews implementation and proposed implementation of the DMCA model in Chile, Costa Rica and other CAFTA bloc countries, Colombia, and Peru. It also discusses the failure of the Trans-Pacific Partnership Agreement to create new intermediary liability rules and how the same language was ultimately included in the revision of the North American Free Trade Agreement (NAFTA), which became the US–Mexico–Canada Agreement (USMCA).

2009 ◽  
Vol 35 (S1) ◽  
pp. 147-167 ◽  
Author(s):  
ANN CAPLING ◽  
KIM RICHARD NOSSAL

AbstractStudents of regionalism almost reflexively include North America in their lists of regions in contemporary global politics. Inevitably students of regionalism point to the integrative agreements between the countries of North America: the two free trade agreements that transformed the continental economy beginning in the late 1980s – the Canada–US Free Trade Agreement that came into force on 1 January 1989, and the North American Free Trade Agreement (NAFTA) between the United States, Mexico, and Canada, that came into force on 1 January 1994 – and the Secutity and Prosperity Partnership of North America (SPP), launched in March 2005. These agreements, it is implied, are just like the integrative agreements that forge the bonds of regionalism elsewhere in the world. We argue that this is a profound misreading, not only of the two free trade agreements of the late 1980s and early 1990s and the SPP mechanism of 2005, but also of the political and economic implications of those agreements. While these integrative agreements have created considerable regionalisation in North America, there has been little of the regionalism evident in other parts of the world. We examine the contradictions of North America integration in order to explain why North Americans have been so open to regionalisation but so resistant to regionalism.


Author(s):  
Marta Migliorati ◽  
Valerio Vignoli

Abstract Since the Lisbon Treaty, the European Parliament (EP) has considerably increased its competencies in European Union (EU) trade policy. At the same time, a ‘new generation’ of free trade agreements (FTAs), including the Transatlantic Trade and Investment Partnership (TTIP) with the United States, Comprehensive Economic and Trade Agreement (CETA) with Canada, and the agreement with Japan, have been negotiated by the European Commission. Although existing literature has tackled the process of the EP's institutional self-empowerment in this policy area, there is no systematic research investigating the lines of conflict within the EP over FTAs. Through a newly collected dataset of all EP plenary debates between 2009 and 2019 on six relevant FTAs, we extract EP Members’ (MEPs) preferences by means of a manual textual analysis. We then test the explanatory power of the two traditional lines of cleavages within the EP over MEPs stated preferences: position on the left-right axis and support for EU integration. We find that both these dimensions fundamentally shape the conflict in the EP over FTAs. The impact of these two ideological cleavages is magnified in the context of politicized FTAs, namely the TTIP and CETA. Through these findings, the paper significantly contributes to the research on competition in the EP and, more broadly, to the understanding of EU trade policy and its emerging politicization dynamics.


2018 ◽  
Vol 112 (3) ◽  
pp. 510-513 ◽  

Consistent with his approach on the campaign trail, President Trump has demonstrated a continued interest in revamping U.S. trade agreements. By the late spring of 2018, the Trump administration had negotiated modest changes to the United States-Republic of Korea Free Trade Agreement (KORUS) in favor of U.S. interests. It had yet to reach any final agreement with regard to the North American Free Trade Agreement (NAFTA), despite the expiration of an initial deadline that was designed to ensure adequate time for a vote on the negotiated agreement by the present Congress. To ease the passage of future trade deals, Trump has triggered the three-year extension of a process that provides expedited congressional consideration of negotiated trade agreements.


Author(s):  
Richard D. Mahoney

How did the U.S.-Colombia free trade agreement come about? The officially named “U.S.-Colombia Trade Promotion Agreement” was the stepchild of a rancorous hemispheric divorce between the United States and five Latin American governments over the proposal to extend the North American Free Trade Agreement...


2016 ◽  
Vol 61 (05) ◽  
pp. 1550098
Author(s):  
KICHUN KANG ◽  
PHYLLIS KEYS ◽  
YOON S. SHIN

Recent literature on the dynamics of export destinations has argued that firms export their products to new markets that are geographically close and culturally related to their previous export destinations. A modified version of [Melitz, M (2003). The impact of trade on intra-industry reallocations and aggregate industry productivity. Econometrica, 71(6), 1695–1725.] model suggests that a preferential trade agreement may provide inefficient firms with opportunities to export their products to third destination countries. This paper finds that new Korean products have been exported to the Chile market because of reductions in Chilean tariffs and the experience gained from exporting to the Chilean market has increased the likelihood of subsequent export to other countries in South America. The paper provides direct evidence that a free trade agreement (FTA) can serve as a stepping stone to other markets.


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.


2017 ◽  
Vol 17 (1) ◽  
pp. 20160074 ◽  
Author(s):  
Surender Kumar ◽  
Prerna Prabhakar

This paper analyses the role of Free Trade Agreements in determining export and import efficiency levels in India using stochastic frontier version of gravity model. We estimate the impact of selected FTAs of India (its bilateral FTAs, FTA with ASEAN and South Asian FTA) and regulatory quality on the efficiency of exports and imports over the period of 2000–2014. The results indicate that India’s bilateral FTAs and its FTA with the ASEAN group help in improving the export and import efficiency respectively. However, the South Asian Free Trade Agreement is statistically insignificant for India’s export and import efficiency. The results also highlight importance of trading partners’ regulatory quality for enhancing the India’s trade efficiency and note that the impacts of regulatory quality are non-monotonic.


2005 ◽  
Vol 4 (2) ◽  
pp. 287-314 ◽  
Author(s):  
Christopher Dent

AbstractSince the late 1990s there has been a rapid proliferation of bilateral free trade agreement (FTA) projects in East Asia and the Asia-Pacific, regions previously largely devoid of FTA activity by comparison to others. As this trend has intensified, so have discussions on whether it will help advance regional co-operation and integration. This paper examines the nature of FTAs themselves and the main causes of East Asia and Asia-Pacific FTAs. The 'lattice regionalism' hypothesis is considered: whether dense economic bilateralism provides a sub-structural foundation on which economic regionalism (i.e. co-operation and integration) can build. Closely related is the issue of competing FTA models and modalities in the Asia-Pacific, and special attention is afforded to the 'asymmetric neoliberal' FTA model of the United States and the 'developmental–industrial' FTA model championed by Japan. It is argued that the contrasts between these make the emergence of an Asia-Pacific FTA unlikely in even the distant future. Japan's FTA model is also considered relative to perhaps East Asia's most important FTA project, the ASEAN–China FTA (ACFTA), and we discuss how bilateral FTA developments in the region more generally may or may not lead to enhanced regional economic co-operation and integration in East Asia.


Author(s):  
Raşit Gültekin ◽  
Mustafa Erkan Üyümez

The last period of international trade in goods covers a process carried out with globalization and regionalization efforts. Many countries, on the one hand, take part in arrangements that are executed under the leadership by global actors and aim at removing or reducing conventional obstacles to international trade, on the other hand, participate in various and regional economic integrations to provide a more deep and comprehensive economic cooperation and to cope with the competition and trade restrictions which continually increasing due to political, commercial and economical motives. Trade relations between Turkey and Russian Federation is an important element of the two countries' multidimensional cooperation. The most effective attempt to raise the top level of the volume and quality of existing commercial relationships will be the signing and putting into practice of a comprehensive free trade agreements between the two countries that have not been done previously. The purpose of this study is to determine the potential effects of such a free trade agreements between Turkey and Russian Federation in terms of trade in goods between two countries. To this end, in this study, theoretical aspects of free trade agreements' effects and place within regional integration types will be considered the impact of the possible Turkey-Russia free trade agreement will be examined in a framework of basic provisions with customs duties that set out in free trade agreements, recent trade data and key issues related to these countries.


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