Gats and Domestic Regulation: Balancing the Right to Regulate and Trade Liberalization

2009 ◽  
pp. 219-278 ◽  
Author(s):  
Jan Wouters ◽  
Dominic Coppens
Keyword(s):  
Trade Liberalization ◽  
The Right ◽  
Domestic Regulation

scholarly journals Suživot negatorijske zaštite od imisija i prava na život u zdravoj životnoj sredini

2018 ◽  
Vol 39 (1) ◽  
pp. 241-268 ◽  
Author(s):  
Gabrijela Mihelčić ◽  
Maša Marochini Zrinski
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Causal Link ◽  
Minimum Level ◽  
Healthy Environment ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right ◽  
Domestic Regulation

The authors analyse the national protection from emissions, in the first place, a property law component of this regime. Domestic regulation of the protection of property rights from harassment was brought in the perspective of the protection that the European Court of Human Rights provides for the right to live in a healthy environment, primarily through the protection of rights under Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to respect for private and family life and home). In the context of the latter, the authors have analysed the interpretative methods used by the European Court and explored the following features: the requirement that environmental and environmental impacts and disturbances violate the Convention right, that is, the existence of a specific Convention causal link; the category of minimum level of severity; oscillation of the "quantum" of minimum level of severity within conventional "fluctuations"; and the scope (and type) of protecting the right to live in a healthy environment through the paradigm of the positive / negative obligations of the Contracting States.

Political Transfer and “Trading Up”?: Transatlantic Trade in Genetically Modified Food and U.S. Politics

2003 ◽  
Vol 55 (4) ◽  
pp. 457-484 ◽  
Author(s):  
Alasdair R. Young
Keyword(s):  
United States ◽  
Trade Liberalization ◽  
Genetically Modified ◽  
The United States ◽  
Political Mobilization ◽  
Genetically Modified Food ◽  
Trade Dispute ◽  
Political Concern ◽  
Transatlantic Trade ◽  
Domestic Regulation

Although there is a popular perception that trade liberalization undermines domestic regulation, under certain circumstances international trade can provide a catalyst for making domestic regulations more stringent. This article makes a case extending the applicability of the so-called trading-up thesis by finding evidence of change within the United States in response to the transatlantic trade dispute over genetically modified food. In particular, it argues that political transfer—the transfer of political concern from one jurisdiction to political mobilization in another—can prompt policy change even in the absence of the adoption of foreign standards by domestic firms.

scholarly journals Bagaimana Asia-Pacific Economic Cooperation (APEC) Menyesuaikan Harapan dan Menjawab Tantangan untuk Mencapai Berbagai Tujuannya?

2015 ◽  
Vol 16 (2) ◽  
Author(s):  
Beginda Pakpahan
Keyword(s):  
East Asia ◽  
Trade Liberalization ◽  
Regional Cooperation ◽  
Asia Pacific ◽  
Vulnerable Groups ◽  
Pacific Region ◽  
Asia Pacific Region ◽  
Negative Impacts ◽  
Economic Developments ◽  
The Right

APEC has been established since 1989 with 21 member countries. The crucial questions are what are major works of APEC from 1994 to present time? What are APEC's current challenges? And, how APEC manages its hopes and responds to the challenges in order to reach its goals? This article argues that APEC is on the right track to attain the Bogor goals by pursuing trade liberalization in its member countries. There are several works which have been achieved by APEC, for example: its achievements for trade liberalization in goods and its support for facilitating foreign investment in the Asia-Pacific region. However, there are several challenges for APEC, such as the complexity of regional cooperation in South-East and East Asia and the social implications for vulnerable groups in developing countries within APEC as negative impacts of trade liberalization. Consequently, APEC should manage its hopes and responds challenges in order to meet its goals. APEC must adjust its hopes to be matched with the latest political and economic developments in the Asia-Pacific region. At the same time, South-East and East Asia become more integrated economic regions and apply an open regionalism for other countries from outside of these regions to engage with the developments in these regions. Overall, APEC must respond to crucial challenges (e.g. geo-politics and geo-economics) in the Asia-Pacific region which have changed overtime.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

The GATS: a legal perspective on crossroads of conflicting interests

2011 ◽  
Vol 10 (3) ◽  
pp. 325-342 ◽  
Author(s):  
NELLIE MUNIN
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Trade Liberalization ◽  
Domestic Policy ◽  
Global Trade ◽  
Trade In Services ◽  
Policy Goals ◽  
Legal Perspective ◽  
Conflicting Interests ◽  
Domestic Regulation

AbstractThe GATS was concluded among countries with conflicting interests. Although all its parties were interested in this agreement as an instrument for the enhancement of global trade in services, due balance between this interest and other interests, such as the special status of developing countries and of the sovereign right of Members for domestic regulation, formed a pre-condition for countries' adherence to it. Consequently, these interests were explicitly recognized in the agreement. Nevertheless, analyzing two recent GATS/GATT cases, US–Gambling and China–Publications and AV Products, the article suggests that the WTO adjudicating bodies might be keener to legally assist a complaining developing Member than respondents which are developing Members. It further suggests that in these cases the interests of international trade liberalization seem to prevail over domestic policy goals. The article further analyzes the current and future possible adverse implications of this approach on GATS development as the only multilateral instrument for the enhancement of international trade in services.

The Relation between Trade and FDI in Developing Countries -- A Panel Data Approach

2007 ◽  
Vol 7 (3) ◽  
pp. 1850114 ◽  
Author(s):  
Indradeep Ghosh
Keyword(s):  
Panel Data ◽  
Trade Liberalization ◽  
Fixed Effects ◽  
Explanatory Power ◽  
Trade Openness ◽  
The Other ◽  
Bilateral Investment Treaties ◽  
Right Hand ◽  
Investment Treaties ◽  
The Right

Using panel data for the period 1970-97, I examine the relation between a developing country's trade openness and the stock of its FDI liabilities. The paper makes two contributions. First, I find that trade openness is positively correlated with FDI liabilities, with or without country fixed effects. Moreover, this correlation remains robust to the inclusion of additional variables on the right hand side, such as GDP per capita, inflation, institutional quality, macroeconomic volatility and measures of capital controls. Secondly, I show that the source of this correlation is causality from FDI to trade openness, rather than the other way around. To establish this, I run IV regressions first with FDI as the dependent variable, and trade liberalization dates instrumenting for trade openness, and then with trade openness as the dependent variable, and bilateral investment treaties signed by countries instrumenting for FDI. I find that trade liberalization increases trade openness, but predicted trade openness has no explanatory power for FDI liabilities. On the other hand, the number of bilateral investment treaties signed by a country significantly increases its stock of FDI liabilities, and the predicted stock of FDI liabilities has significant explanatory power for trade openness. This is an important finding because the standard approach so far in the literature has been to include trade openness on the right hand side of regressions (with the left hand side involving some measure of FDI liabilities), thereby implicitly assigning to it a causal role. My paper shows that this practice introduces endogeneity bias in the regression coefficients.

scholarly journals Strategic priorities for the development of trade enterprises

2021 ◽  
pp. 16-18
Author(s):  
Tetiana HUSHTAN
Keyword(s):  
Trade Liberalization ◽  
Consumer Preferences ◽  
Living Environment ◽  
Retail Trade ◽  
Entrepreneurial Activity ◽  
International Financial Institutions ◽  
Natural Evolution ◽  
Economies In Transition ◽  
The Past ◽  
The Right

The paper describes the essence of the development of trade enterprises. Peculiarities of types of trade enterprises on branch and legal bases of their classification are noted. The guidelines of strategic priorities of trade development are outlined. Target indicators of strategic priorities of trade enterprises development are marked. The need to ensure a constant increase in the number of economic entities engaged in retail trade is justified. Trade liberalization has become widespread over the past three decades, especially among developing countries and countries with economies in transition, due to significant constraints on import-based development strategies and the influence of international financial institutions, which often support trade liberalization. Strategic priorities for trade development should focus on creating a comfortable environment for citizens and businesses (both producers of goods and businesses) through the development of multi-format trade infrastructure by stimulating the growth of all forms of entrepreneurial activity. It is a question of construction of system at which at the same time satisfaction of all participants of relations in the sphere of trade is provided. All formats of trade, regardless of size, are recognized as civilized and have the right to unhindered development within its identity and uniqueness, as well as natural evolution without government intervention due to increasing entrepreneurial activity, changing consumer preferences and citizens' desire for a comfortable living environment. Strategic priorities should cover the segments of retail and wholesale of consumer goods and focus on creating a comfortable consumer environment based on the development of all formats of trade, which provides the maximum choice of products and operators in accordance with the demands of any consumer.

scholarly journals Troubled Relationships under the GATS: Tensions between Market Access (Article XVI), National Treatment (Article XVII), and Domestic Regulation (Article VI)

2017 ◽  
Vol 16 (3) ◽  
pp. 449-474 ◽  
Author(s):  
GILLES MULLER
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Market Access ◽  
Trade In Services ◽  
National Treatment ◽  
Delicate Balance ◽  
The World ◽  
The Right ◽  
Domestic Regulation

AbstractThe General Agreement on Trade in Services (GATS) was adopted in order to establish meaningful liberalization rules, while preserving the right of Members to regulate. To that end, three provisions form the centerpiece of liberalization: market access (Article XVI GATS), national treatment (Article XVII GATS), and domestic regulation (Article VI GATS). Although these provisions contain different obligations, in certain conditions they can overlap. How this issue is resolved could undermine the delicate balance between liberalization and the right to regulate. As the GATS provides no guidance, the task of determining the applicable rules has been delegated to the World Trade Organization (WTO) adjudicating bodies. This paper examines how the three provisions have been interpreted, and analyzes the most applicable way to address the diversity of barriers to trade in services.

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