scholarly journals Is the Liberal International Trade Order Fragmenting or Diverging?: Contested Digital Trade Regimes through Preferential Trade Agreements

2020 ◽  
Vol 60 (3) ◽  
pp. 49-84
Author(s):  
In Tae Yoo
Author(s):  
Michael Trebilcock

While economists overwhelmingly favor free trade, even unilateral free trade, because of the gains realizable from specialization and the exploitation of comparative advantage, in fact international trading relations are structured by a complex body of multilateral and preferential trade agreements. The article outlines the case for multilateral trade agreements and the non-discrimination principle that they embody, in the form of both the Most Favored Nation principle and the National Treatment principle, where non-discrimination has been widely advocated as supporting both geopolitical goals (reducing economic factionalism) and economic goals (ensuring the full play of theories of comparative advantage undistorted by discriminatory trade treatment). Despite the virtues of multilateral trade agreements, preferential trade agreements (PTAs), authorized from the outset under GATT, have proliferated in recent years, even though they are inherently discriminatory between members and non-members, provoking vigorous debates as to whether (a) PTAs are trade-creating or trade-diverting; (b) whether they increase transaction costs in international trade; and (c) whether they undermine the future course of multilateral trade liberalization. A further and similarly contentious derogation from the principle of non-discrimination under the multilateral system is Special and Differential Treatment for developing countries, where since the mid-1950s developing countries have been given much greater latitude than developed countries to engage in trade protectionism on the import side in order to promote infant industries, and since the mid-1960s on the export side have benefited from non-reciprocal trade concessions by developed countries on products of actual or potential export interest to developing countries. Beyond debates over the strengths and weaknesses of multilateral trade agreements and the two major derogations therefrom, further debates surround the appropriate scope of trade agreements, and in particular the expansion of their scope in recent decades to address divergences or incompatibilities across a wide range of domestic regulatory and related policies that arguably create frictions in cross-border trade and investment and hence constitute an impediment to it. The article goes on to consider contemporary fair trade versus free trade debates, including concerns over trade deficits, currency manipulation, export subsidies, misappropriation of intellectual property rights, and lax labor or environmental standards. The article concludes with a consideration of the case for a larger scope for plurilateral trade agreements internationally, and for a larger scope for active labor market policies domestically to mitigate transition costs from trade.


2016 ◽  
Vol 54 (4) ◽  
pp. 1125-1231 ◽  
Author(s):  
Kyle Bagwell ◽  
Chad P. Bown ◽  
Robert W. Staiger

The WTO has delivered policy outcomes that are very different from those likely to emerge out of the recent wave of preferential trade agreements (PTAs). Should economists see this as an efficient institutional hand-off, where the WTO has carried trade liberalization as far as it can manage, and is now passing the baton to PTAs to finish the job? We survey a growing economics literature on international trade agreements and argue on this basis that the WTO is not passé. Rather, and subject to some caveats, our survey of research to date suggests that the WTO warrants strong support while a more cautious view of PTAs seems appropriate. (JEL F13, F14, K33, N70)


Author(s):  
Kseniya V. Mokhnatkina ◽  
◽  
Nataliia V. Naidenova ◽  
Anna Y. Shkryabina ◽  
◽  
...  

Introduction. Changes in the balance of power in the global economy, the increasing role of the Asia-Pacific countries in international trade, the consequences of the global crisis of 2008–2009 led to a revision of foreign trade policy by both developed and developing countries, to an increased application of protective measures of national economy. Theoretical analysis. State economic policy aimed at protecting and realizing the interests of the national economy is protectionism in a broad sense. In a narrow sense, protectionism is considered as a foreign trade policy. The use of historical and logical methods in the study of the foreign trade policy of protectionism made it possible to identify the main stages of its development and the characteristics of each stage. Empirical analysis. The study analyzes the dynamics of the current and financial accounts of the balance of payments of Russia and the largest participants in international trade, shows the degree of their dependence on international trade and their vulnerability to the strengthening of protectionist measures. The article substantiates the need for Russia to pursue a policy of neo-protectionism, stimulate the generation of its own value chains and join regional chains, and actively participate in regional and preferential trade agreements. Results. At the new stage of the foreign trade policy of protectionism, its measures became more hidden, and the role of customs duties faded into the background. The desire to reduce non-tariff barriers, protect intellectual property rights, remove restrictions associated with manipulating the exchange rate, encourage regional integration, the conclusion of preferential trade agreements. In the future, having fulfilled a progressive role, regional and preferential agreements can be transformed into multilateral ones. The creation of a mechanism for such a transformation may become a new function of the reformed WTO.


2019 ◽  
Vol 8 (2) ◽  
pp. 186
Author(s):  
I Gusti Ngurah Parikesit Widiatedja

<p>International trade has resulted positive impacts, such as alleviating poverty and increasing jobs. All countries then start concluding trade agreements multilaterally, regionally and bilaterally. The existence of preferential trade agreements is increasingly significant due to the deadlock of multilateral trade agreements. Although providing benefits, international trade has adversely affected environment. Some international treaties suggest how countries should include environmental concern in their PTAs. Unlike traditional PTAs, most of modern PTAs have incorporated environmental concern, reconciling the goal of trade liberalization and environmental protection. In Indonesia, there is a link between international trade and environmental harm. This article aims to show the existing Indonesia’s PTAs, analysing how Indonesia has put, and how it should put environmental concern in its PTAs. This article argues that only a few Indonesia’s PTAs have incorporated environmental concern in their provisions. Moreover, when they include environmental concern, there is no further elaboration on how this process should be undertaken. Compare to other existing PTAs, Indonesia should start incorporating environmental concern in its PTAs, and then allow the right of government to impose protective measure in order to preserve environment. </p>


2019 ◽  
Vol 63 (4) ◽  
pp. 923-937
Author(s):  
Claire Peacock ◽  
Karolina Milewicz ◽  
Duncan Snidal

Abstract New international agreements often recycle language from previous agreements, using boilerplate solutions alongside customized provisions. The presence of boilerplate in international agreements has important implications for understanding how international rules are made. The determinants behind boilerplate in international agreements have not previously been systematically evaluated. Using original data from a sample of 348 preferential trade agreements (PTAs) adopted between 1989 and 2009, we combine novel text analysis measures with Latent Order Logistic (LOLOG) graph network techniques to assess the determinants behind boilerplate in labor and environmental provisions commonly found in PTAs. Our results indicate that whereas boilerplate can be used for both efficiency and distributive purposes, international boilerplate is used primarily for efficiency gains and power-distribution considerations are not systematically important.


2019 ◽  
Vol 23 (1) ◽  
pp. 119-141
Author(s):  
Tom S H Moerenhout

ABSTRACT Energy subsidy and pricing reform is widely heralded as a necessity to transition to sustainable development and keep global warming below 2°C. Energy pricing policies and subsidies are also at the heart of the energy–trade–climate nexus, but progress has been slow within the international trade regime. This is unlike other international organizations or networks, where progress has been more substantial. This article investigates the lack of legitimacy to regulate or coordinate pricing reform and links it to fundamentally divergent interests between fuel producers and importers. The article discusses the regulatory and coordinative potential of the World Trade Organization and preferential trade agreements. It finds that at the World Trade Organization, the Subsidies and Countervailing Measures, the Anti-Dumping Agreement, case law, Ricardian theory, and negotiation history all preempt the consideration of most pricing policies as subsidies. As a result, subsidy notification within the World Trade Organization is low and while other options for improving transparency via the Committee on Trade and Environment and Trade Policy Review Mechanism have been suggested, not much has actually happened because producers protect their comparative advantage. Therefore, support for fuel pricing reform remains on a general level via Ministerial Statements or through general provisions in preferential trade agreements that reconfirm the G-20 and Asia Pacific Economic Cooperation commitments to fuel subsidy reform. The only real advancement has been made within bilateral trade negotiations where heavyweights such as the European Union can push trading partners to abandon dual pricing policies.


Author(s):  
Leonardo Borlini

An increasingly important aspect of EU trade policy since the lifting of its self-imposed moratorium on preferential trade agreements (PTAs) has been the inclusion of WTO+ provisions on subsidies in bilateral agreements negotiated with a number of third countries. This article covers the main bilateral PTAs negotiated after the publication of the Commission’s Communication on ‘Global Europe’ in order to explore the implications of the different subsidy disciplines they set out. It also discusses the questions that arise when examining the legal discipline of public aid provided by such agreements, regarding not only the substantive appropriateness of standards and rules on compatibility, but also the procedural mechanisms designed to guarantee the implementation and the enforcement of such rules. It concludes that the most advanced among the EU PTAs are shaped as competition regulation and go beyond a mere negative function, ensuring that subsidies can contribute to fundamental public goals.


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