Re-Engaging States in the Development of the Investment Law Regime: The Potential Role of Trade Commissions Under Free Trade Agreements

2016 ◽  
Author(s):  
Amokura Kawharu
2016 ◽  
Vol 83 (1) ◽  
pp. 176-201 ◽  
Author(s):  
Robert Reed ◽  
Christina Lira ◽  
Lee Byung-Ki ◽  
Junsoo Lee

Author(s):  
Christophe Rault ◽  
Ana Maria Sova ◽  
Robert Sova

The main goal of regionalization is the creation of free trade areas and the guarantee for countries to accede to a widened market. Many studies dealing with the effects of regional free trade agreements on trade flows already exist in economic literature and the increase of regional agreements among nations has recently stressed the key role of regionalization. However, the effects of agreements on trade have not yet been clearly determined in those studies. Our research in this paper aims at reassessing the genuine role of associations. For this matter, we particularly study the association of Romania with European Union countries. Our econometric analysis based on qualitative choice models highlights in particular why European countries chose to conclude an association agreement with Romania, and stresses the fact that European Union countries select endogenously the conclusion of association agreements. We also find a 29% positive impact of the association agreement on Romanian export performances.


Author(s):  
Łukasz Klimczak ◽  
Jelena Trivić

The purpose of this paper is to identify factors that had an influence on bilateral trade flows among the CEFTA countries with special emphasize: 1) on the role of CEFTA agreement and its preceding network of bilateral free trade agreements, and 2) on the role of institutions in facilitating intra-regional trade. In order to assess the impact of these variables on trade, we employed an augmented gravity model based on panel data of the CEFTA countries in fifteen years period (2000-2014). The results of the research suggest that there was a positive and statistically significant role of the CEFTA agreement on trade between its parties but the influence of the preceding bilateral free trade agreements was even higher. Results also showed that institutions can play an important role as trade facilitators, but mainly in the importing country while in the exporting country only three of six variables showed to have a positive sign.


2016 ◽  
Vol 18 (1) ◽  
pp. 20-71
Author(s):  
James Day

This paper turns to the popular field of international investment law, but rather than assessing the consequences of the various bilateral and free trade agreements that dominate this area, it looks at how these agreements are made. Particularly, in an area that is perceived as wanting in legitimacy, it analyses the structures that are involved in making these agreements and assesses them against principles of participatory democracy. Using three participatory sub-principles of openness, inclusiveness and responsiveness as benchmarks, it comments on just how involved the people of the EU and Australia are in making their respective international investment law policies. It uses the recent and ongoing TTIP and TTP negotiations as principal case studies. Ultimately, it concludes that, while both subjects inherit strong foundations for the participation of its people and their processes are not as dismissive as is perhaps publicly perceived, both have a way to go in being truly participatory.


2020 ◽  
Vol 15 (1) ◽  
pp. 77-106
Author(s):  
Phạm Hồng Thái ◽  
Vũ Công Giao ◽  
Nguyễn Anh Đức

This paper tackles the question of how the current court system of Vietnam can contribute to fighting against corruption in the country. The authors provide an overview of the role of the court system in anti-corruption as well as several traditional problems that weaken its power in curbing corruption. The court system also faces new challenges raised by free trade agreements as a result of development progress. Based on the current situation, the authors argue that although there have been many attempts to reform the court system of Vietnam, the ability to prevent corruption in the court system in the coming years will remain weak. The situation has been explained by the separation of power in Vietnam and the influence of the Communist Party of Vietnam. The authors agree with these arguments but also provide new reasons such as cultural background, integrity of judges, and incorrect understanding of the core principles. They hope that this paper will help to provide a clearer vision of the role of the Vietnamese court system in general as well as of the anti-corruption fight.


2013 ◽  
Vol 18 (1) ◽  
pp. 153-173 ◽  
Author(s):  
Steve Woolcock

Abstract This article assesses the factors shaping policy diffusion of effective, liberal public procurement regimes. Policy diffusion and the analysis of policy diffusion is less developed in public procurement than other policy areas such as investment. This is surprising given the potential economic (public procurement accounts for some 8% of GDP) and signaling (transparency, good governance) gains of adopting regimes that promote competition in public procurement markets. The article first provides an introduction to the issue of public procurement and discusses the nature of procurement regimes, the dependent variable. It then assesses the impact of key variables identified in the literature on policy diffusion, such as competition, coercion and norm emulation. It is argued that issue linkage in bilateral free trade agreements (FTA) appears to have brought about common laws – and in some cases – rules for procurement. But this stops short of a genuine diffusion of liberal procurement regimes due to negotiations being framed by reciprocity rather than efficiency considerations, the costs and complexity of implementation, as well as opposition from vested sector interests and politicians at all levels of government favoring the short term political utility of ‘buy local’ policies.


Author(s):  
Aleksandr Nikolaevich Fedorovskii

The article deals with the main purposes, opportunities and risks of the Republic of Korea’s involvement in integration projects. The author stresses the basic principles of South Korean foreign economic strategy, including common views of the different president administrations on key foreign economic priorities, including constant support of business expansion towards the most prominent markets. The analysis focuses also on new methods of support of national business interests: the transition from rigid defense of domestic market to adoption to growing competition at home as far as foreign partners agreed to open their markets to South Korean export. The paper describes role of bilateral Free Trade Agreements (FTA) and regional mega-projects in South Korea’s foreign economic diplomacy. Comparison study of bilateral Free Trade Agreements between the Republic of Korea on the one side, European Union, the USA and China on the other sides. The author characterizes growing role of China and other East Asian countries for South Korean economy the ROK-China Free Trade Agreement, including some obstacles and limitations to upgrade development of bilateral economic exchanges. Special attention paid to positive and negative factors, influenced on economic integrations between China, Japan and the Republic of Korea. The paper describes Seoul’s interests in economic integration projects in East Asia, including involvement in joint economic projects with ASEAN. The author analyses the Republic of Korea’s attitude to regional mega-projects in Asia-Pacific region such as Trans-Pacific Partnership. Finally the article describes modern stage and possible development of Russia-South Korea economic relations and contains forecast of the main trends of the Republic of Korea’s involvement in integration projects in East Asia and in Asia-Pacific region in general.


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