scholarly journals The Role of Non-Discrimination in a World of Discriminatory Preferential Trade Agreements

2020 ◽  
Author(s):  
Kamal Saggi ◽  
Woan Foong Wong ◽  
Halis Murat Yildiz
2007 ◽  
Vol 6 (2) ◽  
pp. 155-192 ◽  
Author(s):  
MARTIN ROY ◽  
JUAN MARCHETTI ◽  
HOE LIM

AbstractThis paper attempts to fill a gap in the trade literature by providing a comprehensive overview of services liberalization commitments in the new generation of preferential trade agreements (PTAs) as compared to prevailing GATS commitments and Doha Round offers. The paper reviews the commitments undertaken by 36 WTO Members (counting the EC as one) under mode 1 (cross-border supply) and mode 3 (commercial presence) in 32 PTAs negotiated since 2000. Among other things, the results suggest that, overall, PTA commitments tend to go significantly beyond GATS offers. Countries that have signed PTAs with the United States have made spectacular improvements, but GATS+ commitments are not limited to such agreements. The paper also discusses the potential economic costs arising from these preferential agreements and implications for the role of GATS and for multilateral services negotiations. The paper concludes by exploring possible approaches to overcome the downsides of services PTAs, including suggestions for a more pro-active role for the WTO in the surveillance of these agreements.


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.


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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