scholarly journals Political & Quasi-Adjudicative Dispute Settlement Models in European Union Free Trade Agreements - Is the Quasi-Adjudicative Model a Trend or is it Just Another Model?

Author(s):  
Edna Ramírez Robles
2018 ◽  
Vol 32 (2) ◽  
pp. 73-90 ◽  
Author(s):  
Dani Rodrik

Economists have a tendency to associate “free trade agreements” all too closely with “free trade.” They may be unaware of some of the new (and often problematic) beyond-the-boarder features of current trade agreements. As trade agreements have evolved and gone beyond import tariffs and quotas into regulatory rules and harmonization— intellectual property, health and safety rules, labor standards, investment measures, investor–state dispute settlement procedures, and others—they have become harder to fit into received economic theory. It is possible that rather than neutralizing the protectionists, trade agreements may empower a different set of rent-seeking interests and politically well-connected firms—international banks, pharmaceutical companies, and multinational firms. Trade agreements could still result in freer, mutually beneficial trade, through exchange of market access. They could result in the global upgrading of regulations and standards, for labor, say, or the environment. But they could also produce purely redistributive outcomes under the guise of “freer trade.” As trade agreements become less about tariffs and nontariff barriers at the border and more about domestic rules and regulations, economists might do well to worry more about the latter possibility.


2019 ◽  
Vol 32 (4) ◽  
pp. 781-800 ◽  
Author(s):  
Joanna Lam ◽  
Güneş Ünüvar

AbstractThis article scrutinizes the investment chapters in the new EU Free Trade Agreements from a transparency perspective. The article examines the claims that the dispute settlement mechanisms in the new treaties are sufficiently participatory and more transparent than their predecessors. Procedural standards related to confidentiality of proceedings shall be analysed in the context of existing transparency safeguards in investment arbitration. In addition to procedural guarantees of transparency, the article examines relevant substantive rules affecting participatory aspects of dispute settlement. Furthermore, the article discusses forum-shopping strategies of the parties in the field of investment-related disputes, including internal forum-shopping and parallel proceedings using different procedural mechanisms. In this context, lessons from other fields such as international commercial arbitration related to transparency (in cases in which public interest is present) are highlighted. The proposal for the establishment of an integrated, multilateral court for investment cases is also invoked.


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.


2019 ◽  
pp. 119-123
Author(s):  
V.Р. Zhdanova

Today, for the State Fiscal Service of Ukraine, one of the priority areas of international customs cooperation is cooperation with the customs authorities of other countries on the fulfillment of the terms of current free trade agreements. In this context, the exchange of information on the country of origin of goods moving across the customs border of Ukraine is of particular importance, which is one of the important factors for intensifying trade between Ukraine and the European Union. The Association Agreement between Ukraine and the European Union defines a number of obligations that Ukraine must fulfill in order to harmonize national legislation with the requirements of the relevant legislation of the European Union. Please note that there are now over 400 аgreements about free trade and preferential trade agreements that reduce customs tariffs on certain goods, provided they meet the specified origin criteria. However, many participants in foreign economic activity ignore the fact that they may claim tariff preferences or are uninformed in determining whether the goods they buy or sell are entitled to preferential treatment. As a result, many international trade participants pay a fee for goods originating in countries that are parties to the Free Trade Agreements, losing a financial advantage over their competitors. However, many exporters also lose business opportunities, and micro, small and medium-sized enterprises are particularly affected. This article is aimed at exploring the main aspects of legal and organizational support for the exchange of information on issues of the country of origin of goods in the course of customs in Ukraine. The author also intends to explore aspects of international cooperation of the State Fiscal Service of Ukraine with other customs authorities in determining the country of origin of goods moving across the customs border of Ukraine. Determine the possibility of further application of the preferential conditions provided for in the Free Trade Agreements concluded with the participation of Ukraine in the prevention, detection, and/or termination of customs-related violations of the origin of goods. Keywords. information, exchange of information, product, country of origin of the product, international trade.


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