The Jurisprudence of International Trade: The Disc Case in Gatt

1978 ◽  
Vol 72 (4) ◽  
pp. 747-781 ◽  
Author(s):  
John H. Jackson

Law in the setting of international relations is a curious institution. Idealists proclaim it to be the potential savior of the planet; cynics thumb their noses at it and direct attention to the difficulty of enforcing its rules. Even in the more regularized setting of international economic relations there is considerable ambiguity and conflict as to the role which law or rules should play, and much worry that recent economic stresses are creating a breakdown in the compliance with those few rules that do exist. Such breakdown can, it is alleged, lead at worst to trends similar to corresponding breakdowns in the 1930’s, or at least to the loss of one otherwise effective implement of diplomacy (rulemaking). Why negotiate new treaty rules if there is little chance they will be observed?

2021 ◽  
Vol 118 (5) ◽  
pp. 48-65
Author(s):  
ONYSHCHENKO Volodymyr

Background. Dynamic changes in international economic relations and trade for thorough analysis and forecasting require an adequate paradigm of international trade theory, which would take into account not only economic and political factors of its development, but also the diverse civilizational context of the world community, which determines mental, social and cultural features of the development of a country. Problem research state. Problems of political economy in international trade to some extent affect the research of P. Krugman, M. Obstfeld, J. Frieden, E. Helpman, P. S. Afontsev, A. Mazaraki, T. Melnyk, V. Panchenko, N. Reznikova and others. But the structure of its methodological discourse and the subject of its research remain unclear. The aim of the articleis to clarify the political and economic discourse of the theory of international trade. Materials and methods. The materials of the research were the works of domestic and foreign specialists. In the process of preparing the article, general scientific research methods were used: historical, logical analysis, synthesis and abstraction. Results. Political economy is a normative manifestation of economic theory, which is formed under the influence of socio-economic and political concepts, the formed goals of social development. The subject of political economy of international trade – economic and socio-political relations that determine and accompany international trade and determine the goals and content of trade policy of its subjects. It is proposed to expand the mechanism of formation of relative advantages and trade policy of the country by including factors that determine not only its economic potential and specialization, but also the risks that may be caused by political decisions. It is argued that the problem of «protectionism vs liberalism» in international trade at the state level will always exist. It turns out that the problem of justice in international economic relations and trade is determined by the civilizational content of the development of countries, in which human capital plays a crucial role. Conclusion. The paradigm of political economy in international trade should be based on an expanded interpretation of relative benefits by assessing the impact of economic, social and political institutionson them, the peculiarities of national trade policies.


2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Наталья Семилютина ◽  
Natalya Semilyutina

Globalization of international economic relations directly depends on the level of information technologies’ development. At present the development of information law has created favourable conditions for interpenetration of the rules of foreign law. This penetration is called diffusion in law. The article investigates the aspect of interpenetration of legal ideas and decisions through contracts concluded by participants in civil law relations. In business relations’ practice, parties frequently borrow not only legal language, but also legal structures from foreign contract forms. In case of a conflict situation there arises a problem of interpretation of th elegal formula which the parties have imported from a foreign law and copied in their contractual relations. Traditional approach assumes that a court, when interpreting contractual provisions, even imported from a foreign law, follows its law, i.e. lex fori. Development of international relations demonstrates imperfection of such approach, since such approach does not allow identifying the parties’ true intentions while concluding the contract. Development of international relations, amplification of economic relations results in the fact that the parties increasingly use international structures in their practice. For example, UNIDROIT Principles, to which the parties may refer in their contracts. But other states also use the UNIDROIT Principles and include them into their most recent codification. In such a way there appears “grass-root diffusion”, i.e. through the development of private contractions relations.


2018 ◽  
Vol 21 (4) ◽  
pp. 549-571 ◽  
Author(s):  
Adam B Lerner

AbstractWhile existing literature on collective trauma in international relations represents a vital (albeit inchoate) contribution to the field, to date, it has largely analyzed collective trauma’s impact as primarily psychological and sociocultural. This essay argues that a complete vision of collective trauma in IR must incorporate not only these more intangible dimensions but also how its legacy is reified materially over time in economic conditions—distinguishing the trauma of those with the resources to “work through” and those without. I begin this essay with a novel conception of collective trauma that draws upon existing traditions’ insights but also facilitates mediation between collective trauma’s material and sociocultural dimensions. Employing this definition, I then outline three analytical frameworks via which future scholarship can address collective trauma in international economic relations. First, scholarship can incorporate a notion of the trauma of poverty. Second, scholars can analyze the loss of economic opportunity that trauma entails as akin to Dominick LaCapra’s concept of structural trauma of absence. Finally, scholarship can examine collective trauma’s ability to break down trust in institutions and the impact this breakdown has on international economic relations.


2020 ◽  
Vol 10 (513) ◽  
pp. 105-110
Author(s):  
I. V. Nosach ◽  
◽  
N. V. Vodolazska ◽  

The article is aimed at studying aspects and methods of teaching international economic relations in higher education institutions of Ukraine. On analyzing the latest research and publications by scholars, the general theoretic foundations of professional training of future economists of international relations were considered. The article highlights and theoretically substantiates the problem of training future specialists of international economic relations in higher education institutions of Ukraine; the main aspects and methods for elimination of this problem are defined. The methods of teaching economic disciplines in universities, which are directed towards improving the educational process, are presented; the application of information technologies in the process of mastering the material is analyzed. Thus, the professional activity of the student is primarily connected with the analysis of specific factual material, figures, analysis, etc. However, such is the picture at first glance, and if you delve into the essence, it becomes clear that a professional – economist of international relations has to be able of figuring out people, actions and specific events in accordance with the information analyzed. In general, one can say that the purpose of economic education is to form modern economic thinking in the context of combining the ordering of economic reality and awareness of one’s place therein. In this regard, special attention should be paid to higher education, in particular the study of international economic relations, training of competitive specialists of this specialty. To do this, new approaches to the introduction of remote studying technologies in the conditions of credit and transfer system of organization of educational process should be implemented.


1954 ◽  
Vol 8 (3) ◽  
pp. 360-372

At its seventeenth session, held in New York from March 30 through April 30, 1954, the Economic and Social Council elected Juan Cooke (Argentina), president and Sir Douglas Copland (Australia) and Jiri Nosek (Czechoslovakia) first and second vice-presidents respectively. The Council approved an agenda of 24 items; three items on the provisional agenda were deferred to the eighteenth session: the organization and operation of the Council and its commissions, the election of members of the Council Committee on Non-Governmental Organizations, and the removal of obstacles to international trade and means of developing international economic relations.


Author(s):  
Ran Guan ◽  

The article considers the theoretical aspects of the impact of coronavirus infection on the international economic structure, outlines the methods of functioning of the advanced states of the world in the context of solving the epidemiological problem. The essence of globalization factors of the economy in the process of formation of international relations in the context of care for the life and health of the population, as well as in the field of environmental security of world powers. Recommendations for improving modern international economic relations in the situation of the spread of the epidemic are proposed and ways to improve the international mechanism of health care management are modeled.


Author(s):  
Anastasiia Artyomova

The article outlines the main trends in the structure of international trade at the present stage and indicates in general the reasons for such changes. International trade as the main form of international economic relations at the present stage of development mediates almost all types of international cooperation associated with the globalization of the world economy. Both the positive aspects of globalization, which allow the most active development of all forms of international economic relations, and the negative ones, which manifested themselves in the context of the global financial crises, were noted. The essence of the main theories of international trade development (such as the theory of absolute advantages, the theory of comparative advantages, the theory of the ratio of factors of production, Keynesian theory), which traces the relationship with the formation of the world economy. Based on the analysis of data from the International Monetary Fund, the following current trends are substantiated: first, the real economy is developing more slowly than the financial system; secondly, the interconnection of financial systems in connection with the processes of global integration of economic elements has increased, which increases the risk of a “chain reaction”; third, the financial system is becoming increasingly complex due to the variety of instruments and operations. We explain the main provisions of the theory of factors of production as explaining the main trends in the structure of international trade. First, a gradual decrease in the value of the marginal utility of each additional cost of factors of production is allowed. Secondly, the same structure of consumption, the same tastes and habits of the population, the same production conditions of producers, constant tariffs, transportation and other costs. All this, of course, in our subjective opinion, fits into the total system of globalization, international industrial cooperation and economic integration of countries, the consequences of which are the outlined trends in the structure of the international economy.


2021 ◽  
Vol 39 (7) ◽  
Author(s):  
Vitalina Babenko ◽  
Olga Poplavska ◽  
Mykola Tkach ◽  
Mykhailo Sidorov ◽  
Viktoria Ovchynnikova ◽  
...  

On the basis of cluster analysis, homogeneous groups of international integration associations of the world have been established and their structure has been determined. This made it possible to determine the objective position between the integration associations and Ukraine in the global system of international trade. The functional dependencies of development of the international integration are calculated, and the most informative factors are determined. The results of the research are the basis for analyzing the problems and prospects for the development of Ukraine's integration in the global system of international trade.  


2017 ◽  
Vol 16 (4) ◽  
pp. 141-149
Author(s):  
Eulalia Skawińska ◽  
Romuald Zalewski

The research problem addresses the question, whether activities of global organizations towards quality have been significantly shaping international economic relations (IER), in line with the paradigm of sustainable development. The paper’s aim is to characterize and evaluate to-date activities of the top three global organizations in the shaping of products’ quality aspects in international trade and to determine the organizations’ ex ante role. Apart from the introduction and summary, the paper is divided into four parts. The first three parts characterize these global organizations whose activity has direct and indirect influence on both the quality and safety of products in international trade, namely: ISO, FAO, and WHO. The fourth part is a presentation of these organizations’ expected role in the shaping of international economy in the future. Final part gives a summary and conclusions.


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