scholarly journals Trade Special Issue: Foreword

2006 ◽  
Vol 37 (3) ◽  
pp. 339
Author(s):  
Meredith Kolsky Lewis

This foreword introduces four articles featured in this volume of the Victoria University of Wellington Law Review, all of which address trade law from diverse angles: Oliver Delvos "WTO Disciplines and Fisheries Subsidies – Should the SCM Agreement Be Modified?" (2005) 37 VUWLR 341; Thomas A Faunce, Kellie Johnston, and Hilary Bambrick "Trans-Tasman Therapeutic Products Authority: Potential AUSFTA Impacts on Safety and Cost-Effectiveness Regulation for Medicines and Medical Devices in New Zealand" (2005) 37 VUWLR 365; Jane Kelsey "Free Trade Agreements – Boon or Bane: Through the Lens of PACER" (2005) 37 VUWLR 391; and Nicholas Whittington "Reconsidering Domestic Sale of Goods Remedies in Light of CISG" (2005) 37 VUWLR 421.

2017 ◽  
Vol 111 ◽  
pp. 92-95
Author(s):  
Kathleen Claussen

These remarks are derived from a forthcoming work considering the future of international trade law. Compared with most features of the international legal system, the regional and bilateral trade law system is in the early stages of its evolution. For example, the United States is a party to fourteen free trade agreements currently in force, all but two of which have entered into force since 2000. The recent proliferation of agreements, particularly bilateral and regional agreements, is not unique to the United States. The European Union recently concluded trade agreement negotiations with Canada, Singapore, and Vietnam to add to its twenty-seven agreements in force and is negotiating approximately ten additional bilateral or multilateral agreements. In the Asia-Pacific Region, the number of regional and bilateral free trade agreements has grown exponentially since the conclusion of the Association of Southeast Asian Nations (ASEAN) Free Trade Area of 1992. At that time, the region counted five such agreements in force. Today, the number totals 140 with another seventy-nine under negotiation or awaiting entry into force. The People's Republic of China is negotiating half a dozen bilateral trade agreements at present to top off the sixteen already in effect. India likewise is engaged in at least ten trade agreement negotiations. The World Trade Organization (WTO) reports 267 agreements of this sort in force among its members as of July 1, 2016.


2012 ◽  
Vol 43 (4) ◽  
pp. 687
Author(s):  
Lucy Reed ◽  
Robert Kirkness

New Zealand has to date enjoyed the luxury of engaging with the modern investment treaty regime through only three free-trade agreements with compulsory investor-State arbitration clauses. This may be about to change. New Zealand is negotiating a series of further free-trade agreements, including the Trans-Pacific Partnership Agreement, many of which are likely to provide for investor-State dispute resolution. New Zealand faces a choice in these negotiations: should it reject investment treaty arbitration on the basis that the risks, especially the perceived risks of restricted freedom to regulate, are too great or instead seek to make use of the opportunities investment treaty arbitration presents? This article looks at the evolving system of investment treaty arbitration and the different ways in which States seek to make use of it, with a focus on the Netherlands, the United States, and New Zealand.


2021 ◽  
Author(s):  
◽  
Jinzhu Zhou

<p>This research develops a model of assessing the economic impact of free trade agreements (FTAs) between developed countries and developing countries (north-south FTAs). This model goes beyond the conventional studies that use static effects in traditional gains as primary indicators of the economic impact, and incorporates dynamics effects as well as non-traditional gains for a more accurate assessment. The research uses China's north-south FTAs, namely, China's FTA with New Zealand - the first comprehensive FTA that China has signed with a developed country - and the proposed FTA between China and Australia. Both cases provide an ideal empirical basis for testing the proposed model. After introduction of the research problem, design and methodology, Part I of the study provides a general discussion of the FTAs between China and New Zealand, and China and Australia as a background to the research. Part II starts with the conventional model of traditional gains. It first demonstrates how the static effect of the north-south FTA is analyzed in Robson's three-country model. It shows that in his model, the trade creation effect is dominant in the free trade area. The study then introduces the concept of dynamic effect of traditional gains. The study first uses the Revealed Comparative Advantage (RCA) index to analyse the competition effect of trade in goods by industries among China, New Zealand and Australia. It then discusses the competition effect of trade in services in categories through Trade Competitive Power (TC) indexes. The study further examines the effect of investment creation after the China-New Zealand FTA and China-Australia FTA entered into force. The findings of this section on the dynamic effect are that China would have negative impact on cattle husbandry, forestry, mining and some categories of services which are also the industries that New Zealand and Australia would further develop in China's market. In Part III, the study discusses non-traditional gains as important indicators of the economic impact of FTAs. It incorporates the hub & spoke theory (H&S) with Regional Trade Agreements (RTAs) strategies of China, New Zealand and Australia. The study shows that the north-south FTAs are important components for both developed countries and developing countries' RTAs strategies. The China-New Zealand FTA and the proposed China-Australia FTA are the wedges between China and the advanced economies system. Meanwhile, the China-New Zealand FTA will be a model for future north-south FTAs involving China. This thesis contributes to our understanding of the complicated and dynamic relationship between FTAs among countries of different levels of economic development and their overall economic growth and development. It also adds to our knowledge about how this relationship can be better analyzed and explained.</p>


2014 ◽  
Vol 21 (2) ◽  
pp. 327-344 ◽  
Author(s):  
Martina Battisti ◽  
Tanya Jurado ◽  
Martin Perry

Purpose – Despite the proliferation of free trade agreements (FTAs) internationally, the limited research available on the subject indicates that few SMEs consider the existence of these agreements as a reason to engage in international markets or expand their existing international engagement. The purpose of this paper is to identify and augment SME international marketing models building on Merrilees and Tiessen's (1999) work; and to explain how these marketing models condition the reaction of small firm exporters to FTAs. Design/methodology/approach – This study comprised in-depth interviews with 51 SME exporters in New Zealand. Participants were selected purposefully and were interviewed in a face-to-face, semi-structured format. Findings – Five international marketing strategies were identified drawing on prior models of international marketing: sales-driven, relationship-driven, international boutique, arbitrager and market seeder. These models are characterised by different relationships to markets and to buyers served, and by the extent of customisation in the export offering. By using these models the authors analyse why SMEs have yet to significantly capitalise on the opportunities provided by New Zealand's recent wave of trade agreements. Research limitations/implications – This study acknowledges the diversity of international marketing strategies between seemingly similar firms by recognising that approaches generally viewed as unlikely to bring success in international markets can work when applied in a particular way and in a particular context. As such the results may offer a useful starting point for the customisation of policy advice on exporting in terms of the context in which SMEs operate. Originality/value – As well as advancing theoretical perspectives on SME international marketing strategies, the findings are presented as a contribution to the as yet limited evaluation of how SMEs in New Zealand have responded to the emerging opportunities created by FTAs. The interest in filling this gap is part of a growing recognition that factors related to the firm's trading environment have been largely neglected in policy considerations.


2020 ◽  
Vol 114 (4) ◽  
pp. 637-646
Author(s):  
Timothy Meyer

AbstractThis Essay argues that trade agreements may overly constrain the ability of states to regulate supply chains for critical products such as medical supplies. Free trade agreements (FTAs) may exacerbate supply chain concentration, especially through loose rules of origin. And WTO rules constrain preventative regulation of supply chain risks designed to prevent a crisis, while providing exceptions for aggressive action only in the face of a crisis. Thus, WTO members risk flouting WTO rules if they do not limit aggressive, preventative supply chain regulation.


2021 ◽  
Author(s):  
◽  
Jinzhu Zhou

<p>This research develops a model of assessing the economic impact of free trade agreements (FTAs) between developed countries and developing countries (north-south FTAs). This model goes beyond the conventional studies that use static effects in traditional gains as primary indicators of the economic impact, and incorporates dynamics effects as well as non-traditional gains for a more accurate assessment. The research uses China's north-south FTAs, namely, China's FTA with New Zealand - the first comprehensive FTA that China has signed with a developed country - and the proposed FTA between China and Australia. Both cases provide an ideal empirical basis for testing the proposed model. After introduction of the research problem, design and methodology, Part I of the study provides a general discussion of the FTAs between China and New Zealand, and China and Australia as a background to the research. Part II starts with the conventional model of traditional gains. It first demonstrates how the static effect of the north-south FTA is analyzed in Robson's three-country model. It shows that in his model, the trade creation effect is dominant in the free trade area. The study then introduces the concept of dynamic effect of traditional gains. The study first uses the Revealed Comparative Advantage (RCA) index to analyse the competition effect of trade in goods by industries among China, New Zealand and Australia. It then discusses the competition effect of trade in services in categories through Trade Competitive Power (TC) indexes. The study further examines the effect of investment creation after the China-New Zealand FTA and China-Australia FTA entered into force. The findings of this section on the dynamic effect are that China would have negative impact on cattle husbandry, forestry, mining and some categories of services which are also the industries that New Zealand and Australia would further develop in China's market. In Part III, the study discusses non-traditional gains as important indicators of the economic impact of FTAs. It incorporates the hub & spoke theory (H&S) with Regional Trade Agreements (RTAs) strategies of China, New Zealand and Australia. The study shows that the north-south FTAs are important components for both developed countries and developing countries' RTAs strategies. The China-New Zealand FTA and the proposed China-Australia FTA are the wedges between China and the advanced economies system. Meanwhile, the China-New Zealand FTA will be a model for future north-south FTAs involving China. This thesis contributes to our understanding of the complicated and dynamic relationship between FTAs among countries of different levels of economic development and their overall economic growth and development. It also adds to our knowledge about how this relationship can be better analyzed and explained.</p>


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 384-388 ◽  
Author(s):  
Kathleen Claussen

This essay examines the challenges and opportunities for regional trade lawmaking in the U.S.-Africa relationship. On the eve of the conclusion of an African continental free trade agreement, the U.S. trade law relationship with the continent remains focused on regional groups. Questions remain as to whether the existing trade law regime offers the flexibility necessary to accommodate alternative models to free trade agreements that may best serve the needs of African and U.S. constituencies. The essay proceeds in four parts. First, I sketch the current state of play in U.S.-Africa trade relations. Next, I outline how the U.S. and African approaches to trade lawmaking have differed. I then turn to two sets of challenges—one domestic and one international—that may impede innovation in developing a U.S.-Africa trade law relationship consistent with African interests. Finally, the essay concludes with an exploration of possible alternatives and issues not yet considered in the transcontinental dialogue on trade.


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