Enactment of Vietnam Competition Law 2004: A case study of harmonizing internal and external factors

<p>Vietnam is an economy in transition that has encountered a great deal of obstacles and issues shifting to the market tract. Due to a lack of synchronized legal systems, and the legacy of stagnant economic development and low efficiency dating from the wartime, it has been even more difficult for Vietnam to adapt itself to the new context of globalization. Since Doimoi however, Vietnam has witnessed gradual but important changes in thinking and action. In order to apply the model of “socialist market-oriented economy” in practice, Vietnam enacted the Vietnam Competition Law (VCL) in 2004. After nearly a decade of being in force, the VCL (2004) has attracted lots of critique over its outdated and inappropriate content. In contrast, a number of comments from economic experts and academia still express supportive attitudes and highly appreciate the introduction of the law in 2004. Competition-related issues are now an important concern in the domestic market and the law has strengthened Vietnam’s integration into the regional and global economy. This thesis identifies the factors determining the promulgation of the VCL (2004). It argues factors came from both internal and external sites. Changes in economic political thinking and negative experience in the national economy for a long period are found to be the main forces for the promulgation from a domestic perspective. While entering a number of regional organizations like ASEAN and APEC and indirect pressure from application for entrance into the WTO and negotiation with the U.S. under the Bilateral Trade Agreement are the main forces from an external perspective. The thesis shows how both external and internal factors contributed to and interacted with each other in the enactment of the VCL (2004). It finds these forces were harmonized in a way that met Vietnam’s international obligations and desire for deeper integration with the global economy while also meeting the requirements of competition law in a transitional economy. These findings suggest further study on the process of harmonization of external and internal forces in the area of competition policy is needed to understand better the process of introducing competition policy in transitional economies.</p>

Enactment of Vietnam Competition Law 2004: A case study of harmonizing internal and external factors

<p>Vietnam is an economy in transition that has encountered a great deal of obstacles and issues shifting to the market tract. Due to a lack of synchronized legal systems, and the legacy of stagnant economic development and low efficiency dating from the wartime, it has been even more difficult for Vietnam to adapt itself to the new context of globalization. Since Doimoi however, Vietnam has witnessed gradual but important changes in thinking and action. In order to apply the model of “socialist market-oriented economy” in practice, Vietnam enacted the Vietnam Competition Law (VCL) in 2004. After nearly a decade of being in force, the VCL (2004) has attracted lots of critique over its outdated and inappropriate content. In contrast, a number of comments from economic experts and academia still express supportive attitudes and highly appreciate the introduction of the law in 2004. Competition-related issues are now an important concern in the domestic market and the law has strengthened Vietnam’s integration into the regional and global economy. This thesis identifies the factors determining the promulgation of the VCL (2004). It argues factors came from both internal and external sites. Changes in economic political thinking and negative experience in the national economy for a long period are found to be the main forces for the promulgation from a domestic perspective. While entering a number of regional organizations like ASEAN and APEC and indirect pressure from application for entrance into the WTO and negotiation with the U.S. under the Bilateral Trade Agreement are the main forces from an external perspective. The thesis shows how both external and internal factors contributed to and interacted with each other in the enactment of the VCL (2004). It finds these forces were harmonized in a way that met Vietnam’s international obligations and desire for deeper integration with the global economy while also meeting the requirements of competition law in a transitional economy. These findings suggest further study on the process of harmonization of external and internal forces in the area of competition policy is needed to understand better the process of introducing competition policy in transitional economies.</p>

PAKISTAN’S MAGNITUDE FOR CHINA: A NARRATIVE OF GEO-STRATEGIC BARGAIN

This paper attempts to analyse the geo-strategic magnitude of Pakistan for China. Including other factors, the geographical position of Pakistan plays an important role in the formulation of their mutual ties. Sino-Indian conflict further enhanced Pak-China relationship mainly reflecting their reciprocal interests. In addition to geo-political ties, economic benefits attracted Chinese attention to maintain a friendly relationship with Pakistan by signing bilateral trade agreement during early 1960s. Similarly, Pakistan provided a naval base to China, which decreased the influence of USA and India in the Arabian Sea, Indian Ocean and Central Asian States. However, due to the world third deepest seaport (Gwadar Port), Pakistan became more valuable to China. Moreover, launching of China- Pakistan Economic Corridor (CPEC) in 2014 has greatly enhanced the geographical importance of Pakistan for the whole region including China. The scope of present study provides a realization to the fact that significance of Pakistan for Chinese interest is beyond the common thinking. This article tries to pin point the current scenario with increasing significance of Pakistan for China.

The CER Negotiations

This article is an ‘insider’s account’ of the background to the negotiation of New Zealand’s first comprehensive bilateral trade agreement, the Australia–New Zealand Closer Economic Relations Trade Agreement, or CER. It argues that this agreement marked the first step in the process of a systematic reform of the New Zealand economy along orthodox liberal economic principles, and, in that sense, anticipated the comprehensive internal economic reforms initiated some two years later by the Labour government headed by David Lange. It analyses key ‘drivers’ of CER: the growing realisation that New Zealand was falling further and further behind Australia in its living standards, and the shock of the entry of the UK into the EEC, which forced a diversification of New Zealand trade and foreign policy away from the United Kingdom towards the AsiaPacific region. It includes a critical re-evaluation of the role of Prime Minister Robert Muldoon in the negotiations during a period of New Zealand political history in which he was dominant.

The Atypical Fashion of the Us-China ‘Phase 1’-Deal: Context, Content and Perspectives

In January 2020, the US and China finally concluded a bilateral trade agreement amidst an ongoing trade war. From the US side, the US-China ‘phase 1’-deal was hailed as a great achievement. The paper critically examines whether and to what extent the US-China ‘phase 1’-deal can keep up with its promises. In the course of the analysis, the paper finds that the trade deal will neither place US-Chinese trade relations on a new footing, nor does it incentivise China to fundamentally change its economic model. Instead, one may argue that the ‘phase 1’-deal has a harming effect on the multilateral idea of trade law as of today.

Political controversy about international economic agreements: Lessons for Canada–UK trade negotiations after Brexit

The withdrawal of the UK from the EU, if and when it occurs, will likely imply that Canada must conclude a new bilateral trade agreement with the UK. In light of recent trends toward an increasing politicization of trade negotiations, this policy brief assesses the respects in which a Canada–UK agreement could become politically controversial. Drawing on explanations for the politicization of recent trade deals, it identifies potential flashpoints for political conflict in the Canada–UK trade relationship. It then discusses how policy-makers can channel trade-related controversies into the policy process in an inclusive and evidence-based manner.

The United States Resolves Its Request for Consultations Regarding Peru's Environmental Obligations Under Bilateral Trade Agreement

On April 9, 2019, the United States and Peru reached a resolution regarding concerns about Peru's forest sector obligations under the 2007 United States–Peru Trade Promotion Agreement (PTPA). At issue was Peru's relocation of the Agency for the Supervision of Forest Resources and Wildlife (OSINFOR) to a “subordinate position” in its Ministry of Environment in December 2018. The United States requested consultations under the PTPA on the ground that this relocation conflicted with a provision in the Environment Chapter's “Annex on Forest Sector Governance” (Forest Annex), which states that “OSINFOR shall be an independent and separate agency.” Following the consultations, Peru agreed to restore OSINFOR to its original location within the Peruvian government.

Potential Gains to New Zealand From CPTPP Membership

New Zealand is a signatory to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) consisting of 11 countries. NZ does not have any bilateral trade agreement with three member countries viz., Canada, Japan, and Mexico which account for 73% of CPTPP’s GDP. Presently, NZ accounts for less than 1% of the merchandise imports of these countries. This paper investigates whether CPTPP membership would enable NZ to increase its exports to these member countries. In other words, does CPTPP membership enhance NZ’s Trade Intensity with the selected member countries? An analysis of the Trade Intensity Indices show that the value of trade with Canada, and Mexico is less than optimal, and with Japan it has been on the decline which can be attributed to the fact that these countries mostly import high value added goods such as capital goods whereas, NZ mostly exports primary goods such as animals. A further analysis of NZ’s Revealed Comparative Advantage reveals that NZ’s comparative advantage is mostly concentrated in primary products. As a consequence, the scope for NZ to enhance its exports to the selected member countries is limited in the post CPTPP era, and any gains arising out of the agreement would be mostly in the form of tariff reductions, and relaxation of non-tariff barriers. The contribution of this paper is about highlighting NZ’s product-wise Revealed Comparative Advantage in relation to the selected member countries, which reveals that NZ has the potential to export Intermediate and Consumer goods, in addition to the Primary goods.

United States Requests Consultations Regarding Peru's Environmental Obligations Under Bilateral Trade Agreement

On January 4, 2019, the United States requested consultations with Peru with respect to its forest governance obligations under the 2007 United States – Peru Trade Promotion Agreement (PTPA). The PTPA has an environmental chapter with robust terms that were included largely at the insistence of members of Congress, reflecting concerns that a free trade agreement with Peru could increase the country's export of illegally logged wood to the United States. The request for consultations focused on Peru's decision to relocate its Agency for the Supervision of Forest Resources and Wildlife (OSINFOR) to within Peru's Ministry of Environment—a change that, in the view of the United States, “appears to conflict” with a PTPA obligation that “‘OSINFOR shall be an independent and separate agency.’”