LSN: Trade Law (Topic)最新文献

{"title":"Freedom of Transit","authors":"Arushi A. Malik","doi":"10.2139/ssrn.3333841","DOIUrl":"https://doi.org/10.2139/ssrn.3333841","url":null,"abstract":"Nearly one-fifth of the states of the international community are without access to the sea i.e. they do not possess a coastline. By virtue of their geographical location, these states do not have access to marine resources and encounter severe limitations in their participation in international trade. The states without access to and from the sea are described as land-locked states. For these land-locked nations free access to the sea is linked to the question of transit. Goods originating from these states or entering into these states must pass through the territory of their neighbouring states. The neighbouring states through whose territory these goods pass are known as the transit states.<br><br>Since the land-locked states have to borrow the territory of their neighbouring states, they are dependent on them for providing them with adequate means of transport facility for transit of their goods. But the land-locked states do not have any control over these transport facilities and transit countries have sometimes used their strategic position as an economic and political lever against the land-locked states. <br><br>As mentioned above the free access to the sea is linked to the question of transit therefore, freedom of transit should exist for the land-locked states. Freedom of transit in general terms means the freedom to pass through the territory of any other state in order to have an access to the sea or to reach markets. Since, most of the land-locked states are either developing or least developed; freedom of transit is of utmost importance to them as it will help boost their economy.<br><br>Land-locked states have always demanded an unconditional right of access to the sea and transit states have always countered this with the argument of state sovereignty. The importance of right of access to the sea for the land-locked states cannot be undermined but for their right the transit states cannot be put at stake. So, for the protection of the transit states there are certain situations under which transit can be refused like to protect the sovereignty, maintenance of public order, to protect the animal, plant or human life, etc.<br>","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126831122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Investment Promotion and Protection in the Canada-UK Trade Relationship","authors":"A. Bjorklund, Yarik Kryvoi, J. Marcoux","doi":"10.2139/SSRN.3312617","DOIUrl":"https://doi.org/10.2139/SSRN.3312617","url":null,"abstract":"A new investment agreement between Canada and the UK constitutes a crucial opportunity to include innovative provisions from recent international agreements and to explore new possibilities to construct a more legitimate regime. In order to support evidence-based decision-making in the negotiation of such an agreement, a comprehensive review of the range of opportunities must be provided. What are the provisions that can be included in an investment agreement between the two states to address controversial issues and support the reform of the international investment regime? \u0000 \u0000The objectives underlying the final report are to allow policy-makers to undertake the negotiation process with a clear sense of the various provisions that are available to address the most controversial issues of international investment law and their legal implications. The report demonstrates that an investment agreement can respond to legitimacy concerns raised by a variety of stakeholders. More specifically, it provides a side-by-side comparison of provisions that have already been included in IIAs and model agreements for three specific themes: 1) dispute settlement possibilities; 2) the breadth of investment protection; and 3) obligations imposed on foreign investors. \u0000 \u0000For each theme of the knowledge synthesis, the material that has been collected and analyzed is synthesized through a side-by-side comparison of provisions and their legal implications. \u0000 \u00001. Dispute settlement possibilities: The mechanism allowing private investors to submit investment \u0000claims to international arbitration has come under increasing public scrutiny, with several actors \u0000criticizing its lack of legitimacy. Some policy-makers and negotiators have responded to these criticisms through various means. The report focuses particularly on six approaches that have been included in IIAs and model agreements. These approaches range from a reformed investor-state dispute settlement mechanism through the inclusion of new provisions, a return to diplomatic protection and state-to-state arbitration, reliance on domestic courts, alternative dispute resolution mechanisms, hybrid approaches, and an investment court system. \u0000 \u00002. Breadth of investment protection: Addressing concerns raised by stakeholders can also be achieved by further clarifying the content of standards of protection that are traditionally included in IIAs. An enhanced level of precision is especially visible with respect to fair and equitable treatment (FET) and expropriation. Various options have been used by states to qualify FET provisions and to list the elements included in this standard of protection. Other provisions include a limiting definition of indirect expropriation or various forms of carve-outs, including for general regulatory measures. \u0000 \u00003. Obligations imposed on foreign investors: With a view to countering the generally asymmetric nature of IIAs, some states have chosen to address foreign investors’ responsibilit","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124532127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trade in Developing East Asia: How It Has Changed and Why It Matters","authors":"I. Constantinescu, A. Mattoo, M. Ruta","doi":"10.2139/ssrn.3309045","DOIUrl":"https://doi.org/10.2139/ssrn.3309045","url":null,"abstract":"East Asia, for long the epitome of successful engagement in trade, faces serious challenges: technological change that may threaten the very model of labor intensive industrialization and a backlash against globalization that may reduce access to important markets. A detailed analysis of the evolution of East Asia's trade and trade policy in goods and services leads to the conclusion that how East Asia copes with these global challenges will depend on how it addresses three more proximate national and regional challenges. The first is the emergence of one East Asian country, China, as a global trade giant—accounting for nearly one-seventh of global exports and one-tenth of global imports -- which is fundamentally altering the trading patterns and opportunities of its neighbors. The second is the asymmetric implementation of national reform -- remarkable openness to goods trade and investment coexists with relative restrictiveness of services policies -- which is affecting the evolution of comparative advantage and productivity in each country. The third is the divergence between the relatively shallow and fragmented agreements that regulate the region’s trade and investment and the growing importance of regional and global value chains as crucial drivers of productivity growth.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126004591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Leaving the European Union Without a Deal: The Legal Status of the UK's Financial Obligations Under EU Law Part I - EU Treaties and General Principles","authors":"N. Kemp","doi":"10.2139/ssrn.3204180","DOIUrl":"https://doi.org/10.2139/ssrn.3204180","url":null,"abstract":"The author considers, from a number of perspectives in EU law, whether, under Article 50 TEU, the accrued EU law obligations of a departing Member State will remain legally binding and enforceable against it following its withdrawal from the EU. A range of purposive and contextual arguments are considered, together with the interpretation of Article 50 in the context of general principles of EU law, and the conclusion drawn that there is wide support under EU law for obligations to remain legally binding following a State’s withdrawal. The author also considers the doctrinal question of whether a “principle of survival of accrued rights and obligations” may be formally recognised under EU law, and concludes that there is scope for the CJEU to recognise a principle of survival of accrued EU law rights and obligations, either as an autonomous general principle of EU law or as a particular expression of existing principles.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129648000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cuba's Integration into the Global Economy — How Much is Cuba Expected to Change; How Far is Cuba Willing to Go; and Will the EU Serve as the Mediator of Those Changes?","authors":"L. Backer","doi":"10.2139/ssrn.3198429","DOIUrl":"https://doi.org/10.2139/ssrn.3198429","url":null,"abstract":"The essay considers the question: what internal Cuban legal adjustments will be necessary for Cuba to enter into a fully normalized relationship with the U.S. and the rest of the world? That raises three distinct questions made necessary by the profound changes that have occurred between the time U.S. Cuban normalization reached its high point in early 2016, and the changes in the world situation starting with the U.S. 2016 elections and its aftermath. The first question, examined in Part II, centers on consideration of the adjustments Cuba might have to undertake if it is to embed itself within the structures of global trade and finance. To that end, the chapter analyzes the legal changes Cuba would need to undertake to join international financial institutions and global and regional trade organizations. The second question, considered in Part III, examines the extent to which Cuba is disposed to consider these possible reforms. Against the objective of socializing Cuban legal and economic practices with global norms, the chapter will critically assess the extent to which the current Cuban socio-political framework can produce these modifications and the consequences for such limitations, including with respect to the limits of political reform and the relevance of human rights norms in the construction of economic legal and governance structures. The third question, considered in Part IV, then examines what may be possible in the aftermath of the U.S. Presidential election of 2016 (and its aftermath) and other global changes, including the emergence of a Chinese alternative to national embedding in global trade. These have considerably changed the terrain within with the consequences of U.S. - Cuba normalization can be considered. The examination considers the value of the European Union’s strategic initiative, the Political Dialogue and Cooperation Agreement (PDCA) as a viable basis for Cuban reintegration in the global economy.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128457565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"GATS Classification of Digital Services - Does 'The Cloud' Have a Silver Lining?","authors":"Ines Willemyns","doi":"10.2139/ssrn.3194676","DOIUrl":"https://doi.org/10.2139/ssrn.3194676","url":null,"abstract":"This article removes the ambiguity surrounding the GATS classification of digital services and provides a technical analysis that might guide this (heavily politicized) debate. Digitization principally impacts trade in services, enabling the widespread use of digital services and enabling cross-border supply of services on an unprecedented scale. It is the seemingly new nature of these services that has caused confusion and anxiety among WTO Members. It is therefore worthwhile to take a closer look at what these services entail and whether, from the perspective of the GATS, we are actually dealing with a new phenomenon. First, the concept of digital services is clarified. Second, the classification issue is studied. The classification of digital services within the existing WTO services classification has been contested by some Members, who have claimed that such ‘new’ digital services cannot be classified within the existing framework. This opinion is not shared by the author, as the technologically neutral nature of the GATS allows for all services to be covered by this Agreement. Therefore, the way in which services are supplied should not render the GATS inapplicable. Rather, classification of services within the GATS framework should be based on the function of the services. Third, the article applies the proposed approach for a consistent classification to several contested digital services. It entails a legal analysis of how digital services fit within the scope of the GATS and the existing services classification.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121653606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Revival of Economic Nationalism and the Global Trading System","authors":"I. Sheldon, William H. McGuire, D. Chow","doi":"10.2139/ssrn.3152299","DOIUrl":"https://doi.org/10.2139/ssrn.3152299","url":null,"abstract":"The election of Donald J. Trump to the US Presidency coincided with the US adoption of an “America First” policy in trade. This policy reflects an underlying theory of economic nationalism that is fundamentally at odds with the current approach of the multilateral trading system established by the GATT/WTO. The current multilateral system is based on a “positive sum game” theory, i.e. the view that cooperative trade concessions can increase the volume of trade for all nations involved and result in reciprocal and mutual benefits. A large body of theoretical and empirical work, discussed and analyzed in this Article, supports the conclusion that the GATT/WTO system has historically achieved significantly increased trade volumes on both a multilateral and national scale since its creation at the end of the Second World War. By contrast, President Trump’s economic nationalism holds that trade is a “zero sum game” in which a gain in trade by one nation must be accompanied by a corresponding trade loss by another nation. Under the view of the current Administration, the US has often been the loser in the global trade deals of the GATT/WTO. The current Administration now seeks to dictate the terms of any future trade agreements so that the US wins at the expense of its trading partners, if necessary, in a zero sum game. The economic nationalism espoused by the current Administration, if unconstrained, could result in the dismantling of the current multilateral trading system leading to long-term negative, if not catastrophic, consequences for the world economy.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133146291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Does Uncertainty Over Economic Policy Harm Trade, Foreign Investment, and Prosperity?","authors":"R. Król","doi":"10.2139/ssrn.3169563","DOIUrl":"https://doi.org/10.2139/ssrn.3169563","url":null,"abstract":"This paper examines the impact of uncertainty about economic policy on US exports, imports, and direct foreign investment inflows. Uncertainty over domestic and international economic policy adversely affects the international ow of goods, services, and investment. When sunk costs are associated with acting, uncertainty about expected profits leads entrepreneurs to wait rather than act, reducing commerce domestically and internationally. A solution is for governments to commit to a set of rules that provides businesses with a predictable economic environment, reducing policy uncertainty. International organizations such as the World Trade Organization and agreements such as the North American Free Trade Agreement reduce policy uncertainty. The resulting positive effect on international commerce raises living standards in the United States and abroad.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132057404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Energy Trade in the MENA Region: Looking Beyond the Pan-Arab Electricity Market","authors":"R. Leal-Arcas, Nelson Akondo, Juan Alemany Ríos","doi":"10.1093/JWELB/JWX031","DOIUrl":"https://doi.org/10.1093/JWELB/JWX031","url":null,"abstract":"This article contributes to the debate on energy security within the Middle East and North Africa (MENA) region by highlighting various aspects of the energy sector, specifically electricity and gas, which are relevant to the discussion on regional integration and their convergence with sustainable development. Development is not possible without energy and sustainable development is not possible without sustainable energy. The article discusses energy sustainability through the trading system and proposes regional trade agreements as means to further enhance peace and the energy security agenda of the region. The article makes the case that, to achieve security of energy supply, two main factors are important: diversification to minimize risk and regional cooperation. It is suggested that the MENA region should reduce or eliminate the technical barriers to energy trade. The article concludes with some recommendations on how to move forward.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129931052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Europe Taking the Lead in Responsible Globalisation","authors":"K. Aiginger, Heinz Handler","doi":"10.2139/ssrn.3189721","DOIUrl":"https://doi.org/10.2139/ssrn.3189721","url":null,"abstract":"Political opposition to globalisation has risen in industrialized countries, although the positive overall effects on the growth of the world economy and the alleviation of poverty are empirically verifiable. However, the effects of globalisation vary according to regions, professional groups, and education. In the period of intensive globalisation, unemployment and inequality have risen, and people feel their lives to be determined by forces they cannot influence. Since the many new challenges, such as climate protection, can be better solved by worldwide efforts, it is indispensable to avoid new national barriers and to strengthen the endorsement of globalisation and the concomitant welfare effects. However, it is also necessary to respect cultural differences in preferences and to view globalisation as a search and learning process. Instruments for the implementation of such a strategy may vary according to regional specifics. Social and ecological goals - gaining higher importance with rising per capita incomes - are well-represented in the European model, but for worldwide solutions other socio-economic models will offer preferences and solutions. Apart from the announced partial withdrawal of the United States from globalisation and the upcoming dominance of China in world affairs and large scale investment, Europe would be well-advised to take a greater responsibility if not the lead in determining the rules of globalisation. Based on an opinion-forming process within Europe, responsible globalisation can significantly improve the quality of life in Europe and its partners worldwide.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114376465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}