This article explores the formation of a new transnational legal order in the professional sphere and discusses the bottom-up law formation process in commerce and finance in that order driven and maintained by globalisation and its law creating and sustaining force. The modern lex mercatoria is the private law of that order and its different sources of law and the hierarchy between them is explained as well as the remaining competition with the law in domestic legal orders relevant in particular when international transactions come on shore in such orders and their public policies are engaged.
{"title":"Legal Orders and Their Manifestation: The Operation of the International Commercial and Financial Legal Order and its Lex Mercatoria","authors":"J. Dalhuisen","doi":"10.15779/Z38093P","DOIUrl":"https://doi.org/10.15779/Z38093P","url":null,"abstract":"This article explores the formation of a new transnational legal order in the professional sphere and discusses the bottom-up law formation process in commerce and finance in that order driven and maintained by globalisation and its law creating and sustaining force. The modern lex mercatoria is the private law of that order and its different sources of law and the hierarchy between them is explained as well as the remaining competition with the law in domestic legal orders relevant in particular when international transactions come on shore in such orders and their public policies are engaged.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125121236","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}
Pub Date : 2007-06-01DOI: 10.23895/KDIJEP.2007.29.1.79
Yong-seok Choi, S. Cho
Korean Abstract: 대외개방의 진전은 해외로부터의 실제적 경쟁(actual competition)과 잠재적 경쟁(potential competition)을 동시에 촉진 할 수 있다. 경쟁정책을 집행하는 데 있어 지금까지 경쟁당국은 국내시장에서 수입품이 차지하는 비율, 즉 실재적 해외경쟁만을 고려해 온 경향이 있으며, 잠재적 경쟁에 대한 고려는 상대적으로 적었던 것으로 판단된다. 본 논문은 수입침투율의 국내시장조건에 대한 동태적 반응을 잠재적 경쟁의 측정지표로 사용하여 해외로부터의 잠재적 경쟁이 한국의 산업별 시장구조에 따라 어떤 차이를 가지는가를 살펴보는 것을 목적으로 하고 있다. 동태적 패널모형을 이용한 실증분석의 결과, 해외로부터의 잠재적 경쟁이 유의하게 존재하며, 이는 국내시장구조가 상대적으로 독과점화되어 있는 경우 보다 강하게 나타난다는 것을 발견하였다. 이러한 결과는 국내시장구조만으로 경쟁의 정도를 파악하는 데에는 한계가 있으며, 따라서 경쟁정책의 왜곡을 줄이기 위해서는 해외부문과의 잠재적 경쟁을 적절히 반영하는 것이 필요하다는 것을 시사해 주는 것이라고 할 수 있을 것이다.English Abstract: Opening domestic market to international trade may enhance not only actual competition but also potential competition from foreign competitors. It seems that the competition authority has focused mainly on the actual competition (measured by the current market share) and has paid less attention to the potential competition. In this regards, this paper investigated the relation between potential foreign competition and domestic market structure. Using dynamic panel regression model, we analyzed the dynamic response of import penetration to the changes of domestic market condition in Korea as a proxy for the degree of potential foreign competition. The empirical results suggests that potential foreign competition does exist in the Korean manufacturing sector and this tendency is more stronger when the market is more concentrated. Thus, in order to effectively implement competition policy, it is necessary to consider both actual and potential competition.
Korean Abstract:对外开放的进展可以同时促进来自海外的实际竞争(actual competition)和潜在竞争(potential competition)。据判断，到目前为止，在执行竞争政策方面，竞争当局倾向于只考虑进口产品在国内市场上所占的比率，即实在的海外竞争，而对潜在竞争的考虑相对较少。本论文将进口渗透率对国内市场条件的动态反应作为潜在竞争的测定指标，目的是观察来自海外的潜在竞争根据韩国不同产业的市场结构有什么差异。利用动态面板模型进行实证分析的结果发现，来自海外的潜在竞争是显著的，这比国内市场结构相对毒果点燃时表现得更强。这一结果暗示，仅凭国内市场结构很难掌握竞争程度，因此，为减少竞争政策的歪曲，有必要适当反映与海外部门之间的潜在竞争。英语Abstract: Opening domestic market to international trade may enhance not only actual competition but also potential competition from foreign competitors。It seems that the competition authority has focused mainly on the actual competition (measured by the current market share) and has paid less attention to the potential competition。In this regards, this paper investigated the relation between potential foreign competition and domestic market structure。动态动态动态模型，we analyzed the dynamic response of import penetration to the changes of domestic market condition in Korea as a proxy for the degree of potential foreign competition。The empirical results suggests that potential foreign competition does exist in The Korean manufacturing sector and this tendency is more stronger when The market is more concentrated。Thus, in order to effectively implement competition policy, it is necessary to consider both actual and potential competition。
{"title":"해외부문과의 잠재적 경쟁과 시장구조: 실증분석과 정책적 함의 (Potential Foreign Competition and Market Structures: Empirical Analysis and Policy Implications)","authors":"Yong-seok Choi, S. Cho","doi":"10.23895/KDIJEP.2007.29.1.79","DOIUrl":"https://doi.org/10.23895/KDIJEP.2007.29.1.79","url":null,"abstract":"Korean Abstract: 대외개방의 진전은 해외로부터의 실제적 경쟁(actual competition)과 잠재적 경쟁(potential competition)을 동시에 촉진 할 수 있다. 경쟁정책을 집행하는 데 있어 지금까지 경쟁당국은 국내시장에서 수입품이 차지하는 비율, 즉 실재적 해외경쟁만을 고려해 온 경향이 있으며, 잠재적 경쟁에 대한 고려는 상대적으로 적었던 것으로 판단된다. 본 논문은 수입침투율의 국내시장조건에 대한 동태적 반응을 잠재적 경쟁의 측정지표로 사용하여 해외로부터의 잠재적 경쟁이 한국의 산업별 시장구조에 따라 어떤 차이를 가지는가를 살펴보는 것을 목적으로 하고 있다. 동태적 패널모형을 이용한 실증분석의 결과, 해외로부터의 잠재적 경쟁이 유의하게 존재하며, 이는 국내시장구조가 상대적으로 독과점화되어 있는 경우 보다 강하게 나타난다는 것을 발견하였다. 이러한 결과는 국내시장구조만으로 경쟁의 정도를 파악하는 데에는 한계가 있으며, 따라서 경쟁정책의 왜곡을 줄이기 위해서는 해외부문과의 잠재적 경쟁을 적절히 반영하는 것이 필요하다는 것을 시사해 주는 것이라고 할 수 있을 것이다.English Abstract: Opening domestic market to international trade may enhance not only actual competition but also potential competition from foreign competitors. It seems that the competition authority has focused mainly on the actual competition (measured by the current market share) and has paid less attention to the potential competition. In this regards, this paper investigated the relation between potential foreign competition and domestic market structure. Using dynamic panel regression model, we analyzed the dynamic response of import penetration to the changes of domestic market condition in Korea as a proxy for the degree of potential foreign competition. The empirical results suggests that potential foreign competition does exist in the Korean manufacturing sector and this tendency is more stronger when the market is more concentrated. Thus, in order to effectively implement competition policy, it is necessary to consider both actual and potential competition.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134460896","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}
Sipping a hot cup of the finest Darjeeling tea or enjoying an exotic champagne may not have been possible without the aid of geographical indications. For years now, products originating from one particular region or another have gained reputations for their unique quality and characteristics. Their special attributes may be due to the specific geographical conditions of their place of origin, such as the soil and temperature, and/or human factors, like the method of preparation. Such reputations, gained over a number of years, have in the modern era translated into geographical indications over which many battles have been fought.
{"title":"A Question of Origin: What's in Champagne that Ain't in Basmati?","authors":"Vishwas H. Devaiah","doi":"10.2139/SSRN.2312323","DOIUrl":"https://doi.org/10.2139/SSRN.2312323","url":null,"abstract":"Sipping a hot cup of the finest Darjeeling tea or enjoying an exotic champagne may not have been possible without the aid of geographical indications. For years now, products originating from one particular region or another have gained reputations for their unique quality and characteristics. Their special attributes may be due to the specific geographical conditions of their place of origin, such as the soil and temperature, and/or human factors, like the method of preparation. Such reputations, gained over a number of years, have in the modern era translated into geographical indications over which many battles have been fought.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128405591","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}
Jon C. W. Pevehouse, E. Hafner-Burton, Matthew C. Zierler
A major development within the international trading system during the post-World War II era is the creation and expansion of agreements to manage international trade. Although the GATT/WTO framework consumes the lion's share of attention in this realm, scholars increasingly acknowledge the rise of economic regionalism. Thus, while great strides have been taken to provide a universal forum for the establishment of standards, rules and regulations for the trading system, there has also been a concomitant rise in regionally-based preferential trading agreements (PTAs). These regional agreements bring together groups of states that are geographically linked or share some other common experiences that facilitate cooperation and mutual gains.
{"title":"Regional Trade and Institutional Design: Long after Hegemony?","authors":"Jon C. W. Pevehouse, E. Hafner-Burton, Matthew C. Zierler","doi":"10.2139/ssrn.2702048","DOIUrl":"https://doi.org/10.2139/ssrn.2702048","url":null,"abstract":"A major development within the international trading system during the post-World War II era is the creation and expansion of agreements to manage international trade. Although the GATT/WTO framework consumes the lion's share of attention in this realm, scholars increasingly acknowledge the rise of economic regionalism. Thus, while great strides have been taken to provide a universal forum for the establishment of standards, rules and regulations for the trading system, there has also been a concomitant rise in regionally-based preferential trading agreements (PTAs). These regional agreements bring together groups of states that are geographically linked or share some other common experiences that facilitate cooperation and mutual gains.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130856787","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}
Integration may be viewed as an evolutionary outgrowth of heightened social and economic interdependence brought about by advances in technology. As persons, goods, capital, services and ideas cross artificial national frontiers at increased rates of speed, the wisdom of imposing disparate governmental regulatory measures is not only called into question because of a variety of factors relating to efficiencies and economies of scale, but the authority of competing national power structures to regulate these flows is called upon for examination.The NAFTA itself is, like the EC, an experiment. It will provide a model for other nations which are interested in reducing trade barriers, but not in creating significant central institutions or in harmonizing laws and regulations. The EC model is a comparative success. In addressing problems confronted by the new NAFTA,solutions may be found by examining the EC experience. Of course, the EC model itself is imperfect and is continually being refined. Perhaps the NAFTA will benefit by observation of the EC as it works its way through the obstacles on the path to completed integration.Though the ambition of the NAFTA regarding the creation of regional institutions is rather modest, and the arrangement is lacking in mechanisms for the harmonization of law, the planting of the acorn of regional institutions in the NAFTA may prove to be a worthwhile task, in the hope of its long term growth into a solid oak of institutions capable of creating a complete and effective NAFTA regional arrangement.
{"title":"Integration Without Institutions: The NAFTA Mutation of the EC Model and the Future of the GATT Regime","authors":"Frederick M. Abbott","doi":"10.2307/840798","DOIUrl":"https://doi.org/10.2307/840798","url":null,"abstract":"Integration may be viewed as an evolutionary outgrowth of heightened social and economic interdependence brought about by advances in technology. As persons, goods, capital, services and ideas cross artificial national frontiers at increased rates of speed, the wisdom of imposing disparate governmental regulatory measures is not only called into question because of a variety of factors relating to efficiencies and economies of scale, but the authority of competing national power structures to regulate these flows is called upon for examination.The NAFTA itself is, like the EC, an experiment. It will provide a model for other nations which are interested in reducing trade barriers, but not in creating significant central institutions or in harmonizing laws and regulations. The EC model is a comparative success. In addressing problems confronted by the new NAFTA,solutions may be found by examining the EC experience. Of course, the EC model itself is imperfect and is continually being refined. Perhaps the NAFTA will benefit by observation of the EC as it works its way through the obstacles on the path to completed integration.Though the ambition of the NAFTA regarding the creation of regional institutions is rather modest, and the arrangement is lacking in mechanisms for the harmonization of law, the planting of the acorn of regional institutions in the NAFTA may prove to be a worthwhile task, in the hope of its long term growth into a solid oak of institutions capable of creating a complete and effective NAFTA regional arrangement.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125628362","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}
Multinational corporations (“MNCs”) operate today in an increasingly open global trade environment. While tariff barriers have collapsed dramatically, several states and numerous scholars have raised concerns that the benefits of trade liberalization are undermined by various non-tariff barriers (“NTBs”) to trade, including the anticompetitive business practices of private enterprise. As a result, demands to link trade and antitrust policies more closely by extending the coverage of the World Trade Organization (“WTO”) to incorporate antitrust law have gathered momentum over the last decade.
{"title":"International Antitrust Negotiations and the False Hope of the WTO","authors":"A. Bradford","doi":"10.7916/D8W37W0J","DOIUrl":"https://doi.org/10.7916/D8W37W0J","url":null,"abstract":"Multinational corporations (“MNCs”) operate today in an increasingly open global trade environment. While tariff barriers have collapsed dramatically, several states and numerous scholars have raised concerns that the benefits of trade liberalization are undermined by various non-tariff barriers (“NTBs”) to trade, including the anticompetitive business practices of private enterprise. As a result, demands to link trade and antitrust policies more closely by extending the coverage of the World Trade Organization (“WTO”) to incorporate antitrust law have gathered momentum over the last decade.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116814246","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}
International trade extension all over the world is the desired goal of all the states, as it increases their revenues; however, this trade extension is almost always accompanied by some dispute among them. The imperative of finding solutions to these disputes necessitates the existence of some bodies related to international trade. Since the GATT , and recently with the establishment of the WTO, international trade has gained an institutional identity. The dispute settlement mechanism of the WTO is one of its special achievements inside this identity; it facilitates a remedial dispute settlement process and makes its awards enforceable.
{"title":"Remedies under the WTO Dispute Settlement","authors":"Aytug Cakir","doi":"10.2139/SSRN.2103301","DOIUrl":"https://doi.org/10.2139/SSRN.2103301","url":null,"abstract":"International trade extension all over the world is the desired goal of all the states, as it increases their revenues; however, this trade extension is almost always accompanied by some dispute among them. The imperative of finding solutions to these disputes necessitates the existence of some bodies related to international trade. Since the GATT , and recently with the establishment of the WTO, international trade has gained an institutional identity. The dispute settlement mechanism of the WTO is one of its special achievements inside this identity; it facilitates a remedial dispute settlement process and makes its awards enforceable.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129759173","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}
Pub Date : 1900-01-01DOI: 10.1142/9789814513258_0011
S. Charnovitz
This article provides an overview of the “trade and environment” interface in the WTO and proposes a new paradigm for making progress. The article reviews recent developments in WTO adjudication and negotiations and examines the institutional interplay of international trade and biosafety with particular reference to the Cartagena Protocol on Biosafety. The article also points to several pro-environmental initiatives that could be taken by the WTO. Part I provides a brief review of the history of environment linkage in trade policy, beginning in 1923. Part II offers a general survey of WTO rules and policies with implications for the environment. Part III looks at the environmental components of the WTO's Doha Round negotiations. Part IV uses the example of biosafety to show why the traditional paradigm of the WTO as a trade-only agency needs to be replaced by a new paradigm.
{"title":"A New WTO Paradigm for Trade and the Environment","authors":"S. Charnovitz","doi":"10.1142/9789814513258_0011","DOIUrl":"https://doi.org/10.1142/9789814513258_0011","url":null,"abstract":"This article provides an overview of the “trade and environment” interface in the WTO and proposes a new paradigm for making progress. The article reviews recent developments in WTO adjudication and negotiations and examines the institutional interplay of international trade and biosafety with particular reference to the Cartagena Protocol on Biosafety. The article also points to several pro-environmental initiatives that could be taken by the WTO. Part I provides a brief review of the history of environment linkage in trade policy, beginning in 1923. Part II offers a general survey of WTO rules and policies with implications for the environment. Part III looks at the environmental components of the WTO's Doha Round negotiations. Part IV uses the example of biosafety to show why the traditional paradigm of the WTO as a trade-only agency needs to be replaced by a new paradigm.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130519591","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}
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