This paper offers an overview of the mandate of the European Central Bank (ECB), as defined by its objectives, the instruments available to achieve them and the constitutional framework that the ECB shall observe in pursuing them. The objectives include the primary objective of maintaining price stability and the secondary objective of supporting the general economic policies in the Union. The price stability objective enjoys primacy amongst the ECB objectives. The Treaties do not provide for a hierarchy of the “general economic policies” that the ECB shall support, although a number of criteria derived from primary law can help in guiding the ECB’s priorities in this respect. The ECB is also tasked with contributing to the “smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system”. As for the instruments available, these include both measures that directly pursue the objectives and measures that are instrumental in achieving them. Finally, the other constitutional rules that set out the framework within which the ECB pursues its objectives include the principles of conferral, institutional balance, proportionality, equal treatment and non-discrimination, as well as the principle of an open market economy and the prohibition of monetary financing.
{"title":"The Mandate of the ECB: Legal Considerations in the Ecb's Monetary Policy Strategy Review","authors":"M. Ioannidis, Sarah Jane Hlásková, C. Zilioli","doi":"10.2139/ssrn.3928298","DOIUrl":"https://doi.org/10.2139/ssrn.3928298","url":null,"abstract":"This paper offers an overview of the mandate of the European Central Bank (ECB), as defined by its objectives, the instruments available to achieve them and the constitutional framework that the ECB shall observe in pursuing them. The objectives include the primary objective of maintaining price stability and the secondary objective of supporting the general economic policies in the Union. The price stability objective enjoys primacy amongst the ECB objectives. The Treaties do not provide for a hierarchy of the “general economic policies” that the ECB shall support, although a number of criteria derived from primary law can help in guiding the ECB’s priorities in this respect. The ECB is also tasked with contributing to the “smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system”. As for the instruments available, these include both measures that directly pursue the objectives and measures that are instrumental in achieving them. Finally, the other constitutional rules that set out the framework within which the ECB pursues its objectives include the principles of conferral, institutional balance, proportionality, equal treatment and non-discrimination, as well as the principle of an open market economy and the prohibition of monetary financing.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129855926","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}
In 2015, the African Union launched negotiations to establish African Free Trade Agreement named AfCFTA (African Continental Free Trade Area). In this study, we pointed out the importance of the services sector in intra-African trade. It examines the effects of AfCFTA on intra-African trade in the medium and long term. It assesses the impacts of a reduction of 90% in import tariffs plus 50% in non-tariff barriers (NTBs) on GDP, regional income, and bilateral trade between the ECOWAS (Economic Organization of West African States) and SADC (Southern African Development Community) zones. We use the GTAP Computable General Equilibrium model and the Ad Valorem Equivalents (AVE) of NTBs in services computed using the Services Trade Restrictiveness Indices (STRI) of the World Bank database according to the methodology of the Australian Productivity Commission. Our results suggest that AfCFTA is associated with an increase in GDP and regional household income in the medium and long term for the ECOWAS and SADC regions. Moreover, the liberalization of services increases the two components in the medium and long term for the two integration areas. Bilateral exports of agricultural and manufacturing goods between the two trading blocs increase in the medium and long term. The reduction of NTBs in services is leading to an increase in bilateral exports of agricultural and manufacturing goods in the long run. South Africa remained the largest exporter of manufacturing and agricultural goods. The lowering of barriers to trade in services is leading to a considerable increase in bilateral trade in services between the two trading blocs. Moreover, this trade agreement creates a trade diversion in the long term, but the gain in welfare remains positive and significant in the long term.
{"title":"Modeling the Impact of Non-Tariff Barriers in Services on Intra-African Trade: Global Trade Analysis Project Model","authors":"Amara Zongo, Lukman. O. Oyelami","doi":"10.2139/ssrn.3854631","DOIUrl":"https://doi.org/10.2139/ssrn.3854631","url":null,"abstract":"In 2015, the African Union launched negotiations to establish African Free Trade Agreement named AfCFTA (African Continental Free Trade Area). In this study, we pointed out the importance of the services sector in intra-African trade. It examines the effects of AfCFTA on intra-African trade in the medium and long term. It assesses the impacts of a reduction of 90% in import tariffs plus 50% in non-tariff barriers (NTBs) on GDP, regional income, and bilateral trade between the ECOWAS (Economic Organization of West African States) and SADC (Southern African Development Community) zones. We use the GTAP Computable General Equilibrium model and the Ad Valorem Equivalents (AVE) of NTBs in services computed using the Services Trade Restrictiveness Indices (STRI) of the World Bank database according to the methodology of the Australian Productivity Commission. Our results suggest that AfCFTA is associated with an increase in GDP and regional household income in the medium and long term for the ECOWAS and SADC regions. Moreover, the liberalization of services increases the two components in the medium and long term for the two integration areas. Bilateral exports of agricultural and manufacturing goods between the two trading blocs increase in the medium and long term. The reduction of NTBs in services is leading to an increase in bilateral exports of agricultural and manufacturing goods in the long run. South Africa remained the largest exporter of manufacturing and agricultural goods. The lowering of barriers to trade in services is leading to a considerable increase in bilateral trade in services between the two trading blocs. Moreover, this trade agreement creates a trade diversion in the long term, but the gain in welfare remains positive and significant in the long term.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128106285","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 : 2020-06-26DOI: 10.1093/oso/9780198868477.003.0005
Olabisi D. Akinkugbe
The judicialization of mega-political disputes before the ECOWAS Community Court is understudied. The ECOWAS Community Court lacks express mandate to adjudicate over political disputes. Despite this limitation, the court has been innovative in assuming jurisdiction over mega-political disputes where they are intertwined with potential or actual human rights violation. The Ugokwe Doctrine, enunciated in the case of, Dr. Jerry Ugokwe v. The Federal Republic of Nigeria and Dr. Christian Okeke, provides the precedential ‘cause of action’ for the judicialization of mega-political disputes before the ECOWAS Community Court.
This chapter addresses this new body of jurisprudence by critically analyzing judicialized political disputes before the ECOWAS Community Court. Unlike the traditional scholarship that measures effectiveness based on compliance with the decisions of the courts, the Chapter contends that the significance of the mega-political disputes judicialized before Africa’s regional courts derives from the instrumental objectives of the litigants. By incorporating the social, political, and economic contexts that gave rise to the Francophone and Anglophone cases disputes analyzed, the Chapter illuminates the judicialization of mega-political disputes in ways that are not wedded to the traditional analyses of the functions of regional economic courts.
{"title":"Towards an Analyses of the Mega-Politics Jurisprudence of the ECOWAS Community Court of Justice","authors":"Olabisi D. Akinkugbe","doi":"10.1093/oso/9780198868477.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198868477.003.0005","url":null,"abstract":"The judicialization of mega-political disputes before the ECOWAS Community Court is understudied. The ECOWAS Community Court lacks express mandate to adjudicate over political disputes. Despite this limitation, the court has been innovative in assuming jurisdiction over mega-political disputes where they are intertwined with potential or actual human rights violation. The Ugokwe Doctrine, enunciated in the case of, Dr. Jerry Ugokwe v. The Federal Republic of Nigeria and Dr. Christian Okeke, provides the precedential ‘cause of action’ for the judicialization of mega-political disputes before the ECOWAS Community Court. <br><br>This chapter addresses this new body of jurisprudence by critically analyzing judicialized political disputes before the ECOWAS Community Court. Unlike the traditional scholarship that measures effectiveness based on compliance with the decisions of the courts, the Chapter contends that the significance of the mega-political disputes judicialized before Africa’s regional courts derives from the instrumental objectives of the litigants. By incorporating the social, political, and economic contexts that gave rise to the Francophone and Anglophone cases disputes analyzed, the Chapter illuminates the judicialization of mega-political disputes in ways that are not wedded to the traditional analyses of the functions of regional economic courts.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132582190","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}
The Western world is suffering from an ‘obesity epidemic’, partly attributable to international trade. International trade has contributed to changes in diet, increases in pre-packaged food rich in sugar and salt, and an upsurge in obesity rates and non-communicable diseases. To address this, lawmakers have sought to provide consumers with more or better information, with the aim of nudging consumers towards healthier choices. In this vein, many countries have introduced interpretative front-of-pack (‘FoP’) schemes for food and beverages. In 2014, Australia and New Zealand implemented the Health Star Rating (‘HSR’) FoP system. One of the major flaws of this system is that it is voluntary. Yet, if made mandatory, the HSR system would have a direct impact on the product labelling of international companies selling in Australia and New Zealand. It would, therefore, be more likely to face international scrutiny. In this article, we propose that the HSR system be made mandatory. Thereafter, we analyse the compliance of a mandatory HSR system with international trade law. We conclude that Australia and New Zealand would need to narrowly frame their objectives for making the HSR system mandatory, backed by evidence. In doing so, Australia and New Zealand would likely have to recognise the FoP systems of some other jurisdictions.
{"title":"Front-of-Pack Labelling and International Trade Law: Revisiting the Health Star Rating System","authors":"J. Lai, Shmuel I. Becher","doi":"10.2139/ssrn.3593822","DOIUrl":"https://doi.org/10.2139/ssrn.3593822","url":null,"abstract":"The Western world is suffering from an ‘obesity epidemic’, partly attributable to international trade. International trade has contributed to changes in diet, increases in pre-packaged food rich in sugar and salt, and an upsurge in obesity rates and non-communicable diseases. To address this, lawmakers have sought to provide consumers with more or better information, with the aim of nudging consumers towards healthier choices. In this vein, many countries have introduced interpretative front-of-pack (‘FoP’) schemes for food and beverages. \u0000 \u0000In 2014, Australia and New Zealand implemented the Health Star Rating (‘HSR’) FoP system. One of the major flaws of this system is that it is voluntary. Yet, if made mandatory, the HSR system would have a direct impact on the product labelling of international companies selling in Australia and New Zealand. It would, therefore, be more likely to face international scrutiny. \u0000 \u0000In this article, we propose that the HSR system be made mandatory. Thereafter, we analyse the compliance of a mandatory HSR system with international trade law. We conclude that Australia and New Zealand would need to narrowly frame their objectives for making the HSR system mandatory, backed by evidence. In doing so, Australia and New Zealand would likely have to recognise the FoP systems of some other jurisdictions.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126653176","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}
Discussions on the allocation of international responsibility between an international organization and its member states do not comprehensively engage with the role of obligations in assigning responsibility to the organization and/or its members. The present article sets out what will be termed an obligations-based approach to the allocation of international responsibility by exploring the phenomenon of sharing international obligations by an international organization and its members, as well as the implications thereof for their responsibility under international law. It will do so by focusing on the practice of concluding mixed agreements by the EU and its member states, which commonly results in overlapping obligations for the organization and its members. It is ultimately argued that a distinction should be made between two types of shared obligations in mixed agreements in order to untangle who can be held responsible in case of a breach: the EU, the member state(s), or both.
{"title":"Shared Obligations and the Responsibility of an International Organization and its Member States: The Case of EU Mixed Agreements","authors":"N. Nedeski","doi":"10.2139/ssrn.3576556","DOIUrl":"https://doi.org/10.2139/ssrn.3576556","url":null,"abstract":"\u0000Discussions on the allocation of international responsibility between an international organization and its member states do not comprehensively engage with the role of obligations in assigning responsibility to the organization and/or its members. The present article sets out what will be termed an obligations-based approach to the allocation of international responsibility by exploring the phenomenon of sharing international obligations by an international organization and its members, as well as the implications thereof for their responsibility under international law. It will do so by focusing on the practice of concluding mixed agreements by the EU and its member states, which commonly results in overlapping obligations for the organization and its members. It is ultimately argued that a distinction should be made between two types of shared obligations in mixed agreements in order to untangle who can be held responsible in case of a breach: the EU, the member state(s), or both.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114386980","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}
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Given the discontent of member states and the limited impact that the existing highly legalised trade dispute settlement mechanisms have had on regional economic integration in Africa, this article undertakes a preliminary critical assessment of the AfCFTA Dispute Settlement Mechanism (DSM). The article situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African states with highly legalised dispute settlement systems and similar WTO-styled DSMs among other shortcomings. Notwithstanding the transplantation of the WTO-styled DSM and the ineffectiveness of previous similar attempts in Africa, the article argues that the Consultation Phase offers the AfCFTA member states a realistic chance of engaging with the DSM. In conclusion, the article highlights other factors such as private sector involvement, the strategic operationalisation of the DSM, and geopolitical and power dynamics as critical to the success of the dispute settlement system.
{"title":"Dispute Settlement Under the African Continental Free Trade Area Agreement: A Preliminary Assessment","authors":"Olabisi D. Akinkugbe","doi":"10.2139/ssrn.3403745","DOIUrl":"https://doi.org/10.2139/ssrn.3403745","url":null,"abstract":"The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Given the discontent of member states and the limited impact that the existing highly legalised trade dispute settlement mechanisms have had on regional economic integration in Africa, this article undertakes a preliminary critical assessment of the AfCFTA Dispute Settlement Mechanism (DSM). The article situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African states with highly legalised dispute settlement systems and similar WTO-styled DSMs among other shortcomings. Notwithstanding the transplantation of the WTO-styled DSM and the ineffectiveness of previous similar attempts in Africa, the article argues that the Consultation Phase offers the AfCFTA member states a realistic chance of engaging with the DSM. In conclusion, the article highlights other factors such as private sector involvement, the strategic operationalisation of the DSM, and geopolitical and power dynamics as critical to the success of the dispute settlement system.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134127760","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 business transactions increasingly are being conducted under “soft law”—a term referring to non-state rules that may be aspirational or reflect best practices but are not yet legally enforceable. In part, this shift reflects a decline in cross-border treaty-making, which needs widespread consensus and is subject to lengthy negotiations. Soft law’s lack of enforceability, however, is creating uncertainty and undermining predictability. To increase predictability, this Article argues for an innovative use of soft law: as a set of rules to choose as the governing “law” of business contracts. This use of soft law would be transformational, making the soft law enforceable against the contracting parties and providing a flexible and practical alternative to treaty-making. The Article analyzes whether parties should have the right to choose soft law as governing law, and also compares the alternative of incorporating soft law only by reference.
{"title":"Soft Law as Governing Law","authors":"S. Schwarcz","doi":"10.2139/SSRN.3307418","DOIUrl":"https://doi.org/10.2139/SSRN.3307418","url":null,"abstract":"International business transactions increasingly are being conducted under “soft law”—a term referring to non-state rules that may be aspirational or reflect best practices but are not yet legally enforceable. In part, this shift reflects a decline in cross-border treaty-making, which needs widespread consensus and is subject to lengthy negotiations. Soft law’s lack of enforceability, however, is creating uncertainty and undermining predictability. To increase predictability, this Article argues for an innovative use of soft law: as a set of rules to choose as the governing “law” of business contracts. This use of soft law would be transformational, making the soft law enforceable against the contracting parties and providing a flexible and practical alternative to treaty-making. The Article analyzes whether parties should have the right to choose soft law as governing law, and also compares the alternative of incorporating soft law only by reference.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133927430","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}
The paper aims to assess the influence of the heterogeneity of financial institutions in the relationship between bilateral trade and the monetary integration process in East Asia. I used a structural gravity model with similarity of currency regimes and I introduced a heterogeneity of financial institutions variable derived from the World Bank Financial Development and Structure Dataset. The hypothesis is that the more heterogeneous financial institutions are, the less bilateral trade there is. The results show a negative relationship between trade and the heterogeneity of the financial institutions. The similarity of currency regimes has a negative effect on bilateral trade, and that effect increases with the presence of the financial institutions variable. I made a second estimation concerning 184 countries and territories and I replaced the similarity of currency regimes with a standard currency dummy. The results confirmed the negative and significant relationship between the heterogeneity of the financial institutions and trade. The recent reform plans of ASEAN countries should also consider these aspects, which are not limited to financial integration problems.
{"title":"Heterogeneity of Financial Institutions in the Process of Economic and Monetary Integration in East Asia","authors":"L. Alfieri","doi":"10.2139/ssrn.3269235","DOIUrl":"https://doi.org/10.2139/ssrn.3269235","url":null,"abstract":"The paper aims to assess the influence of the heterogeneity of financial institutions in the relationship between bilateral trade and the monetary integration process in East Asia. I used a structural gravity model with similarity of currency regimes and I introduced a heterogeneity of financial institutions variable derived from the World Bank Financial Development and Structure Dataset. The hypothesis is that the more heterogeneous financial institutions are, the less bilateral trade there is. The results show a negative relationship between trade and the heterogeneity of the financial institutions. The similarity of currency regimes has a negative effect on bilateral trade, and that effect increases with the presence of the financial institutions variable. I made a second estimation concerning 184 countries and territories and I replaced the similarity of currency regimes with a standard currency dummy. The results confirmed the negative and significant relationship between the heterogeneity of the financial institutions and trade. The recent reform plans of ASEAN countries should also consider these aspects, which are not limited to financial integration problems.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129223621","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 : 2018-10-03DOI: 10.1017/9781108563208.004
Heng Wang
Among the ASEAN’s external FTAs, the ASEAN-China Free Trade Agreement (ACFTA) is of great significance to both the ASEAN and China. The ACFTA was one of the earliest trade pacts concluded by China. It is also part of the ASEAN’s broader push toward concluding FTAs outside the multilateral trading system, in line with the proliferation of regional trade pacts. This chapter will analyze the following questions: what is the approach of the ACFTA? What are the implications of the ACFTA for the the Regional Comprehensive Economic Partnership (RCEP)? What national implementation issues are involved with the ASEAN? The potential implications of the AHKFTA will be explored. The ACFTA does reflect a more flexible approach than other Chinese FTAs, and its implementation faces a number of challenges. It may contribute to the shaping of the RCEP.
{"title":"Building Towards the RCEP? Reflections on the ASEAN-China FTA","authors":"Heng Wang","doi":"10.1017/9781108563208.004","DOIUrl":"https://doi.org/10.1017/9781108563208.004","url":null,"abstract":"Among the ASEAN’s external FTAs, the ASEAN-China Free Trade Agreement (ACFTA) is of great significance to both the ASEAN and China. The ACFTA was one of the earliest trade pacts concluded by China. It is also part of the ASEAN’s broader push toward concluding FTAs outside the multilateral trading system, in line with the proliferation of regional trade pacts. This chapter will analyze the following questions: what is the approach of the ACFTA? What are the implications of the ACFTA for the the Regional Comprehensive Economic Partnership (RCEP)? What national implementation issues are involved with the ASEAN? The potential implications of the AHKFTA will be explored. The ACFTA does reflect a more flexible approach than other Chinese FTAs, and its implementation faces a number of challenges. It may contribute to the shaping of the RCEP.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115661139","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}
Establishing disciplines on the US trade remedy measures was in the view of Canadian policymakers the single most important demand that Canada tabled in the free trade negotiations with the United States leading up to the 1989 Canada-US FTA. The outcome was the Chapter 19 mechanism for binational panel review of anti-dumping and countervailing duty measures. The Chapter 19 measure was carried over into the North American Free Trade Agreement and extended to cover Mexico. The Trump Administration has indicated it is unwilling to continue this mechanism in a renegotiated NAFTA. This note assesses the current value of Chapter 19 for Canada in the context of a renegotiation of the NAFTA with the Trump Administration.
在加拿大决策者看来，建立美国贸易救济措施的纪律是加拿大在1989年美加自由贸易协定之前与美国的自由贸易谈判中提出的最重要的要求。结果是第19章关于反倾销和反补贴措施的双边小组审查机制。《北美自由贸易协定》(North American Free Trade Agreement)延续了第19章的措施，并将范围扩大到墨西哥。特朗普政府表示，不愿意在重新谈判的北美自由贸易协定中继续使用这一机制。本文评估了在与特朗普政府重新谈判北美自由贸易协定的背景下，第19章对加拿大的当前价值。
{"title":"NAFTA Chapter 19 Revisited: Red Line or Bargaining Chip?","authors":"Dan Ciuriak","doi":"10.2139/ssrn.3243113","DOIUrl":"https://doi.org/10.2139/ssrn.3243113","url":null,"abstract":"Establishing disciplines on the US trade remedy measures was in the view of Canadian policymakers the single most important demand that Canada tabled in the free trade negotiations with the United States leading up to the 1989 Canada-US FTA. The outcome was the Chapter 19 mechanism for binational panel review of anti-dumping and countervailing duty measures. The Chapter 19 measure was carried over into the North American Free Trade Agreement and extended to cover Mexico. The Trump Administration has indicated it is unwilling to continue this mechanism in a renegotiated NAFTA. This note assesses the current value of Chapter 19 for Canada in the context of a renegotiation of the NAFTA with the Trump Administration.","PeriodicalId":320446,"journal":{"name":"LSN: Regional Arrangements (Topic)","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123777596","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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