隐藏的欧盟贸易法规:香蕉进口制度和缺乏认知的案例

W. Schulz, Christina Edye, Oliver Franck
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摘要

鉴于特朗普目前的贸易政策,有趣的是欧盟是如何在过去默默地建立贸易壁垒的。香蕉制度(BR)是政治上最敏感、技术上最复杂、经济上最复杂的法律纠纷之一。二战后,作为对前欧洲殖民地的保护措施,BR开始了。随着欧洲单一市场的建立,欧洲范围内的进口制度得以建立。尽管欧盟知道BR与国际贸易规则相冲突,但还是引入了BR。本文展示了香蕉进口制度造成的各种影响。香蕉价格上涨减少了香蕉消费,这导致了欧盟的无谓损失和出口国的福利损失。另一方面,对替代品(如苹果、梨)的需求增加了。供应链的效率被削弱,导致额外的环境污染。这一规定为海关欺诈创造了动机。有组织犯罪(黑手党)获得了巨额现金流入。BR是对国际法的蓄意违反;它降低了消费者的福利,损害了环境和可持续性,并导致收入分配的不平等。在此背景下,本文探讨了为什么消费者和欧洲政治家都不认为BR是一个问题,为什么没有公众压力,为什么没有生态阻力,为什么wto谈判可以推迟这么长时间。
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Hidden European Union Trade Regulations: The Case of the Banana Import Regime and the Lack of Perception
Given the current Trump´s stated trade policy it is interesting how the EU has established silently in the past trade barriers. The banana regime (BR) has been one of the most politically sensitive, technically complicated and economically complex legal disputes. The BR has started after WWII as a protection measure for former European colonies. With the single European market, a European-wide import regime was established. BR was introduced, even though the EC had to know that it conflicted with international trade rules. The paper shows the various effects caused by the banana import regime. The banana price increase reduced the banana consumption, which led to a dead-weight loss in the EU and welfare losses of the exporting countries. On the other side, the demand for substitutes (e.g., apple, pears) increased. The efficiency of the supply chain was impaired leading to additional environmental pollution. The regulation created incentives for customs fraud. The organized crime (Mafia) received an enormous cash inflow. The BR is a deliberate violation of international law; it reduces consumer welfare, it harms environment and sustainability and leads to an inequality of income distribution. Against this background, the paper examines why neither consumers nor European politicians perceived the BR as a problem, why was there no public pressure, why there was no ecological resistance, and why the WTO-negotiations could be delayed so long.
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