#篇名摘要出處資訊
1 The EU's Request for Arbitration Under the EU-Ukraine Association Agreement

On 20 June 2019, the European Union's (EU's) Delegation to Ukraine submitted a Note Verbale to the Ministry of Foreign Affairs of Ukraine requesting ion behalf of the European Union, the establishment of an arbitration panel pursuant to Article 306 of the Association Agreement of 21 March 2014 between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part'. The dispute concerns Ukraine's export restrictions on timber and unsawn wood of certain species, as well as on unprocessed timber of all species, for a period of ten years. While the restrictions appear to be legally difficult to justify for Ukraine, the more interesting and noteworthy element to this dispute is that it is the first trade dispute that the EU is pursuing under a bilateral preferential trade agreement, even though it relates to disciplines that mirror World Trade Organization (%VTO) rules and could as well be pursued in the framework of WTO dispute settlement. The article reviews the case and discusses the significance and the EU's deliberate choice of dispute settlement within the context of the trade agreement.

作者:Dolle, Tobias; Medina, Lourdes
期刊:GLOBAL TRADE AND CUSTOMS JOURNAL
出版月(日)年:2020
卷(期),頁碼:15(2), 104-110.
DOI:
2 Borders and Protectionism: US Trade Policy and Its Impact on law, Economy and International Trade

Between 2008 and 2018 the major world economies have significantly increased protectionist measures and the most significant impulse is due to the new policy of the USA. We are witnessing a formal and substantial override of WTO rules and, more generally, the perception is conveyed that the WTO rules do not bind the United States and that there is a recovery of sovereignty on these issues. From the economic point of view, the article focus on the short-run effects of the tariffs: spikes in consumer as well as producer prices and higher profit margins for domestic producers. The washing machine industry provides a flavour of the costs that consumers have to pay in order to finance a new job in the protected industry. Economists compute a cost on US consumers of about USD 1.5 billion, i.e. about USD 820000 per additional job.

作者:Armella, Sara; Conti, Maurizio
期刊:GLOBAL TRADE AND CUSTOMS JOURNAL
出版月(日)年:2020
卷(期),頁碼:15(2), 97-103.
DOI:
3 Customs Valuation: A Bosnian and Herzegovinian Perspective

This article analyses Customs valuation system in Bosnia and Herzegovina (BiH) from a broader aspect, with the reference to capacity building activities and Customs-business partnership. At the same time, it pm/ides an overview of international framework and standards in the area of Customs valuation, including instruments and tools of the World Customs Organization (WCO). Gaps and weaknesses found within the Indirect Taxation Authority (ITA) and its Customs Department are challenges for establishing the proper diagnosis. Realistically achievable and practical solutions for overwhelming such problems, sourced both from the WCO materials and the author's experience, are one of the key components of this article. Special attention is paid to searching the reasons of unfavourable court verdicts concerning the acceptance of lawsuits against decisions of the ITA on previously determined Customs value.

 

作者:Alagic, Ognjen
期刊:GLOBAL TRADE AND CUSTOMS JOURNAL
出版月(日)年:2020
卷(期),頁碼:15(2), 69-96.
DOI:
4 HISTORY OF THE CREATION AND ACTIVITIES OF THE WORLD TRADE ORGANIZATION

The article revises the history of creation and the stages of the formation of the World Trade Organization as a new institution for the regulation of multilateral trade relations. The authors analyse the main tasks and functions performed by the WTO, consider the legal basis of the organization and the role of the GATT in its creation. Special attention was paid to the role of the World Trade Organization in shaping international trade policy.

作者:Darkov, Alexander A.; Pashentsev, Dmitry A.; Ponamorenko, Vladislav E.; Rudakova, Elena N.
期刊:VOPROSY ISTORII
出版月(日)年:2020
卷(期),頁碼:1, 192-197
DOI:10.31166/VoprosyIstorii202001Statyi16
5 In Defence of the WTO: Why Do We Need a Multilateral Trading System?

For more than seven decades, the multilateral trading system has played an essential role in promoting international cooperation on trade policymaking and dispute resolution. As the WTO is being pushed toward the verge of irrelevance, it falls upon us, who believe in the utility of the WTO and multilateralism in general, to defend its legitimacy and significance. Taking theoretical and doctrinal approaches as well as case studies, this article expounds on the fundamental function of the system as being to discipline the use of protectionist policy instruments for trade or non-trade objectives and draws on the significance of the Theory of Distortions and Welfare in providing powerful economic guidance for how the system may operate to achieve a proper balance between the regulation of protectionist instruments and the preservation of policy space. Furthermore, this article shows how the WTO's dispute settlement mechanism, particularly the Appellate Body, has served the underlying function of the system by contributing to disincentivizing governments from responding to protectionist demands of special interest groups but leaving sufficient latitude of discretion for governments to accommodate nontrade interests. This article cautions that if the WTO does collapse and potential adverse economic and political ramifications materialize, then the political need for international trade cooperation and rules-based dispute resolution will quickly return. By then, the best way to address that need in pursuit of long-term peace and prosperity would be to rebuild a multilateral trading system.

作者:Zhou, Weihuan
期刊:LEGAL ISSUES OF ECONOMIC INTEGRATION
出版月(日)年:2020
卷(期),頁碼:47(1), 9-42.
DOI:
6 STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW

Over the last four decades, China has sustained extraordinary economic development despite Western assertions of under-constructed economic markets and the lack of an independent adjudicative process. The purpose of this paper is to set out the context of China's judicial independence and high economic development scenario in the global economy. The paper aims to establish that vast economic expansion is possible without the conventional concept of an independent judiciary in which China provides an important example for the world. The study is mainly qualitative in nature and takes the analytical approach. The data and statistics have been collected from sources of the World Bank, IMF, WTO, UNCTAD, The World Factbook of the CIA, and the Chinese National Bureau of Statistics. The content analysis references the Chinese Constitution and judges law, reports of the Supreme People's Court, books, journal articles, newspaper articles, media reports, and internet documents. The findings of the study are that China preserves "adjudicative independence" as a unique feature instead of embracing the Western concept of judicial independence that promotes the confidence of investors to make more investments. Additionally, the initiatives of "Made in China" and "One Belt, One Road" attach new wings to China's emergence as the world's crucial economic power. The article concludes that China's experience provides a lesson for policymakers and economists of other developing or transitional countries struggling with weak legal and court systems, and emerging financial markets. The study strengthens the flourishing literature on the connection between judicial independence and economic development.

作者:Islam, Mohammad Saiful; Xin, Xu
期刊:BRICS LAW JOURNAL
出版月(日)年:2020
卷(期),頁碼:7(1), 148-177.
DOI:10.21684/2412-2343-2020-7-1-148-177
7 The New National Security Challenge to the Economic Order

National security policies increasingly threaten the rules that govern trade and investment flows. This problem is deeper and far more intractable than recent high-profile controversies, such as disputes over the Trump Administration's steel and aluminum tariffs, suggest. Governments worldwide have adopted national security policies that address an increasingly wide array of risks and vulnerabilities, including climate change; pandemic disease; cybercrime; terrorism; and threats to infrastructure, industry, and the media. These policies are also increasingly likely to conflict with trade and investment rules. In other words, while today's high-profile controversies center on alleged abuses of national security in economic law, it is the potential for good-faith but novel national security claims that poses a more significant and permanent threat to the system.
This Article is the first to map the new national security challenge and consider its implications for reforming the economic order. It demonstrates that the twenty-first-century expansion of national security policy undermines existing models for separating security measures from ordinary economic regulation. What is needed, it argues, is a new model for reintegrating the economic order with the national security state. To that end, this Article identifies reforms that allow for some oversight of increasingly novel national security claims while preserving flexibility for governments to redefine their security policies in response to twenty-first-century threats.

作者:Heath, J. Benton
期刊:YALE LAW JOURNAL
出版月(日)年:Feb., 2020
卷(期),頁碼:129(4), 1020-1098
DOI:
8 Food certification, domestic politics and international trade: the US compliance response in three WTO disputes

Throughout the World Trade Organization's history, food certification has been the object of a series of disputes. In turn, food certification is an important element of environmental politics as it is often linked to the conservation of endangered species, promotion of sustainable agriculture and meat production, among others. How do domestic coalitions influence US compliance with WTO rulings in disputes involving food certification? A framework centered on domestic preferences is proposed and tested on the tuna-dolphin, shrimp-turtle and country-of-origin labeling disputes. Through process-tracing, complemented with content analysis, the cases show that the analytical framework partially explains the dependent variable (compliance timing and outcome). In addition to preferences, the cases also call attention to the importance of judicial precedent and scientific findings in influencing compliance timing and outcome in the disputes analyzed. This contributes to the broader literature by unpacking mechanisms leading to compliance.

作者:Cezar, Rodrigo Fagundes
期刊:ENVIRONMENTAL POLITICS
出版月(日)年:FEB. 23, 2020
卷(期),頁碼:29(2), 317-335
DOI:10.1080/09644016.2019.1565462
9 Liberalization for services FDI and export quality: Evidence from China

By employing firm-level export data in China, this paper empirically examines the effect of liberalization of services foreign direct investment (FDI) on exporting firms' quality upgrading. To evaluate its relative effectiveness, we also examine other kinds of trade policies, including tariffs in export destination countries and input and output tariffs in China. With China's accession to the World Trade Organization in December 2001, these trade policies changed substantially during our sample period of 2000-06. Empirical results showed that easing the restrictiveness of services FDI resulted in raising export product quality, mainly for foreign-owned enterprises. More than any other trade policy, we found that reduced input tariffs contributed to raising export product quality.

作者:Hayakawa, Kazunobu; Mukunoki, Hiroshi; Yang, Chih-hai
期刊:JOURNAL OF THE JAPANESE AND INTERNATIONAL ECONOMIES
出版月(日)年:Mar, 2020
卷(期),頁碼:55
DOI:10.1016/j.jjie.2019.101060
10 DEVELOPMENT OF THE CONCEPTS OF INTERNATIONAL PREFERENTIAL AND REGIONAL TRADE AGREEMENTS AND THE CHARACTERISTICS OF THEIR CONTENT

The article is devoted to defining a conceptual framework, content, correlation and international legal confirmation of the terms "regional trade agreement/treaty", "preferential trade agreement/treaty" within the framework of international multilateral trade system and its legal and normative support/regulation. The article argues for the necessity of the term "international agreement/treaty of economic integration" being introduced to reflect modern trends in international trade and its legal and normative regulation, as well as to clear some terminological extraneous features.

作者:Viktoriia, Holubieva
期刊:JOURNAL OF LAW AND POLITICAL SCIENCES
出版月(日)年:Mar, 2020
卷(期),頁碼:22(2), 250-278
DOI:
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