Intl LawOrganization GOVT 446
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This 27 page Class Notes was uploaded by Estefania Cartwright Sr. on Monday September 28, 2015. The Class Notes belongs to GOVT 446 at George Mason University taught by Lopez-Santana in Fall. Since its upload, it has received 32 views. For similar materials see /class/215054/govt-446-george-mason-university in Government at George Mason University.
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Date Created: 09/28/15
39i R39epmduqtiun39rights nbtginap u 37 la WW He J V Wyplan onStqckcpm l gt gagglkgmammstxw 6 W Whv an international regime vs the invisible hand of the market Wealth prosperity and wellbeing peace Centrelizatien market ecenomy is very decentralized Reduce transactien costs Reduce governments distertions Reduce uncertainty provide structure Reduce problems related to asymmetric information Premote rules of reciprocity Predictability and stability reduce risky transactiens Thirdparty dispute resolutien and enforcement Reduces advantages based on disparities eg pewer Economic Issues and Law Key policy area IR About 90 of IL almost every other policy area is impacted by it Could be seen as a policy area motivating many aspects of IL and lOs wealth and power dimensions Always salient eg Venice Amsterdam Marco Polo Christopher Columbus The Road to FreeTrade After the 2rlol WW9 from protectionism to multilateralism The need to create international regimes and institutions Goals multilateral trade negotiations liberalization openness First step Creation of the lnternational Trade Organization Havana Charter 1947 1St attempt to build a global legal regime for international trade Pushed by the US but later rejected Charter dead General Agreement on Tgriffs and Trade GATT Originally part of the Charter later became a de facto IO PrinciplesBuilding Blocks of the regime 1 Com Qarative Advantage Move away from selfsuf ciency Specialization and trade growth and well being 2 Nondiscrimination 2A Mostfavored nation MFN principle any advantage favor privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territories of all other contracting parties Grant someone a special favor and you have to do the same for all other VVTO members Exceptions existing preferential systems custom unions eg EU it still created conflicts freetrade associations 28 National Treatment Rule designed to prevent discrimination against foreign products after they enter the country Imports should get same treatment as domestic products eg taxation regulation transportation distribution 3 Antidumpinq restrictions introduced in the Kennedy Round against pricing below normal market price prevent predatory pricing 4 Prohibition of subsidies politically difficult 5 Prohibition of quantitative restrictions eg import quotas exchange rates barriers 6 Recigrocity the concept that the tariff reductions should be mutually advantageous exception LDCs VVTO Reflects a desire to A Limit the scope of freeriding that may arise because of the MFN rule B Obtain better access to foreign markets Agriculture Special regime within GATT with less restrictians x eg export subs idie and quantitative J restrictions were permitt r Farmers powerful domestic group maintain high prices I EU Common Agricultural Policy Rounds Year Name Participants and Issues 1947 Geneva 23 Tariffs 1949 Annecy 13 Tariffs 1950 Torquay 38 Tariffs 1956 Geneva 26 Tariffs 19601961 Dillon 26 Tariffs 19621967 Kennedy 62 Tariffs and antidumping measures 19731979 Tokyo 102 Tariffs nontariff barriers 1986 1993 Uruguay 123 Tariffs nontariff barriers rules services intellectual property dispute settlement textiles agriculture creation of WTO etc Kev Aspects The role of the hegemon creation and sustainability of the regime early period USA Sustaining and opening markets Marshall Plan Japan System worked very well interdependence and demand for imports Eg overall reduction in tariffs of the first 5 rounds 73 visavis Kennedy round 35 Trade among developed countries quadrupled 19631983 of GDP derived from trade 19601998 96 to 239 USA 355 to 56 Germany 263 to 496 France 1821 1841 7861 1881 1901 192 194 1961 FIGURE 31 Average US Tarif f Rates on Dutiabte Imports 1821 2000 in Percentages SOURCE US Bureau of the Census Historical Statistics of the United States WashIngton DC Government Printing Of ce 1975 and U75 Bureau of the Census Staris39ticai Abstract of the LInr fed States Washington DC39 Government Printing Office various years 7 000 SBIODO SSJJDO 4000 SBVDOO 2000 1000 0 I I l I I I I x I I I 1958 39 1968 1 973 1978 FIGURE 32 Growth in World Exports 19582000 in Billions of Current Dollars Consewences of Openness and Interdependence after 1967 Convergence of developed countries eg labor costs productivity Shifts in comparative advantage9 specialization mostly by level of development Adjustment to domestic economies how to be more competitive eg Japan vs US car industry Domestic pressures new forms of protectionism nontariff barriers eg government procurement health and sanitary regulations national standards consumer and environmental protection had to be diminished extremely difficult Tokyo Round 19731979 Deal with nontariff barriers tropical product s LDC s and agriculture Outcomes Tariffs on manufactured goods reduced Codes on certain nontariff barriers included surveillance and dispute settlement mechanisms yet weak Application of GATT to LDCs Signed by the majority of the developed countries but many LDCs did not form part of this regime therefore many were not multilateral agreements After the 19803 new type of challenges 39 Regu late and liberalize serviee sector intellectual property linked to innovation and technology drugs computers and se ware issues patents trademark copyright laws piracy New Regionalism move away from multilateralism to bilateral and regional agreements Most Active Regional Blocs as of 2004 Area 1 kmz Population GDP per capita PPP Members Agadir Arabic Mediterranean Nations 1703910 126066286 4075 E Africa 29797500 897548804 1896 ASEAN 4400000 553900000 4044 CACM Guatemala El Salvador Nicaragua Honduras 422614 37816598 4219 CARICOM small Caribbean nations 462344 14565083 4409 141 CCASG GCC Arab States of the Gulf 2285844 35869438 14949 6 CEFTA 6 Balkan States Moldova and Kosovo 298148 28929682 7675 w 4325675 496198605 24235 EurAsEC Belarus Kazakhstan Kyrgyzstan Russia and Tajikistan Uzbekistan 20789100 208067618 8118 GUAM Azerbaijan Georgia Moldova Ukraine 810506 63764600 7154 NAFTA 21588638 430495039 35491 PARTA Paci c Islands 528151 7810905 2954 142 SAARC India Pakistan Bangladesh Sri Lanka Nepal Maldives Bhutan Afghanistan 5136740 1467255669 2777 Unasur Unasul South America 17339153 370158470 7749 Success GATT 39 Yes Reduction cf tariffs High rates of warld trade growth and clumestic gruwth Reciprocity 0 NO Many externalities Environmental develupment competitian and unemplayment Weak enfcrcement States can pick and choose Glabal eccnamy new challenges U ruquav Round 19861993 39 To manage the new glebal trading system modernize GATT including new policy areas 0 USA favered this but many others were not canvinced 39 Strengthen GATT as an institution including surveillance dispute settlement enforcement and overseeing implementation 39 Issue of agriculture affected agricultural regime in the EU Outcomes Creation of World Trade Organization 1995 officially de facto an IO About 60 agreements special ones for LDCs Cuts in tariffs and nontariff barriers also more binding 99 DOS and 73 LDCs Significant reductions in agricultural subsidies Elimination of textile and apparel quotas New trade rules for goods GATT services intellectual property and traderelated investment New bindinq procedures for the settlement ofdisputes a country can change its bindings but only after negotiating with its trading partners which could mean compensating them for loss of trade If satisfaction is not obtained the complaining country may invoke the WTO dispute settlement procedures Enforcement and Dispute Settlement WTO Binding States have agreed that if a states is violating trade rules they will use the multilateral system of settling disputes instead of taking action unilaterally Therefore states must abide and respect judgments Monitoring States must notify the WTO about laws and regulations regularly deliver reports to the Secretariat Noncompliance pay compensation eg tariff reductions between involved parties suitable penalty eg sanctions httpwwwwtoorgen glishthewtoewhatisetifedisp2e39 htm Current Issues Environmental and labor standards as nontariff barriers Eg Tuna USA and Mexico Developmental and agricultural policies 39 Democracy and governance Issues of transparency inclusion of non governmental actors accountability Currently Doha round ecommerce regime for pharmaceuticals LDCs Q When comparing trade policy to other policy areas is it a successful regime compliance Other Regimes UN Convention on Contracts for the International Sale of Goods A treaty offering a uniform international sales law ratified by 72 countries Purpose to eliminate any ambiguity caused by different domestic laws concerning the international sales of goods Has been regarded as a success the greatest influence on the law of worldwide transborder commercequot Part of UN Commission on International Trade Law To further the progressive harmonization and unification of the law of international trade
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