Sẽ có nhiều góc nhìn về định hình chiến lược thời kỳ sau khi Việt Nam vào WTO. Bài viết dưới đây của ông Đặng Lê Nguyên Vũ (Chủ tịch tập đoàn Trung Nguyên, G7 Mart) và ông Vương Quân Hoàng (Nghiên cứu viên cao cấp, Trung tâm Emile Bernheim, Đại học Tổng hợp Brussels) là một ví dụ, mặc dù có thể có nhiều người không đồng tình lắm về xu hướng nhấn mạnh thương mại hơn sản xuất.

The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case before the panel can call on the offending party to respond to the claims. The objective of the present study is to critically evaluate the application of the concept of burden of proof underWTOdispute settlement mechanism.

The paper was intended to make a tentative point about the organizational reform and types of organization, i.e., international, national and private. The author explores in the basics of public administration and contextualizes the variables often employed critically for the discipline of public policy and administration. They would include, for instance, the democratic principles,importance of communication and negotiation, the concept of policy network, diversity, technology and ethics, which are applied and argued over the transition from 1947 GATT to a WTO (...) nauguration in 1995. The present study of organizations or their reform would assively be consulted for the national or private reform, which tends to shed a focus on the legal perspective, organizational efficiency and reform. The studies in variance with the types of organization or institutional agenda, as well as in the viewpoint of public policy and administration are generally lacking or insufficient, at least, less systemic or fragmented. While the WTO has made much accomplishment since its inception, it would equally be true that the criticism and new vision had been raised and will be likely ahead. As it is one of the most dynamic and active international organizations, the author likes to exemplify it to test a scope of policy variables as interactive with the last and extended renovation in 1987-1994, which continue to be relevant with the new agendas and vision for a better paradigm of WTO and as an international organization. The author also expects that the future research can develop a set of distinct elements in response with the types of organization and from the viewpoint of public administration. (shrink)

Jordan acceded to the WTO in 1999. In its accession Jordan agreed, for example, to reduce tariffs on imported products and open its services market; it also modified its intellectual property regime. Jordan enjoyed special and differential treatment in few areas and was not able to designate olive oil as a good eligible for special safeguards. The WTO agreements required fundamental changes in the domestic laws and regulations of Jordan. The article concludes by arguing that Jordan’s accession to the WTO (...) was a lengthy and costly process. Jordan agreed to an arduous package of legal and economic reforms. Given that Jordan agreed to greater commitments compared to the obligations of the original WTO members, the multilateral trading system witnessed an accession saga. (shrink)

The World Trade Organisation, and the international trade regime within which it operates, is regularly evaluated in terms of distributive outcomes or opportunities. A less-established concern is the extent to which the institutional structure of the trade regime enables agents to exert control over the economic forces to which they’re subject. This oversight is surprising, as trade negotiations amongst states have profound impacts upon what options remain open to those states and their citizens in regulating their economies. This article contributes (...) to filling this lacuna in the literature. Following on from recent neo-republican work on global and international justice, it argues that a major problem with the WTO is that it fails to effectively mitigate the domination of some states by others within its negotiations. Such domination prevails despite the employment of negative consensus as a decision-making procedure. (shrink)

This Article aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become imbued with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due both to the WTO’s specific dispute settlement procedures and to the substantive nature of precautionary measures. Indeed, such measures’ foundation on “insufficient scientific evidence” dramatically undermines the probative value of science in WTO adjudication and creates a seeming contradiction: The system requires defendants to provide (...) legal evidence of the absence of sufficient scientific evidence. The reasoning of the Panel on the EC–Biotech case was riddled with this apparent paradox. For the first time, the US–Continued Suspension case has opened a gateway to address this fundamental issue. (shrink)

The purpose of the present article is two-fold. First, the article examines the reasons as to why Arab countries do not actively participate in WTO dispute settlement proceedings.17 Trade volume, lack of technical expertise, financial strains, political relations, enforcement, and language problems eachplay a role in Arab countries under-participation and are discussed herein. Second, the article provides possible avenues through which Arab countries can enhance their presence in the WTO dispute settlement process. In the process of examining these issues, the (...) article highlights the case(s) in which Arab countries participated in the WTO dispute settlement system. However, before addressing these issues, the article will briefly discuss the development of the WTO dispute settlement mechanism. (shrink)

WTO는 2005. 3. 7. EC 제소의 선박산업에 대한 보조금지급에 관한 한국과 EC 간의 通商紛爭에 관 하여 패널결정을 선고하였으며, 양국의 항소포기로 인하여 4. 12. 분쟁해결기구가 동 결정을 채택하고 그 이행에 관하여 감시하고 있다. 즉, WTO는 제소국인 EC가 대한민국의 수출입은행법 및 동법 시행 령, 동 법령에 근거한, 개별적 특혜조치, 대우, 한라, 대동 등 우리 나라 주요 조선기업에 대한 특혜적 구조조정이 WTO가 허용하지 않는 금지보조금 및 조치가능보조금에 해당한다고 주장하면서 대한민국 정부를 상대로 제소한 통상분쟁과 관련하여 대부분 EC의 주장을 배척하고 일부 개별적 거래가 WTO 의 (...) 보조금 및 상계조치에 관한 협정에 위반한다는 결정을 내린 것이다. 이에 따라 WTO는 피소국인 대한민국에게 지체없이 동 일부 특혜조치 등을 철회할 것을 권고하였고, 대한민국 정부는 이를 이행할 의무를 부담하게 되었다. -/- 본 사안을 통하여 WTO는 보조금 및 상계조치에 관한 해석론상의 많은 쟁점들에 관하여 法理的 견해 를 밝혔다. 첫째, 동일한 사실관계에 관하여 금지보조금과 조치가능보조금의 주장이 중첩적으로 가능하 고, 둘째, 전통적인 재량행위론, 즉 법령조항의 기속행위성 여부가 정부나 공공기관의 재정적 공여요건 의 충족 여부에 관한 판단의 기초를 제공하며, 셋째, 소위 SCM협정 예시목록의 법적 성격, 넷째, 재정 적 공여 요건과 특혜요건의 준별, 다섯째, 중대한 손상요건과 관련하여 보조금 해당요건과 국내 상계관 세부과조치의 준별, 여섯째, 보조금해당 여부의 판단에 있어 ‘ 동종물품요건’ 의 적용문제, 일곱째, 조치가 능보조금의 태양으로서 가격유지 및 왜곡된 가격인하의 개념 및 보조금요건충족과의 문제 등이 그것이 다. 본 논문은 우리의 주요 수출산업인 조선산업과 관련하여 이러한 쟁점들에 대한 WTO 결정의 의미 를 검토하였는바, 국제통상규범과 관련하여 향후의 무역분쟁에 대한 대비에 일조할 수 있었으면 한다. (shrink)

Vietnam continuously liberalizes the financial market as a requirement for its accession to the World Trade Organization in 2007. This paper discusses the foreign investors’ expectation and their experience when penetrating into Vietnam’s market. The role of the foreign entrants is also assessed. By synthesizing and analyzing relevant research and reports, several important insights are discovered. Firstly, the presence of foreign investors and banks improves market competition, efficiency, and stability. Wholly and partly foreign-owned banks provide the spillover effects in management (...) quality, in the introduction of world standard banking products and services, and in the application of information technology. Secondly, by looking into the foreign owned banks, it is found that the banks’ foreign investors are not likely to play an influential role in managing the banks they invested in. The motive of the investors to control the invested companies leads to their decision of holdings withdrawing. (shrink)

The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. -/- (...) The purpose of the paper is to examine Jordan's safeguard law. The paper analyzes safeguard investigation, safeguard review, and duration. In addition, the paper examines safeguard measures under the U.S.-Jordan Free Trade Agreement. (shrink)

The question this article addresses is how the WTO supports and deals with digital trade. The article then analyzes how existing WTO agreements have dealt with digital trade. The article also addresses recent trade agreements particularly the USMCA.

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...) termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

The purpose of the paper is to examine trade boycott of Arab countries of Danish goods and role of WTO.

Jordan made substantial market access commitments as part of its WTO membership negotiations. Jordan has low average tariffs with single or two digits rate and ad valorem-only duties with some exceptions where specific duties apply. Customs standards in Jordan were streamlined in accordance with WTO rules. Jordan confirmed in its accession to the WTO that free zones or export processing zones would be fully subject to the coverage of the commitments taken in the protocol of accession. The purpose of this (...) article is to examine and analyse Jordan’s current imports and tariffs regime. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

The book, providing a broad analysis of trade liberalization initiatives from the inception of the World Trade Organization (WTO) to 2013, is essential reading for trade lawyers, researchers, and students alike who are interested in getting a glimpse of the future directions for trade liberalization. The book attempts to ask and answer the following key question: What are the alternatives to trade liberalization in the WTO system?

The World Trade Organization (WTO) is a multilateral trade organization that, at least partially, governs trade relations between its member states. The WTO (2011a) proclaims that its “overriding objective is to help trade flow smoothly, freely, fairly and predictably.” The WTO is a “treaty-based” organization – it has been constituted through an agreed, legally binding treaty made up of more than 30 articles, along with additional commitments by some members in specific areas. At present, 153 states are members of the (...) WTO, which collectively make up over 97 percent of all trade worldwide (WTO 2011b). Together, the WTO treaty specifies the rights and obligations of its member states. To become a member of the WTO, a state must treat the agreement as a “single undertaking.” Members cannot choose à la carte which agreements – for example, regarding tariffs, or trade in services or intellectual property – they want to accede to and which they do not. Instead, they must take on the obligations of the agreement in toto. The WTO is one of the most consequential governance institutions in the world, a lodestar of political debate about globalization (see globalization), attracting increased interest from moral and political philosophers in recent years (James 2006; Moellendorf 2005; Risse 2007; Brock 2009). (shrink)

Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature (...) and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL. (shrink)

The collective monograph «Determinants of Innovation and Investment Development of Multisectoral Entrepreneurship, Tourism and Hospitality Industry» is devoted to the 20th anniversary of the Educational and Scientific Institute of Economics and Law of Cherkasy Bohdan Khmelnytsky National University and is a continuation of the research tradition on the development of entrepreneurship, innovation, finance, competition, accounting and auditing problems, tourism, hotel and restaurant business. The results of the scientific research presented in the collective monograph show the achievements of the representatives of (...) various scientific schools, allow analyzing the experience gained and, considering current economic and political realities, contribute to the scientific substantiation of the prospects for the development of entrepreneurship, tourism industry, hotel and restaurant economy, enrich the intellectual potential of higher schools. The topics of sections and subsections identify the problem issues of innovation, investment and information technology in entrepreneurship, consider the competitive environment in the field of entrepreneurship, investigate the financial-economic and social problems, various directions of tourism industry development, declared by the World Economic Forum jointly with the World Tourism Organization (UN WTO). Particular attention is paid to the development of new trends in the hotel and restaurant business. A common task for scientists, educators, and employers in the conditions of international environmental instability is the formation and dissemination of new knowledge to achieve ambitious goals concerning the entrepreneurship development of tourism, hotel and restaurant business. The proposed discussion of current issues, experience and recommendation exchange will contribute to problem solving, research intensifying in the specified areas of activity. An important component of the modern economics is entrepreneurship; and the intensification of entrepreneurial activity should ensure overcoming of economic crises and their social and economic consequences, and determine the dynamic progress of a society and future welfare of people. It is entrepreneurship that is considered in many economically developed countries as a defining condition for a social and economic prosperity. Entrepreneurial activity involves all branches of economy including industrial, humanitarian and service areas. Therefore, it is necessary to study the key factors for the development of entrepreneurial activity in Ukraine. The current problems of entrepreneurship, tourism, hotel and restaurant business are extensively investigated by both domestic and foreign scholars. A number of researches focuses on these problems. Without diminishing the importance of their contribution to science, the need for further research and improvement should be noted. Therefore, in the monograph, special attention is paid to the state support of business structures, the regulation mechanisms of entrepreneurship, tourism, hotel and restaurant business, social sphere and interaction of market and state institutions, etc. The research was carried out using the developed scientifically substantiated methodological approaches based on the scientific developments of leading foreign and domestic scientists, which allowed proposing the specific directions of entrepreneurship development in the fields of economy, tourism, hotel and restaurant business. The unique nature of the monograph is not only its scientific significance, but also its practical application; since the substantiated positions, measures, proposals for the further transformation of economic processes in Ukraine and in the world have practical value. (shrink)

The global economy has showed progress in terms of a new reign of multilateral cooperation represented by the World Trade Organization (WTO). On the other hand. regional integration creates economic benefits as illustrated by the creation of the EU and NAFTA. East Asia has also seriously pursued prospects for economic integration. producing considerable successes thus far. A Free Trade Agreement is a useful tool to assist in this evolution of trade relations. and South Korea. one of the major economies in (...) East Asia. is uniquely situated to play a significant role in future negotiations. From this perspective. this paper surveys the global structure and organization of international trade. problems of regional economic integration emphasizing East Asia. and attempts to articulate a plausible South Korean strategy. (shrink)

In the last 10 years, after becoming the official member of WTO in 2007, Vietnam has made commitments to the comply with the US-Vietnam Bilateral Trade Agreement and other international economic agreements. Vietnam has also become a member of the AEC and entered into important free trade agreements, notably the Trans Pacific Partnership. The financial integration of Vietnam in the global economy has been increasing rapidly. However, Vietnam also witnesses the unexpected economic fluctuations domestically and internationally. The global financial crisis, (...) especially the US financial crisis, exerts a major impact on Vietnam’s economy and its banking system. Accordingly, the real estate market, stock market and banking system in Vietnam have fluctuated remarkably. This article discusses the causes of the US financial crisis and analyses the US government’s solutions. The causes of the US financial crisis are distributed to lax lending standards, failures in regulations of derivates financial instruments, and lack of state control of banking systems. In this respect, recommendations are made for Vietnam’s case. (shrink)

Leadership is certainly a central concept that the contemporary society now requires to increase the chances of survival and prosperity. As the contemporary politics guides, the world now see a greater turn to the kind of strategic paradigm heavily departing from the previous adherence to the ideological tenet. The strategy is a vital way of approach to address the needs of followers, subordinates, stakeholders and shareholders although there are other strands of influence including the culture (For political discourse, it is (...) also interesting to read the Huntington’s viewpoint about the clash of civilization), ideology though (still heavily on the global politics), shared comradeship and intelligence, and others. The leadership, in the contemporary framework, is likely to be analyzed as several points of evolution. The leadership, as we set aside the assumed status of peaceful coexistence in the ancient communal society unlike the Marxism circle, can be seen as one of interactive products about some form of organization. For example, ancient Chinese leaders, through its imperial history, almost always have been concerned about the integration of his subject against the foreign threat of ingression. While we realistically see the phenomenon of world as a split nature, the organization, even most simple form for the state, has to find their leadership as one kind of interactive context. That is, without any submission, surely the case if we talk about a for-profit organization and also non-profit organization. We can see an idealistic organization that may be perceived as monopolistic, such as UN and NGOs. These organizations, however, are also facing the realistic challenge to interact with outside actors and other organizations. For the UN, a terrorist state or organization might be a good example which it needs to interact. In some cases, the states in the dispute and hostile confrontation may be concerned interactively. For the NGOs, the state and conservatists’ group of WTO can be the actor or organization that they have to deal with. Then we can reach the deep structure or environmental element which the leaders of organization have to deliberate on his true nature of leadership. (shrink)

In the context of Ukraine’s membership in the WTO, the functioning of a free trade area with the EU, the opportunity for agricultural producers to obtain a larger share of the value added is primarily linked to the intensification of trade in domestic livestock products and their processing products. However, their production is one of the high-risk areas and requires a set of measures aimed at ensuring proper quality. Without effective solution of the problem of quality of livestock products it (...) is impossible to ensure its competitiveness in the world market, to guarantee the rational nutrition of the population of the country, the availability of the necessary components for the vital activity of the human body. The aim of the research is to determine the socio-economic factors for ensuring the quality of livestock products in Ukraine. The scientific and specific research methods were used to solve the tasks set in the work: the historical method; abstraction method; method of comparative analysis; system-structural method. The main producer of livestock products in Ukraine are households. They do not have the capabilities to implement technologies of keeping, feeding, veterinary services, programs prerequisites for guaranteeing the safety of products, adherence to the HACCP principles. In Ukraine, real technical, economic and organizational-economic prerequisites for ensuring the safety and quality of livestock products are created only in the poultry meat sector. During 2015-2017, the trends in production of almost all types of livestock products except poultry and honey were identified. One of the reasons for this situation was, firstly, decreasing in capital investment in the livestock sector, and secondly, the low profitability of production of livestock products in the context of accelerated growth in prices for resources. It is proved that insignificant market (price) incentives should be supplemented with instruments of state assistance to improve the quality parameters of products on the basis of specialized enterprises. The necessity of state support for the production of livestock products based on small and medium-sized enterprises is substantiated. This will effectively combine the processes of increasing the production of livestock products with the environmental friendliness of production and steady improvement of quality. It is shown that the low quality of certain livestock products in Ukraine is caused by insufficient living standards of the population and low incomes of the majority of households, which cause them to consume low quality products. It is determined that the problem of guaranteeing the quality of livestock products in Ukraine has deep roots cause due to the influence of socio-economic factors. Therefore, a comprehensive approach is needed to solve it, which is not limited to improving the efficiency of the state control system and successfully harmonizing of the Ukrainian technical regulation system with the European one. The problem of low quality and the danger of livestock production requires a systematic approach for its solution, which is not limited, in particular, by measures to improve the system of state control and ensure approximation of the domestic technical regulation system to the European one. In Ukraine, major high-quality animal products are economically inaccessible to a large part of households. The projected increase in safety parameters and a certain improvement in the quality of livestock products as a result of the implementation of regulations adopted in 2014-2017, will necessarily lead to an increase in its value, and therefore may lead to a decrease in market demand and even greater inaccessibility of these products to people. All this can only aggravate the situation with guaranteeing the food security of the country, forming the prerequisites for increasing the intellectual capacity of the nation. (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

Arab countries have adopted market economy principles and pursued policies designed to strengthen their economies. The cornerstone of Arab countries' long-term economic objectives has been to increase trade and support economic growth via regional and global integration. To this end, Arab countries are attempting to broaden their engagement in the multilateral trading system by joining the World Trade Organization (WTO). In addition, some Arab countries entered into trade arrangements with the United States (U.S.) to foster economic development, attract investment, and (...) develop peaceful relationship. These trade agreements carry several implications for local economies. (shrink)

Nền kinh tế nước ta đang chuyển biến mạnh mẽ từ nền kinh tế bao cấp sang kinh tế thị trường, nhất là từ khi nước ta gia nhập WTO. Đảng và chính phủ đã đề ra rất nhiều các chính sách để cải tiến các thể chế quản lý nền kinh tế và tài chính. Thị trường chứng khoán Việt Nam đã ra đời và đang đóng một vai trò quan trọng trong việc huy động vốn phục vụ cho (...) việc phát triển nền kinh tế quốc dân. Việc phân tích tác động của các chính sách đến nền kinh tế vĩ mô và nền tài chính, những đối sách của chính phủ ta và chính phủ các nước đối với cuộc khủng khoảng tài chính toàn cầu là các vấn đề rất thời sự đang thu hút sự chú ý của nhiều nhà kinh tế và toán học. (shrink)

In the article are considered the foreign trade agricultural products of Ukraine in COVID-19 pandemic. The structure of foreign trade agricultural products of Ukraine, countries-importers of Ukrainian agricultural products, the dynamics of changes in sales in absolute and monetary terms are determined. The directions of state support of Ukraine for agricultural producers exporting agricultural products abroad and the directions of WTO support in the conditions of COVID-19 pandemic are studied. Measures for further development of foreign trade agricultural products of Ukraine (...) in COVID-19 pandemic and overcoming the negative effects on the market of agricultural products are proposed. (shrink)

In the last 10 years, after becoming the official member of WTO in 2007, Vietnam has made commitments to the comply with the US-Vietnam Bilateral Trade Agreement and other international economic agreements. Vietnam has also become a member of the AEC and entered into important free trade agreements, notably the Trans-Pacific Partnership. The financial integration of Vietnam in the global economy has been increasing rapidly. However, Vietnam also witnesses the unexpected economic fluctuations domestically and internationally. The global financial crisis, especially (...) the US financial crisis, exerts a major impact on Vietnam’s economy and its banking system. Accordingly, the real estate market, stock market and banking system in Vietnam have fluctuated remarkably. This article discusses the causes of the US financial crisis and analyses the US government’s solutions. The causes of the US financial crisis are distributed to lax lending standards, failures in regulations of derivates financial instruments, and lack of state control of banking systems. In this respect, recommendations are made for Vietnam’s case. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). -/- (...) The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

The Paris Convention on Climate Change is a convention under the United Nations Framework Convention on Climate Change that deals with greenhouse gas emission reduction, coordination and financing issues. The Convention shall enter into force from 2020. The Paris Climate Convention is an international environmental law with stronger social norms than other international law areas. Furthermore, the national characteristics of the norm have been doubled as a result of adopting the nationally determined contribution as the most important mechanism. In this (...) context, this paper examines the issues of the Paris Climate Convention at the international legal level. We examine the issue of enhancing normative efficiency through international trials of the Paris Convention and the International Court of Justice. Second, we examine possible conflicts between the Paris Climate Convention and the WTO law. This is to look at the bilateral issues between the WTO and the Parisian climate treaty, which represents the interests of developmentalists in the basic framework of the confrontation between developmentalists and environmentalists. Of course, when the two norms are in harmony, the normative effectiveness of the Paris Climate Convention is increased. Third, we briefly discuss the role of the domestic courts in raising the Paris Climate Convention, human rights issues, and normative effectiveness. In the end, the Paris Climate Convention enhances the normative effectiveness and suggests ways for lawyers and key actors to move forward. (shrink)

Quá trình hội nhập kinh tế quốc tế của Việt Nam đã trở thành xu thế tất yếu và đang diễn ra ngày càng sâu rộng về nội dung và quy mô trên nhiều lĩnh vực, được bắt đầu từ năm 1986 khi Đại hội Đảng lần thứ VI mở đường cho công cuộc đổi mới nền kinh tế một cách toàn diện. Theo đó, Việt Nam gia nhập khối ASEAN năm 1995, tham gia vào khu vực mậu dịch tự (...) do ASEAN (AFTA) năm 1996, gia nhập APEC năm 1998, ký Hiệp định Thương mại Việt Nam- Hoa Kỳ năm 2000 và ký kết nhiều hiệp định thương mại, đầu tư khác. Năm 2007, Việt Nam chính thức trở thành thành viên của Tổ chức thương mại thế giới WTO, là dấu mốc quan trọng trong sự nghiệp công nghiệp hoá, hiện đại hoá đất nước, bắt đầu quá trình hội nhập sâu rộng với thị trường quốc tế nói chung và trong lĩnh vực ngân hàng nói riêng. (shrink)

Customs law and procedures are important part of the trade system in Jordan. They regulate the flow of goods across the borders. The purpose of this paper is to examine Jordan's import regime by analyzing customs law, rules of origin, free trade zones, and tariffs reform.

Through the benefits of trade openness, diversification, and economic competitiveness, the UAE was successful in its economic endeavors by creating economic winners and protecting those who have been hurt by the embrace of globalization. The country also paid special attention to the issues of wealth distribution and fairness in the allocation of economic resources (inclusive globalization). The most important lesson from UAE’s economic growth is that strong formal institutions with sound vision designed to propel economic development are keys for success.

The purpose of this paper is to examine the labor and environment provisions of the US-Jordan FTA.

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this article (...) is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)

As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be a (...) kind of God’s product so to be most benevolent, humanly appealing, efficient and philanthropic. This means the democratic form of government is not best, but most favored alternative to police the society. The political terms, henceforth, would supervene the concept of democracy, and, for many reasons and on historical wake, democracy is generally accepted as practically most desired form of rule or governance. While some modern scholar revealed, a mini-republic can be a niche to contest the merits of various forms of governance. We can gauge a scope of elements we value through the governance process, human intrinsic, efficiency, equality, welfare and even individual happiness. As the time is a small city community, called a polis, in Plato and Socrates, a mini republic can be well envisaged in understanding the Platonic Republic. In that case, most benevolent ruler may be superior to any other form of governance, which can be a philosopher’s Republic. The ideal ruler would behave and govern with mighty intelligence and concomitant power to rule. It is idealistic to produce maximum happiness of polis constituents. The worst contras, however, a tyranny, comes that the constituents legitimately expel their ruler by a collective vote. This extreme contrast and the way of process also could be ascertained in the ancient form of oriental monarchy. The dynasty could be legitimately revoked to restore new heritage of emperor or Kings where a kind of rebellion, as elucidated by Locke, is well justified in the name of heaven’s command. Given the size of polis or governed territory, there are separate ways to redress the evils of tyranny while the Oriental culture has not recognized the kind of formal vote methods. Any means to expel the tyranny could be embraced to rebel. For our purpose of grasp through this working paper, I would theorize on the traditional elements of public policy and democratic form of government. (shrink)

Tiêu đề bài: Bối cảnh tài chính Việt Nam 1997-1998 và 2007-2008: khoảng cách và biến đổi -/- Tác giả: Phạm Minh Chính, Vương Quân Hoàng -/- Ấn phẩm: Tạp chí Nghiên cứu Kinh tế, Tập 48, Số 7, Serial 362, tr. 3–24 (ISSN: 0866-7489) -/- Ngày xuất bản: 15 tháng 7 năm 2008 -/- Hà Nội, Việt Nam.

The main focus of the book is to examine every possible facet of the world trading system from a development perspective to advance economic development. Thus, the book title "Reclaiming Development".