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.

1995년 세계무역기구가 출범하면서 구 GATT체제와 달리 국제통상에 관한 분쟁해결절차가 대폭 정 비되었다. 逆滿場一致制의 채택, 處理時限의 명시, 국제통상에 있어 법치주의의 구체화를 위한 抗訴機 構의 설치 등 舊體制와는 매우 다른 양상을 보이고 있다. 우리의 경우 국제무역은 국가의 미래가 걸려 있는 문제이고, 세계가 경제전쟁화되고 있는 현실에서 이러한 체제변화는 우리 정부나 법률 전문가의 관심 사항이 아닐 수 없다. 이러한 맥락에서 본고는 법치주의, 사법적극주의, 심판관의 역할이라는 명 제하에 세계무역기구 항소기구체제의 성격과 문제점을 조명하고 검토한다. 세계무역기구 분쟁해결시스 템은 국내사법체제나 다른 국제사법체제와 달리 비교적 역사가 일천하나, 향후 선례의 (...) 축적에 따라서 는 국제사회에서의 법치주의 달성에 있어 하나의 典型을 제공할 수 있는 가능성이 크다. 그러나 국제 협정체제라는 본질적 한계로 인하여 항소기구가 처하고 있는 현실은 그리 쉬운 것도 아니다. 국제통상 에 있어서의 법치주의와 항소기구, 심판관의 역할문제는 매우 광범위한 문제영역에 걸쳐 있는 문제지 만, 본고에서는 먼저 세계무역기구 출범의 의의와 성격을 살펴보고, 나아가 법치주의와 사법제도, 세계 무역기구 분쟁해결시스템의 성격과 Judge-made law의 중요성, 항소기구심판권의 범위와 한계, 절차 밖의 자가 제출한 참고자료의 문제, 항소기구와 정치기관 간의 관계 및 사법적극주의 문제 등에 관하 여 몇가지 事例와 比較法史的 접근방식을 통하여 논한다. (shrink)

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)

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.

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)

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)

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 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)

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

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)

자국의 통상이익을 확보하려는 국가의 노력과 무역의 자유화와 확대를 위한 경제심 판관으로서 WTO의 역할은 인류복지의 극대화를 위하여 한 방향으로 나아가면서도 충 돌하고 있다. 개별국가의 성장과 복지없는 인류복지의 극대화는 껍데기에 불과하고, 자유와 비차별(non-discrimination)의 원칙에 바탕한 기회균등, 공정경쟁조건의 보장이 없는 한 국제무역은 홉즈식 "즉발적 利己主義(spontaneous disorder)"만이 횡행하게 된 다. 이를 구제하기 위하여 국가적·국제적 통상관리체제가 발전되어 왔으며, WTO가 세 계경제헌법체제로서 많은 역할을 하고 있는 것은 주지의 사실이다. 많은 WTO업적 중 최근의 버드법 문제는 그 이례성과 전략성으로 인하여 양식있는 자의 관심이 대상이 되어 왔으며, 최근 미 (...) 연방법원과 WTO분쟁해결기구는 동 법의 적립금배분조항에 관 하여 국제적·국내적으로 위헌성을 확인한 바 있다. 그러나 양대 司法機關의 결정취지는 동일한 것이 아니다. 미국 연방법원은 문제된 버드법 조항이 헌법상 보장된 표현의 자 유와 평등권을 침해하여 위헌이라는 결정을 하였고, WTO분쟁해결기구는 반덤핑협정 이나 보조금협정 등 관련협정에서 허용하고 있지 않는 내용의 무역규제조치를 하였다 는 이유로 동법의 협정위반을 선언하고 그 철폐를 권고하였다. 이에 본고는 버드법상 적립금배분제도에 관한 양대 사법기관의 결정요지를 살펴보고, 헌법국가의 이상이라는 관점에서 사법기관의 역할과 버드법에 관한 사법심사가 주는 시사점을 음미하기로 한 다. 이는 종래의 외교통상문제와 국내문제의 엄별이라는 기존관념으로부터 헌법국가이 상의 역사적 의의와 발전, 국제법과 국내법의 관계, 사법기관의 국제적 협조와 연대라 는 관점에서 보다 적극적 자세로의 인식전환과 관련을 갖는다. 사법기관은 역사적으로 시민사회의 형성ㆍ발전에 있어 기본적 가치의 수호를 통하여 국제적ㆍ국내적 차원에서 중요한 역할을 하여 왔으나,현대 국제사회에서는 외교통상 행정영역의 발전에 뒤떨어 지는경향이있고, 세계헌법주의라는 관점에서 새로운 조명이 필요하다고 본다. 결론에 서는 현재 국제사회의 현실에서 사법부를 포함하여 우리정부의 전략적ㆍ법제적 대응 방안을 간략히 적시해 보도록 한다. (shrink)

1994년 WTO의 탄생으로 세계는 국제통상에 있어 法의 支配를 실현시켜 나가 고 있다. 무역의 자유화와 확대를 통한 인류복지의 증진과 공정무역의 실현을 위 한 정의로운 競爭規則의 정립을 향하여 나아가고 있는 것이다. 통상과 관련하여 인류에게 다가오는 새로운 의제에 대한 논의(소위 New Round) 역시 WTO 및 OECD를 중심으로 한 세계 각국의 지혜가 요구된다. 그러나 국제통상질서에 관 한 인류의 업적과 향후의 동태적 발전에 있어 인권법적 시각이 부족한 것은 아쉬 운 일이다. 즉 경제적 實利추구를 위한 전략적·국제경제법적 시각과 함께 인권보 장을 위한 노력이 필요하다고 보며, 본고는 국제통상을 (...) 주도하는 다국적기업과 관련하여 인권보장의 문제를 제기한다. 다국적기업의 본질을 살피고, 국제사회에 있어 통상과 관련한 인권문제의 성격과 범주, 기존의 인권보장활동의 주요내용과 문제점, 인권보장에 있어 실효성 있는 모델을 試論的으로 살펴보고, 향후의 과제 와 관련하여 인권침해의 유형화를 시도한다. (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.

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)

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)

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)

‘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)

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)

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)

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)

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)

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)

This paper surveys, not exhaustively but rather in summary, the development of legal philosophy surrounding the constitutional and international laws as corresponding that of world politics from the first world war through the formation of WTO governance. The world has changed gradually thus far while the westerners have long forge their hegemony through the recent US one. Before the dusk of new millennium, the political scientists entertained the version of US uni-pole in terms of world politics. Its version have confront (...) new development of world politics surrounding the rise of EU, China, and Japan. In this backdrop, they frequently mention bi-polar or multi-polar consequence of world politics. The politics are normally juxtaposed to the legal regime where the constitutional and international law reflect the fare of world politics. In other words, it subjugates in some form of legal regime whether the constitutional law surfaces strongly over international dimension for some superpower. In other dimension of power balance, the international law surges to legally govern the world politics. According to Rubenfeld, the first case represents a democratic constitutionalism while the later case, in legal terms, is related with the international constitutionalism. I would propose in thesis purpose to divide three stage of world politics. The first one is surge of the German empire to pursue world hegemony at the start of two world wars. In this period, the constitution has highlighted in ways of resolutionism, incorporatism or unilateralism. The second period runs from post world war to 190's while the pacifists or cold war dominate the world politics. In this era, UN works in the least as a symbol of world politics, and the international laws mater over the domestic laws. Hans Kelsen, a German legal positivist, led the post-war world politics in legal ways as demonstrated in his foundational influence over the formation of United Nations. In this flow, I suppose that the world politics turned on the pacificist road until the rise of US hegemony. As the bipolar system collapse upon the dismantlement of Soviet Union, US rise as a unitary world hegemony. In reflection, the unilateral constitutionalism enjoys an influential passion of that nation. As EU and China started to voice as political power in the international dimension, the international law and constitutionalism flourish while we cognize WTO as one of crucial products in such point of view. Hart, a European legal positivist is again contested to prove who governs the world in terms of legal theory adapted to the WTO's intrinsic and its function. (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)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so in various (...) viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute settlement mechanics. (...) In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (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 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)

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.

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)

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".