Preservation of the environment, the sphere of the vital activity of the population, cultural heritage, promotion of the healthy lifestyle movement, the implementation of the “green†and resource saving technologies create more active demand for organic goods in the international trade. The ecological, social, economic and institutional merits of organic goods compared with traditional and genetically modified goods as well as the high pace of the growth of the international trade in organic agricultural goods enhance their (...) role in the achievement of the goals of sustainable development. The article considers the international trade in organic goods as sustainable international trade. Based on the authors’ methods of the calculation of the integrated index of development of organic market of 15 developing countries, the positions, factors, prospects and conditions of the development of national markets of organic agricultural goods were identified. It was found that the market of organic goods of the Czech Republic is the most developed and balanced due to the high payment capacity of the population, the policy of the producer’s support, existence of the relevant certification of the produce during delivery to the EU market. The markets of the countries of Europe and Middle East (Poland, Romania, Turkey, and Ukraine) are growing mainly under the influence of supply factors; the markets of Asia and America (China, Brazil and Peru) – under the influence of demand factors, including the demand in the global market. The internal markets of China and India are developed insufficiently. The prospects of the development of markets of organic goods of Mexico, Brazil, India, China, Russia and Chili are related to the stimulation of the internal production of organic goods. In Ukraine, Peru, India, Chili, Mexico and Turkey, it is appropriate to popularize consumption of organic goods. Romania, Czech Republic, Brazil, Turkey, Ukraine and Russia have to facilitate the promotion of their own organic goods to the world market. It was found that a relatively high payment capable demand in the internal market is a necessary condition, and the growth of the share of organic goods in the export structure of the countries is an obligatory condition to enhance the positions of the countries in the global market of organic goods. The condition of an increase in the role of the countries developing in the world market of organic goods and the transition of the world economy to the principles of sustainable development were substantiated. (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.

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. (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?

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)

COVID-19 knows no boundaries, but political responses to it certainly do. Much has been made about how the pandemic has revealed the Hobbesian nature of political power, but this picture of politics occludes from vision the interdependent nature of our current international order. In particular, it overlooks the fact that much of the goods, services, capital, and people that societies rely on in order to function are sourced from outside the domestic state. And, conversely, it overlooks the extent to (...) which the policy responses taken in one state have considerable effects on the options available, and the outcomes suffered, in other jurisdictions. This paper seeks to correct this oversight, by highlighting two duties that states bear towards one another in the context of this crisis, by virtue of their participation in international trade relationships. Trade grounds duties of justice between trade partners by making them dependent upon one another in order to realize their respective duties of domestic justice. This dependence, in turn, grounds a duty of stability, and a duty of accountability. Having explained and argued for these two duties, the paper discusses the implications of taking these two duties seriously in the context of states’ policy responses to the COVID-19 crisis. (shrink)

The article studies the energy efficiency of the economy and determines the need to reform the energy sector of Ukraine and conditions of its adaptation to EU requirements. Annual energy consumption in the world is about 14 billion tons of fuel. This is mainly organic origin resources – coal, oil, natural gas – 82 %, nuclear power – 7 %, hydroelectric energy – 3%, wood – 7 % renewable energy and – 1 %. The economic development of any country in (...) our time is determined not only by the number of extracted or consumed fuel and energy resources (FER), but the efficiency of their use – energy intensity of GDP, unit costs per unit of output. These figures are better in those countries which have established effective economic and legal mechanisms to encourage energy efficiency, which in turn stimulated the development of energy-saving technologies, equipment supply and services for energy efficiency. Analysis of international experience shows that Ukraine’s energy dependence can be reduced by: increasing production and consumption of domestic energy resources; increasing the efficiency of production, transportation and consumption of energy resources; diversification of energy imports and types of energy consumed. The study emphasizes that «energy is an important prerequisite for growth and development throughout the world, and despite the global financial crisis, demand for energy is growing steadily, particularly in the large economies of China, India and Brazil, developing countries. The authors provethat energy security is largely complicated by the fact that key energy resources are concentrated geopolitically. Most of the world’s oil and gas are found in several countries, some of which «are in a state of political turmoil and are not particularly friendly to US interests»(Gray F, 2010). The conclusions can be summarized that in the context of the main areas of research reducing risks to energy security of Ukraine are: energy efficiency economy (reduce unit cost of energy per unit of GDP); increase proved reserves and production of domestic energy resources; the transition from the use of expensive imported energy resources (oil, natural gas) to other fuels, especially domestic origin; opposition to fluctuations in energy prices (particularly by combating monopolization of the energy market, development of market infrastructure provisioning energy, preservation of state fuel and energy complex and the situation in the energy market); the development of the market principles of the electricity industry, promoting competition in this area. (shrink)

This article begins by distinguishing between two approaches to egalitarian trade justice – the explicative approach and the applicative approach – and notes that the former has been used to defend conclusions that are less strongly egalitarian than those defended by advocates of the latter. The article then engages with the primary explicative account of trade egalitarianism – that offered by Aaron James – and argues that its egalitarian conclusions are unduly minimalistic. The aim of the article is (...) not to criticize the explicative approach, but rather to show that the arguments and commitments of its best-known defender – James – either fail to rule out, or in fact positively support, more robustly egalitarian conclusions. (shrink)

This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. And (...) third, it examines these questions using parallel studies with UK and US respondents to test the robustness and generalisability of the relations identified. Results confirm that, across both jurisdictions, illegality under either trade or human rights regimes, and with or without the additional involvement of an international court, have a statistically significant negative effect of public support for a policy. They further identify a greater negative effect where an international court has confirmed this illegality, although this result is statistically significant in only one case. They do not identify any statistically significant difference in the support depressing effect of illegality under the trade regime compared to the human rights regime. (shrink)

International trade enables countries to expand their markets, access more products, improve resource allocation, and boost economic growth by leveraging comparative advantage and specialization. The aim of this article is to analyze the primary factors that influence Malawi’s international trade flows. The study is relevant because it examines Malawi’s trade patterns with its main partners, which include surrounding nations and traditional trade allies. The novelty is that, through the analysis, the research offers valuable insights (...) into the primary factors that influence Malawi’s international commerce. Panel data is gathered from various sources, including the International Monetary Fund (IMF) and World Bank, covering the period from 2000 to 2023 for 11 countries that are trading partners with Malawi. We employ the Bayesian Mindsponge gravity methodology. The results show that the economic size (characterized by the gross domestic product) of the origin and destination countries, bilateral agreements, and the population size of the destination country have a beneficial impact on Malawi’s exports. In conclusion, Malawi’s export performance is significantly enhanced by the economic size of both Malawi and its trading partners, the existence of bilateral agreements, and the population size of the destination countries, underscoring the importance of strategic economic partnerships and targeted trade policies in boosting Malawi’s international trade. We recommend Malawi authorities focus on strengthening bilateral agreements and targeting trade relationships with larger and more populous economies to boost international trade. (shrink)

In recent years it has often been claimed that policies such as subsidies paid to domestic producers by affluent countries and tariffs on goods produced by foreign producers in poorer countries violate important moral requirements because they do severe harm to poor people, even kill them. Such claims involve an empirical aspect—such policies are on balance very bad for the global poor—and a philosophical aspect—that the causal influence of these policies can fairly be characterized as doing severe harm and killing. (...) In this essay, we examine the philosophical aspect of this issue. We conclude that these policies do not do harm to the poor, but rather enable harm to them in various ways, and explore the moral implications of this fact. (shrink)

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)

Aim/PurposeThis paper is a review of the progress of the Vietnam socio-economic and development plan and an assessment of the extent to which Vietnam is putting in place the critical social and economic development structures that will enable it to reach the status of “developed nation” in the time set (2020) by its national strategic plan. The research will identify and review trade patterns, trade policy and the effect of foreign aid on Vietnam’s plan to transform its economy (...) and society from a developing nation status to status of developednation. The overriding question stands as “is” Vietnam effec-tively moving towards developed nation statussoon”?BackgroundThis paper examines the history of Vietnam from the command economy in its transition to a market driven economy, the criteria, hurdles and challenges as the country moves towards a developed country status. MethodologyApplied research based on the body of research in socio-economic develop-ment theory, international trade and market theory. The review is conducted by collecting and analyzing data on foreign trade, foreign aid, business and general economic growth, development and social wellbeing. Itidentifies and appraises the trade patterns,trade effects, socio-economic policies and the effect of foreign aid] on the economic growth and the progress of the coun-try towards becoming a developed nation state. (shrink)

The analysis of world exports falls has been done. The changes in the structure and dynamics of the post-crisis world trade has been identified. The analysis of methods for assessing the limitations of the world trade has been done. The main trends in transport costs and the application of non-tariff regulation of international trade instruments has been identified.

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is (...) how to improve trade integration among Arab countries through more effective rules of origin. (shrink)

This article argues that capital flight of real investment presents governments with a quadrilemma. First, governments can tailor their policies to attract investors – but this is incompatible with a whole range of alternative policy choices. Second, they can simply accept capital flight – but this is incompatible with a robust capital stock and tax base. Third, they can harmonize its taxes and regulations with other states – but this is incompatible with international independence. Fourth, they can impose capital (...) controls – but this is incompatible with international capital mobility. These incompatibilities make up four different goals, the value of which are described. Strategies may be mixed, but the pursuit of any three goals must always come at the expense of the fourth. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of (...) consultation, vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

We argue that least-developed countries (LDCs) should be treated as a distinct group from developing countries within theories of global justice generally, and theories of trade justice more specifically. While authors within the trade justice literature occasionally make passing reference to LDCs’ entitlement to special favourable treatment from other states, little is said about what form this treatment should take, and how such entitlements relate to the obligations and entitlements of both developed and developing countries. This oversight is (...) untenable in that it neglects the different character and urgency of LDCs’ needs with respect to the economic opportunities afforded to them in international markets. Moreover, by categorising trading states into binary categories of developed/developing or rich/poor, trade justice theorists have ended up obscuring and passing over unavoidable conflicts between least-developed and developing countries’ interests, the weighing of which should be central to any complete normative evaluation of the trade regime. We provide an example of such a conflict of interest and how it should be resolved by examining the structural barrier to LDC economic development presented by the current success of many developing countries in export manufacturing. We argue in favour of a trade policy intervention that would dismantle this structural barrier (by inducing export firms to move to LDCs), even though this means diverting valuable economic opportunities from developing countries. (shrink)

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the (...) IIPR lives up to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges. -/- . (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)

Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full (...) implementation of GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

The purpose of the paper is to examine free trade in Islamic law.

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of these duties (...) constrains locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

The creation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973 has significantly altered the dynamics of trade in fauna and flora. Despite this effort, curbing of criminal trade in endangered species of wild fauna and flora has remained a key challenge for some countries. The objective of this study was to identify and establish the trafficking routes of illegal wildlife and forest products, analyzing the patterns and trends (...) of wildlife and forest crime including their drivers, actors and modus operandi, and assessing the criminal justice response including the legislative, enforcement, prosecutorial and judicial systems. The analysis was based on the methodologies and principles embedded in African environmental ethics. It was concluded that African ethics allows for ‘sustainable poaching’ under the framework of Eco-Afrocentricism; but condemns poaching done for trafficking purposes. Five canons of sustainability were developed to guide ‘sustainable poaching’. African capitalism thesis was used to support the analysis from political and economic perspectives. (shrink)

Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and (...) exit of goods and to pay then refund the price. Moreover, the goods are exposed again to damage and perishing risks. Furthermore, the international sale contract is inherently associated with other international contracts such as goods transport contract, insurance contract and documentary credit through which the price is paid. If the sale contract is terminated, its effect will apply to all other associated contracts, if not performed, which produces many issues and hardships. (shrink)

There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow from the (...) fact that a state is oppressive or aggressive that it will never be a victim of wrongful aggression itself, and while an outlaw state’s primary aim in repelling such aggression will often be the preservation of its own power, its defensive manoeuvres will sometimes also serve its citizens’ interests. In short, supplying weapons to outlaw states may sometimes contribute to the protection of innocents. (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 credit crises experienced in the US in year 2008 is labeled as perhaps the most significant crises since the great depression. The roots of the crises were found in the default of the sub-prime mortgages and the failure occurred in both the US and the UK. Due to the integrated nature of international financial systems the spillover impacted many countries as the economies in Asia and Europe were purchasers of the sub-prime mortgages that originated in both UK and (...) US. The impact of the credit crises in Canada is of unique importance due to the close proximity to US, and both the US and Canada being of great strategic importance to each other as well as one of the largest trading partners.Even though the international financial credit crises adversely impacted many countries, the evidence that has come across recent years point towards the conclusion that Canada was able to weather the crises much better than many other countries. (shrink)

This essay asks what it is about the practice of trade that grounds duties of justice between states as trade partners. The answer advanced is that such duties are grounded in the dependence that trade generates. The essay puts forward four conditions that a plausible account of grounding in trade must meet: it must admit of degrees, explain the distinctly international character of trade justice, ground both procedural and distributive duties, and it must be (...) a necessary feature of all trade relationships which generate duties of justice. A dependence account of grounding meets all four conditions, and does so in an intuitively compelling way. While other accounts of what grounds duties of trade justice can meet some of the conditions, none can meet all of them. Relative to rival candidates, then, the dependence account provides a firmer foundation for the ongoing attempts to develop a comprehensive theory of trade justice. (shrink)

The paper presents the findings of ethnographic research and a survey of a Local Exchange Trading Scheme in North-East London and asks the question of whether the scheme delivers on the aims and objectives of its members. The research found that whilst its members express a strong politically motivated desire for an alternative to the prevailing economic system, the LETS scheme falls short of delivering on those ambitions. The findings raise the question of whether there is anything intrinsic to this (...) form of local community currency that leads it to be more inclusive, egalitarian and fair. (shrink)

The Ukraine conflict has profoundly affected global trade and international relations, particularly for Germany, a major player in Europe and the European Union. This study utilizes a Gravity Model analysis to explore Germany’s trade network and assess the impact of the conflict on its trade partnerships.

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless (...) of whether the President of the United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

This study analyzes the relationship between foreign trade and economic growth in Myanmar over the period 1990-2014. It covers the annual data of GDP, Export and Import of Myanmar from 1980 to 2014. This study adopts two major methodological approaches – exploratory data analysis and descriptive analysis. For the first approach, Augmented Dickey-Fuller (ADF) unit root test and Granger causality test are used under the framework of Vector Autoregressive (VAR) model, which have almost never been studied for the Myanmar (...) case. The second approach includes the analysis of Myanmar’s foreign trade trend with descriptive statistics. The results show that foreign trade did not generate a significant effect on the economic growth of Myanmar. Rather, import growth was negatively influenced by the economic growth of Myanmar. It is found out that exports had been determined by the GDP growth. Thus, growth-driven export strategy had been applied for the period of 1990-2014. Also, there was only one causal run from export growth to import growth. The results conclude that foreign trade did not have significant impact on the economic growth of Myanmar over the period of 1990–2014. (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 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)

Sanctions such as those applied by the United Nations against Yugoslavia, or rather the actions of implementing and maintaining them, at the very least implicitly purport to have moral justification. While the rhetoric used to justify sanctions is clearly moralistic, even sanctions themselves, as worded, often include phrases indicating moral implication. On May 30, 1992, United Nation Security Council Resolution 757 imposed a universal, binding blockage on all trade and all scientific, cultural and sports exchanges with Serbia and Montenegro. (...) In addition to expressing the usual "concern' and "dismay" regarding various events, the language of this Resolution also includes, on three occasions, unmistakably moral language "deploring" failures in meeting the demands of earlier resolutions.' There is no question that sanctions have political, economic, military and trategic consequences for the sanctioned state, perhaps exactly as desired by the sanctioning party. However, the question raised in this essay is whether in addition to these consequences, sanctions also produce morally reprehensible consequences that undermine their often-cited moral justification. If so, international economic sanctions are an immoral means of achieving primarily political goals. Six morally significant consequences are: 1) The unethical, elevated susceptibility of the sanctioned to olitical (and other forms of) manipulation, 2) the inherent and unjust paternalism in the process of sanctioning, 3) the abandonment of strict moral criteria on virtually all levels of evaluation, primarily inside the sanctioned country, but also in sanctioning states best exhibited in the attitudes toward the sanctioned, 4) the general decline in moral consciousness, 5) the subsequent rise of many forms of violence within the sanctioned state in connection with the increase in lawlessness, and a general decline of expectations in all areas of life, and 6) the continual, arbitrary redefining of conditions for a final lifting of sanctions. In light of this moral phenomenology we shall argue that sanctions, lacking in moral justification, are simply a means for achieving the mentioned immoral goals. Furthermore, the argument will be that sanctions are a form of siege and, as such, an act of war, requiring the sort of justification that would be needed to justify a war. (shrink)

The importance of addressing the existential threat to humanity, climate change, has grown remarkedly in recent years while conflicting views and interests in societies exist. Therefore, climate change agendas have been weaponized to varying degrees, ranging from the international level between countries to the domestic level among political parties. In such contexts, climate change agendas are predominantly driven by political or economic ambitions, sometimes unconnected to concerns for environmental sustainability. Consequently, it can result in an environment that fosters antagonism (...) and disputes over power and position and increases the risk of prolonged confrontations, hindering the collective global efforts to mitigate and adapt to climate change. Through the current discourse, we aim to provide a preliminary definition of the weaponization of climate change and environmental degradation and examine its risks and consequences on international relations, political dynamics, public perception, and the comprehensive integrity of climate action. We also recommend embracing a globally coordinated, scientifically substantiated approach to circumvent climate change by building an eco-surplus cultural value system. (shrink)

The purpose of this study is to describe the models and specifics of export-import transactions in the service sector in Ukraine. For this, the essence of the service as an object of export-import operations is characterized, the process of conducting export operations is described, an algorithm for the implementation of export-import operations of services is developed and provided to indicate their features and simplify the implementation procedures for the business of Ukraine. Within the framework of the article, an attempt was (...) made to visualize the models of export and import of services recognized by the World Trade Organization within the framework of the General Agreement on Trade in Services, and an algorithm of export-import of services was developed, taking into account the main operations to facilitate the trade process of the national business of Ukraine. Thanks to the author's developments, the process of export-import of services for the domestic manufacturer will become more understandable and transparent, which will provide the opportunity to enter and consolidate international markets, and in the future also increase trade turnover, which, among other things, will contribute to the growth of the country's national economy. The value of the study lies in the author's attempt in one study to outline models of export-import of services, presenting them visually, with a developed algorithm for sellers to simplify the procedure for their registration, taking into account the legal norms of a certain place of their provision. understanding the main models, directly the process of providing and processing operations on export-import services will make it easier for suppliers to work with this product category in world trade. Further research may be aimed at examining the specifics of import-export operations depending on the types of services provided by domestic manufacturers in different countries of the world. -/- Анотація. Метою даного дослідження є опис моделей та специфіки здійснення експортно-імпортних операцій у сфері послуг в Україні. Для цього охарактеризована сутність послуги як об'єкта експортно-імпортних операцій, описано моделі проведення експортно-імпортних операцій, розроблено та наведено алгоритм здійснення експортно-імпортних операцій послуг для зазначення їх особливостей й спрощення процедур здійснення для бізнесу України. У статті зроблено спробу наглядного зображення моделей експорту та імпорту послуг, визнаних Світовою організацію торгівлі у рамках Генеральної угоди з торгівлі послугами, та розроблено алгоритм експорту-імпорту послуг з урахуванням основних операції для полегшення процесу торгівлі національного бізнесу України. Завдяки розробкам автора процес експорту-імпорту послуг для вітчизняного виробника стане більш зрозумілим та прозорим, що надасть можливість виходу на міжнародні ринки та закріплення на них, а в подальшому ще й нарощувати обороти торгівлі, що, у тому числі, буде сприяти росту національної економіки країни. Цінність дослідження полягає у спробі автора в одному дослідженні викласти моделі експорту-імпорту послуг, представивши їх наочно, з розробленим алгоритмом для продавців для спрощення процедури їх оформлення з урахуванням норм законодавства певного місця їх надання. розуміння основних моделей, безпосередньо процесу надання та оформлення операцій з експорту-імпорту послуг полегшить постачальникам роботу з цією категорією продукту у світової торгівлі. Подальші дослідження можуть бути націлені на розгляд особливостей експортно- імпортних операцій в залежності від видів послуг, які надають вітчизняні виробники у різних країнах світу. (shrink)

Abstract : This research work examined how major macro economic variables in Nigeria such as Gross Domestic Product (GDP), Gross Fixed Capital Formation (GFCF) and National Savings (NS) reacted to International Monetary Fund (IMF) conditionality from 1986 to 2016. Many policy makers and researchers have questioned the benefits of IMF credit facilities to developing nations. This work therefore seeks to evaluate the impact of IMF conditionality like Reduction in Government Expenditure (TGE), Devaluation of Local Currencies (RER), and Trade (...) openness (TO) on the Identified Macro Economic Variable in Nigeria. The data for the analysis were sourced from the data bank of World Bank. Granger causality test and ordinary Least Square (OLS) method were used to test the formulated hypotheses. The result revealed that IMF conditionality has significant effect on GDP, GFCF and NS of Nigeria. Devaluation of local currency is the greatest IMF conditionality that exerts great negative influence on economic growth of Nigeria. The work recommends among others that: instead of currency devaluation, protectionist policies via guided liberalization should be promoted combined with the use of fiscal policy in order to encourage local production and usage of locally produced goods. TGE that showed significant positive effect on GDP, GFCF and NS is an indication that government can positively influence the economic positions of Nigeria with the use of fiscal policy. (shrink)

This research investigates the primary constraint causing the low competitiveness of Indonesian footwear exports compared to Vietnam with new information from a number of the latest studies. This study uses Reveal Comparative Advantage (RCA) and the Trade Specialization Index (TSI). Differences in culture, economic structure, and firm rivalry all contribute to Indonesia’s power competitiveness. This research adds a competitive advantage to study the factors that hamper the low competitiveness of Indonesian footwear against Vietnam. The results show that Indonesia’s comparative (...) advantage is more moderate than Vietnam, with an average RCA of 4, while Vietnam is 9. The average value of TSI is Indonesia close to 1 and Vietnam 1. The primary constraints are workers’ wages higher than Vietnam, and business services such as R & D have not utilized. The development of the footwear industry policy must identify from upstream to downstream. The affirmative system made must be used to overcome short-medium term problems. (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)

Purpose: To develop proposals on the directions of institutional support for the processes of creativity of the Ukrainian economy. Design/methodology/approach: The analysis of trends in the creativity of the Ukrainian economy is carried out and proposals are developed for conceptualizing institutional support for these processes. The authors set out to develop proposals for institutional support for creativity processes and offer recommendations for systematic updating of Ukrainian legislation in the areas of state regulation of high-tech business. The information base was the (...) information materials of the State Statistics Service of Ukraine, Ministry of Economic Development and Trade of Ukraine, the statistical databases of the European Commission, OECD and World Bank for the period 2014–2020. The research methodology is based on scientific tools that include comparative analysis and economic and mathematical modeling. Findings: Building a national program of public investment in creative development will allow us to systematically approach the issue of institutional support for technological breakthroughs. Research limitations/implications: Recommendations on the development and improvement of legislative instruments of deregulatory policy, harmonization with European standards are substantiated. Directions of systematic updating of legislation on guaranteeing foreign investment of creative projects and targeted investment of joint research projects of academic science and creative organizations are proposed. The implementation will allow a systematic approach to the issue of institutional support for the technological breakthrough of Ukraine. Originality/value: There is a need to step up institutional activities in the field of organizing research centers, introduce targeted investment in the academic science and research activity of creative organizations. (shrink)

With the process of Vietnam's reform and opening up, Vietnam's economy has made remarkable achievements. Vietnam's manufacturing industry, taking advantage of the new liberal policies, has also achieved rapid development. Sufficient and cheap labor force, advantageous geographical location, preferential foreign investment policies, and friendly international trade environment with the technological upgrading of manufacturing industry are all the advantages of Vietnam in attracting manufacturing industry. However, there are structural difficulties in the Vietnam's economy. Vietnam's economy is highly dependent on (...) foreign trade and foreign investment, and its trade commodities are mainly assembly and processing with low added value. Compared with China, Vietnam also has obvious disadvantages in the scale of domestic market and supply chain. To some extent, Vietnam's manufacturing industry is integrated into China's supply chain network. (shrink)

Although 43 countries have a monarch as their head of state, the question of whether monarchies can be morally justified has been neglected by contemporary philosophers. In this article, I argue that it is doubtful whether any existing monarchies can be morally justified. As I show, they all suffer from one or more of the following defects: they flout democratic principles; they are non-meritocratic; and/or they fail to provide at least some royals with an adequate range of lifestyle options. However, (...) I go on to identify a novel type of elective monarchy that escapes these problems, and which, I submit, can be vindicated as long as it serves legitimate public objectives (e.g. by promoting social cohesion among citizens and/or by fostering international trade). (shrink)

methods that have shown promise for improving extreme risk analysis, particularly for assessing the risks of invasive pests and pathogens associated with international trade. We describe the legally inspired regulatory regime for banks, where these methods have been brought to bear on extreme ‘operational risks’. We argue that an ‘advocacy model’ similar to that used in the Basel II compliance regime for bank operational risks and to a lesser extent in biosecurity import risk analyses is ideal for permitting (...) the diversity of relevant evidence about invasive species to be presented and soundly evaluated. We recommend that the process be enhanced in ways that enable invasion ecology to make more explicit use of the methods found successful.. (shrink)

In the case of introduction of visa-free regime between Ukraine and the European Union (EU) there will arise a problem of matching throughput capacity of the Ukrainian checkpoints to the quantity of people who would want to cross the border. The absence of need for obtaining a visa does not eliminate compulsory customs and border control, but it potentially increases the number of people who intend to cross the border. A growing number of border crossings in case of their mismatch (...) with the criteria for checkpoints are a potential non-tariff restricting barrier in international trade. A threat to the image of the country from the occurrence of such a tool of non-tariff regulation indicates relevance of present study. -/- The aim of the work was to study the dynamics of actual and potentially possible border crossings and to define directions for the optimization of procedures of such a crossing to eliminate negative impact of this non-tariff instrument of regulating international trade on the overall image of the country. -/- We analyzed the peculiarities of crossing the border between Ukraine and the EU through automobile crossing points based on quantitative data regarding crossing the Ukrainian–Polish border. The goals and structure of movement across the border by frequency are clarified. We defined criteria for increase in the discrepancy between actual and nominal throughput capacities of the Ukrainian checkpoints. -/- The scientific novelty of present research is establishing the nature of quantitative effect from restricting the crossing of border on the image of the country with the help of world rankings. -/- A practical significance of the study is to identify ways to improve a procedure for crossing the border: 1) by combining Polish and Ukrainian infrastructure of control at checkpoints; 2) by creating separate lined for crossing the border by persons without transportation vehicles; 3) by simplifying a procedure of control at the border both by checking only by border staff and by increasing the value of goods that a citizen can bring into country; 4) by financing technical equipment for crossing points and their infrastructure by introducing a targeted general tax for persons who cross the border; 5) by compiling open and regular statistics of border crossing. -/- A promising direction for further research is the economic substantiation of appropriateness of the proposed ways to improve the throughput capacities of checkpoints. (shrink)