Non Market Economies In The Global Trading System

Author : James J. Nedumpara,Weihuan Zhou
Publisher : Springer
Page : 324 pages
File Size : 47,5 Mb
Release : 2018-09-20
Category : Law
ISBN : 9789811313318

Get Book

Non-market Economies in the Global Trading System by James J. Nedumpara,Weihuan Zhou Pdf

This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.

Author : Bin Zhang
Publisher : Springer
Page : 335 pages
File Size : 41,5 Mb
Release : 2018-06-18
Category : Business & Economics
ISBN : 9789811306532

Get Book

The Evolution of the Non-market Economy Treatment in the Multilateral Trading System by Bin Zhang Pdf

This book tries to integrate the different arrangements devised in the MTS for small and large NMEs into one analytical framework and explores two sets of rules (GATT/WTO-minus and GATT/WTO-plus) along three historical stages (shaping, weakening and strengthening). The focal point of this book is to uncover the composition and structure of the NME treatment in the MTS, its evolving logic and process, and the nature and trend of the political-economic relations between NMEs and the MTS.

Author : David Wall
Publisher : Chatham House (Formerly Riia)
Page : 108 pages
File Size : 54,5 Mb
Release : 1998
Category : Capitalism
ISBN : STANFORD:36105023111391

Get Book

China's Market Economy by David Wall Pdf

Among the contentious issues relating to China's application for membership of the World Trade Organization is its designation as a non-market economy. This report assesses various aspects of this issue.

Author : Shao Long
Publisher : Springer Nature
Page : 244 pages
File Size : 51,9 Mb
Release : 2024-01-03
Category : Law
ISBN : 9789819982929

Get Book

Rationality and Legality of Non-market Economy Treatment in Antidumping Law by Shao Long Pdf

This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade. Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.

Author : Bernard Hoekman,Michel Kostecki
Publisher : OUP Oxford
Page : 580 pages
File Size : 54,8 Mb
Release : 2001-07-19
Category : Business & Economics
ISBN : 9780191522253

Get Book

The Political Economy of the World Trading System : WTO and Beyond by Bernard Hoekman,Michel Kostecki Pdf

The creation of the World Trade Organization (WTO) in 1995 ushered in a new era in world trading arrangements. Building on the General Agreement on Trades and Tariffs (GATT), the intergovernmental treaty that for 50 years had regulated international trade relations, the WTO is a global organization of equal standing to the International Monetary Fund and the World Bank, and will set the agenda for international trade for decades to come. The authors of this volume were heavily involved in the Uruguay Round of GATT negotiations that laid the foundations for the creation of the WTO, and were ideally placed to see how the politics of negotiation affects the economics of trade. The Political Economy of the World Trading System is the first comprehensive and accessible introduction to the institutional mechanics, economics, and politics of the global trading networks. It goes beyond description of the rules of the WTO to analyse the political and economic forces that sculpted them, the incentives for countries to abide by them, and the likely future direction of the organization. The authors show how governments are not necessarily the social welfare-maximizing entities often found in textbooks, but instead develop policy subject to the pressures of a variety of interest groups. Although economic theory suggests that countries should pursue liberal trade policies and exchange goods and services on the basis of their comparative advantage, in practice most nations actively intervene in international trade. The political economy approach taken in this volume explains how the WTO functions, why GATT has been very successful in reducing tariffs, and why it has proven much more difficult to expand the reach of multilateral disciplines to domestic policies impacting on trade. This book will increase the reader's understanding of international economics, business, and international relations by supplying in-depth insider knowledge of how trade negotiations take place, how this decision-making affects trade policy, and how the multilateral arrangements that shape world trade are created. This information is crucial to understand why WTO rules are phrased as they are, and to understand the processes by which business organizations, industrial associations, and political lobbies influence the multilateral trading system. In this expanded and thoroughly revised edition, the authors have taken account of the recent developments in international trade relations, included an extra chapter on the historical importance of international trading arrangements, and updated all the references and guides to further reading.

Author : Bernard M. Hoekman,M. M. Kostecki
Publisher : Unknown
Page : 766 pages
File Size : 42,7 Mb
Release : 2009
Category : Business & Economics
ISBN : 9780199553778

Get Book

The Political Economy of the World Trading System by Bernard M. Hoekman,M. M. Kostecki Pdf

The Political Economy of the World Trading System is a comprehensive textbook account of the economics, institutional mechanics and politics of the world trading system. This third edition has been expanded and updated to cover developments in the World Trade Organisation (WTO) since its formation, including the Doha Round, presenting the essentials of trade negotiations and the WTO's rules and disciplines. The authors focus in particular on the WTO's role as the primary organisation through which trading nations manage their commercial interactions and the focal point for cooperation on policy responses to the rapidly changing global trading environment. It is the forum in which many features of the globalisation process are considered, and it currently faces an unprecedented set of challenges. The increasing importance of countries in Asia, Latin America and Africa in international trade relations, the revealed preference towards regionalism, intensification of trade conflicts, the role of business groups and NGOs in trade policy formation and negotiations, and pressures for more leadership in an institution threatened by paralysis are examples of issues that are discussed in some detail; all are critical for the operation of the system and for international business in the coming decade. This edition also includes numerous real-world examples to illustrate how the WTO impinges on business, workers and households, written from the perspective of managers and business associations. An insider's view of the institutional history of the WTO allows the authors to use a variety of conceptual tools to analyse the working of the WTO in a non-technical manner. Suggestions for Further Reading at the end of each chapter and an extensive bibliography make the volume suitable both for introductory and postgraduate courses on international economics and business, international relations, and international economic law.

Author : Constantine Michalopoulos
Publisher : World Bank Publications
Page : 48 pages
File Size : 54,8 Mb
Release : 1999
Category : Europe, Central
ISBN : UCSD:31822026192690

Get Book

The Integration of Transition Economies Into the World Trading System by Constantine Michalopoulos Pdf

Transition economies are at different stages of integration into the world trading system. Most remaining reforms and adjustments must be initiated by the countries themselves. But the United States and the European Union can help by reviewing their policies toward "nonmarket" economies.

Author : Jan Hoogmartens
Publisher : Kluwer Law International B.V.
Page : 244 pages
File Size : 50,7 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123015

Get Book

EC Trade Law Following China's Accession to the WTO by Jan Hoogmartens Pdf

The World Trade Organisation cannot be deemed truly international without the full participation of China, a massive market with an increasing number of highly sophisticated sectors. Yet'although China did accede to the WTO in 2001, after fifteen years of negotiations'WTO members persist in classifying China as a non-market economy, with all the trade restrictions such labelling entails. The EC in particular continues to curtail the flow of Chinese-European trade, despite some recent liberalisation in EC import and antidumping regulations. In this important book Dr. Hoogmartens clearly points the way to an equitable resolution of the complex problems raised by the friction between China's planned economy and EC trade policy instruments. The 'economic interface' he constructs takes account of such crucial elements as the following: China's 'unfinished' legal and economic reforms;the danger that the EC may develop an abusive protectionist stance;the challenge to the EC of increased Chinese competition;the persistence of Chinese state-owned enterprises;the absence of a satisfactory methodology to deal with the Chinese variant of a non-market economy;the possible adjustment of EC antidumping regulations vis-à-vis China;emergency safeguards;the role of the rule of law in trade regulation; andthe 'translatability' of Western social and political institutions. Addressing as it does a highly salient present and future aspect of the global economy, EC Trade Law Following China's WTO Accession will be of enormous value to policymakers in international economic law at all national and supranational levels. The author's reasoned and cautious analysis builds a sound platform for the ongoing development of peaceful and mutually beneficial commercial relations between Europe and China.

Author : Peter A. Hall,David W. Soskice
Publisher : Oxford University Press
Page : 557 pages
File Size : 45,9 Mb
Release : 2001
Category : Business & Economics
ISBN : 9780199247745

Get Book

Varieties of Capitalism by Peter A. Hall,David W. Soskice Pdf

Applying the new economics of organisation and relational theories of the firm to the problem of understanding cross-national variation in the political economy, this volume elaborates a new understanding of the institutional differences that characterise the 'varieties of capitalism' worldwide.

Author : Petros C. Mavroidis,Andre Sapir
Publisher : Princeton University Press
Page : 262 pages
File Size : 44,8 Mb
Release : 2021-01-05
Category : Business & Economics
ISBN : 9780691206592

Get Book

China and the WTO by Petros C. Mavroidis,Andre Sapir Pdf

"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 164 pages
File Size : 40,6 Mb
Release : 2010
Category : Political Science
ISBN : UCBK:C107411463

Get Book

Most-favoured-nation Treatment by United Nations Conference on Trade and Development Pdf

The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

Author : Bing Xiao
Publisher : Springer Nature
Page : 382 pages
File Size : 45,8 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 9789819701858

Get Book

The Practice of WTO Dispute Settlement by Bing Xiao Pdf

Author : Leïla Choukroune,James J. Nedumpara
Publisher : Cambridge University Press
Page : 847 pages
File Size : 47,8 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781108423885

Get Book

International Economic Law by Leïla Choukroune,James J. Nedumpara Pdf

An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.

Author : Henry Gao,Weihuan Zhou
Publisher : Cambridge University Press
Page : 225 pages
File Size : 43,8 Mb
Release : 2022-11-30
Category : Business & Economics
ISBN : 9781108830065

Get Book

Between Market Economy and State Capitalism by Henry Gao,Weihuan Zhou Pdf

The WTO provides tools to address China's state capitalism and should be the preferred forum for negotiations on SOE's and industrial subsidies.

Author : Petros C. Mavroidis
Publisher : Oxford University Press
Page : 128 pages
File Size : 52,7 Mb
Release : 2012-07-19
Category : Law
ISBN : 9780191636592

Get Book

Trade in Goods by Petros C. Mavroidis Pdf

This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.