Rules Of Origin In The Wto And In Other Free Trade Agreements An Overwiew
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Rules of Origin in the WTO and in Other Free Trade Agreements - An Overwiew by Jord Hollenberg Pdf
Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-; 16 Punkte, Suffolk University Law School (International Law), course: International Trade Regulations, 18 entries in the bibliography, language: English, abstract: One of the main objectives of rules of origin should be uniformity and simplicity in their administration. Although this is not always true, developing and developed countries have undertaken the task towards simplification, harmonization and liberalization of rules of origin. This harmonization work has been carried out under the auspices of the Committee on Rules of Origin (CRO) of the World Trade Organization (WTO) and the Technical Committee on Rules of Origin (TCRO) of the Brussels-based World Customs Cooperation Council, which has been responsible for the technical part of the work, including discussions on the rules of origin options for each product. After all, an Agreement on Rules of Origin (ARO) was established in the WTO. This 'first-ever' agreement is designed to harmonize and to clarify non-preferential rules of origin for goods in trade on the basis of the substantial transformation test. The WTO wants to ensure that their rules are transparent and do not distort or disrupt on international trade, that they are administered in a consistent, uniform, impartial and reasonable manner, and that they are based on a positive standard. That means the ARO in WTO wants to state what does confer origin rather than what does not. This work wants to give an overview about - 'Non-preferential Rules of Origin', especially the dispute concerning the New American Rules of Origin for Textile Products among the European Communities and the United States (WT/DS85;WT/DS151) - 'Preferential Rules of Origin' - 'Rules of Origin as a Trade Barrier' - 'Rules of Origin as a Factor of Production'
Rules of Origin in International Trade by Stefano Inama Pdf
This book provides comprehensive, in-depth analysis of the different sets of rules of origin adopted by major trading partners and worldwide, as well as efforts to establish multilateral rules at WTO and WCO. It discusses the status of non-preferential as well as preferential rules of origin in international trade, their evolution during the last decades and their tendencies and future. With its multidisciplinary approach, this book's contents provide comparative analysis of the relevant legal and economic features of different rules origin compilation sets, reviewing their drafting differences and their implications and impact on the economic and industrial environments. This edition has been updated and expanded to include the latest developments on rules of origin at multilateral level in WTO and WCO and on rules of origin in recent FTAs. Drawing from his thirty years of experience, Stefano Inama provides insights from trade negotiations along with practical tools for policy makers and practitioners, orientation for the private sector and analytical tools for researchers.
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 : Michael G. Plummer,David Cheong,Shintaro Hamanaka Publisher : Asian Development Bank Page : 194 pages File Size : 47,8 Mb Release : 2011-02-01 Category : Political Science ISBN : 9789290921974
Methodology for Impact Assessment of Free Trade Agreements by Michael G. Plummer,David Cheong,Shintaro Hamanaka Pdf
This publication displays the menu for choice of available methods to evaluate the impact of Free Trade Agreements (FTAs). It caters mainly to policy makers from developing countries and aims to equip them with some economic knowledge and techniques that will enable them to conduct their own economic evaluation studies on existing or future FTAs, or to critically re-examine the results of impact assessment studies conducted by others, at the very least.
Author : Anne van de Heetkamp,Ruud Tusveld Publisher : Springer Science & Business Media Page : 245 pages File Size : 47,8 Mb Release : 2011-07-10 Category : Business & Economics ISBN : 9783642198083
Origin Management by Anne van de Heetkamp,Ruud Tusveld Pdf
Origin Management describes a holistic approach that allows internationally operating companies to benefit from reduced import duty rates within Free Trade Agreements (FTAs). Through the creation of a single, auditable, and global platform, companies are enabled to successfully claim preferential origin and sustain, review and audit preferential treatment claims. Seeking to provide a comprehensive treatment of origin management for a professional audience, this book outlines the underlying theoretical concepts and legislative frameworks, and presents practical implications and guidelines for a successful origin management program as part of a strategic sourcing initiative. The authors advocate an approach that involves sharing and distributing information and resources throughout the company and the supply chain, resulting in competitive advantages, synergies, and a central information point for all origin associated issues.
Preferential Trade Agreement Policies for Development by Jean-Pierre Chauffour,Jean-Christophe Maur Pdf
The Handbook offers an introduction to the key elements of Preferential Trade Agreements (PTAs), addressing the practical economic and legal aspects of the regulatory policies in PTAs.
Asian Free Trade Agreements and WTO Compatibility by Shintaro Hamanaka Pdf
It is an appropriate time to rethink the relationship between trade regionalism and multilateralism in the Asian context as we witness the proliferation of free trade agreements (FTAs) in Asia. In the 1980s and 1990s, many scholars and policymakers believed that Asian integration was market-based, rather than legal-based, and that Asian integration would never be codified through agreements. Yet today, there are a large number of FTAs signed and under negotiation in Asia. This book investigates the appropriate relationship between regionalism and multilateralism, with a special reference to recent FTAs in Asia. It is undeniable that past trade multilateralism–regionalism debates centered on the trade-in-goods aspect. However, the majority of recent FTAs in Asia cover issues beyond trade-in-goods and tariff liberalization, such as trade facilitation, services, and economic cooperation. While the General Agreement on Tariffs and Trade (GATT) Article XXIV governs regional integration initiatives in trade in goods, there is no (or at most a thin) World Trade Organization (WTO) Agreement that stipulates the relationship between regionalism and multilateralism in issue areas other than goods. Thus, this study carefully considers the meaning of “WTO-compatible FTAs” by distinguishing “WTO consistency” and “WTO friendliness”, going beyond GATT Article XXIV debates and proposes a general framework for examining the openness of regionalism in various issue areas by identifying tree-type questions to distinguish several types of exclusiveness. It then specifically asks the following questions: Can Asian FTAs that cover several issues be considered multilateralism friendly? How does the relationship between regionalism and multilateralism differ between trade-in-goods and non-goods issue areas? What are policies that might reduce the exclusiveness of regional initiatives? The study concludes by listing counterintuitive policy suggestions to make FTAs truly WTO compatible. The book also includes a comprehensive list of FTAs in Asia and several WTO Agreements relating to trade regionalism. Contents:Introduction: Conceptualizing the WTO Compatibility of FTAsAnalytical Framework for WTO Friendliness of FTAs: How to Check If They are Real “Friends” of WTO?Free Trade Agreements in Goods: Is Trade Bilateralism in Asia Consistent with WTO Rules and Norms?Regional Approaches to Trade Facilitation: Are Regional Trade Facilitation Measures Discriminatory Against Non-Members?Regional Services Agreements: What is the Value of GATS-Plus Regional Services Commitments?Economic Cooperation Under FTAs: Do FTAs Impose WTO-Plus Technical Assistance Obligations on Members?Conclusion: Counter-Intuitive Policy Implications for WTO-Compatible FTAs Readership: Researchers, professionals, undergraduate and graduate students interested in Free Trade Agreements, World Trade Organization, Regionalism, Trade in Services and Trade Facilitation. Keywords:Free Trade Agreement (FTA);World Trade Organization (WTO);Regionalism;Trade in Services;Trade FacilitationKey Features:Chapters first present the methodology relevant to analyze FTA's WTO compatibility in a particular area and then present case studies of Asian FTAs to examine their WTO compatibility, which is followed by the policy discussions on how to make FTAs more WTO-friendlyThe book is interdisciplinary covering economics, political science and international economic lawAuthored by ADB Economist specializing in FTA issues, the book provides readers with theoretically sound and empirically rich discussion on FTAs. The author knows both theory and practice of FTAs and WTO (served as negotiator at the Japanese Mission to the WTO; involved in the regional economic integration issues at the Office of Regional Economic Integration at ADB)Reviews: “Shintaro Hamanaka has written an interesting and important book on Asian Free Trade Agreements and WTO Compatibility. The first major contribution is to distinguish between the narrowly legal concept of WTO-consistency and the broader concept of WTO-friendliness. That distinction underpins the book's analysis, in which Hamanaka identifies examples of agreements that are WTO-consistent but not in the spirit of the WTO or likely to promote future multilateralism; as he points out, non-violation of rules is not the same as harmony. The book's second major contribution is in-depth analysis of 21st. Century trade agreements in Asia, covered in four substantive chapters on trade in goods, trade facilitation, services agreements, and economic cooperation. The author's detailed knowledge of more than a hundred agreements is used to support analysis in which the big picture is kept impressively in focus.” Prof. Richard Pomfret University of Adelaide
Rules of Origin and the Web of East Asian Free Trade Agreements by Miriam Manchin,Annette O. Pelkmans-Balaoing Pdf
The authors provide an overview of the preferential rules of origin in East Asia, highlighting the aspects that might possibly generate some trade-chilling effects. They review characteristics of existing preferential trade agreements with special emphasis on lessons from the European experience, and analyze some important features of the existing rules of origin in East and South-East Asian regional integration agreements. The empirical analysis of the effectiveness of preferentialism on intra-regional trade flows focuses on the ASEAN Free Trade Area (AFTA), with the aim of providing a rough estimate of the costs of requesting preferences. The results suggest that preferential tariffs favorably affect intra-regional imports only at very high margins (around 25 percentage points). This points to the likelihood of high administrative costs attached to the exploitation of preferences, particularly with regard to the compliance with AFTA's rules of origin.
Rules of Origin in International Trade by Stefano Inama Pdf
This book provides comprehensive, in depth analysis of the different sets of rules of origin adopted by major trading partners, namely EU, US, China and Japan and all trading regions - Asia, Africa and Latin America. It discusses the current status of non-preferential as well as preferential rules of origin in international trade, their evolution over last decades and tendencies for the future. With its multidisciplinary approach, the book's contents provide legal and economic comparative analysis of different sets of rules origin, reviewing their drafting differences and their implications and impact on industrial and investment environments. Drawing from the thirty years' experience of the Author, the book provides insights from trade negotiations along with practical tools for policy makers and practitioners, orientation for the private sector and analytical tools for researchers. A new methodology to draft product specific rules of origin based on an input-output table elaborated by the Author is a distinctive feature of this new edition as well as a new chapter dealing with administrative aspects of rules of origin.
The Origin of Goods by Olivier Cadot,Antoni Estevadeordal,Akiko Suwa-Eisenmann,Thierry Verdier Pdf
The dark side of preferential trade agreements, Rules of Origin (RoO) are used to determine the eligibility of goods to preferential treatment. Ostensibly meant to prevent the trans-shipment of imported products across Free Trade Agreement borders after superficial screwdriver assembly, they act in reality as complex and opaque trade barriers. This book provides evidence strongly suggesting that they do so by intent rather than accidentally—-in other words, that RoOs are policy. Part one draws insights about the effects of RoOs on cross-border trade and outsourcing from recent economic theory. Part two reviews the evidence on RoOs in preferential agreements around the world, putting together the most comprehensive dataset on RoOs to date. Part three explores their "political economy"—-how special interests have shaped them and continue to do so. Part four provides econometric evidence on their costs for exporters and consequent effects on trade flows. Finally, part five explores how they affect trade in the developing world where they spread rapidly and have the potential to do most harm. Beyond the collection of new evidence and its interpretation in light of recent theory, the book's overall message for the policy community is that RoOs are a potentially powerful and new barrier to trade. Rather than being relegated to closed-door technical meetings, their design should hold center-stage in trade negotiations.
International Trade: Rules of Origin by Anonim Pdf
Determining the country of origin of a product is important for properly assessing tariffs, enforcing trade remedies (such as antidumping and countervailing duties) or quantitative restrictions (tariff quotas), and statistical purposes. Other commercial trade policies are also linked with origin determinations, such as country of origin labeling and government procurement regulations. Rules of origin (ROO), used to determine the country of origin of merchandise entering the U.S. market, can be very simple, noncontroversial tools of international trade as long as all of the parts of a product are manufactured and assembled primarily in one country. However, when a finished product's component parts originate in many countries, as is often the case in today's global trading environment, determining origin can be a very complex, sometimes subjective, and time-consuming process. This report deals with ROO in three parts. First, we describe in more detail the reasons that country of origin rules are important and briefly describe U.S. laws and methods that provide direction in making these determinations. Second, we discuss briefly some of the more controversial issues involving rules of origin, including the apparently subjective nature of some CBP origin determinations, and the effects of the global manufacturing process on ROO. Third, we conclude with some alternatives and options that Congress could consider that might assist in simplifying the process.
U.S. trade obligations derive from international trade agreements, including the General Agreement on Tariffs and Trade (GATT), the other World Trade Organization (WTO) agreements, and additional bilateral and regional trade agreements, as well as domestic laws intended to implement those agreements or effectuate U.S. trade policy goals. This report provides an overview of both sources of U.S. trade obligations, focusing on a select group of agreements, provisions, and statutes that are most commonly implicated by U.S. trade interests and policy. This report is not intended as a comprehensive review of trade law. It is an introductory overview of the legal framework governing trade-related measures.
Regional Trade Agreements and the Multilateral Trading System by Rohini Acharya Pdf
This book explores bilateral and regional trade agreements, and examines how they are changing international trade rules. It offers an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by regional trade agreements.
Regional Trade Agreements and the WTO Legal System by Lorand Bartels,Federico Ortino Pdf
'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.