scholarly journals How Important Can the Non-Violation Clause Be for the GATT/WTO?

2017 ◽  
Vol 9 (2) ◽  
pp. 149-187 ◽  
Author(s):  
Robert W. Staiger ◽  
Alan O. Sykes

The “non-violation” clause of GATT is Exhibit A for the proposition that international trade agreements are incomplete contracts. According to the terms-of-trade theory of trade agreements, it underpins the success of the GATT/WTO's “shallow integration” approach. Yet the observed role of the non-violation complaint is minimal. We develop a model of non-violation claims in trade agreements, demonstrate that it predicts a minimal on-equilibrium-path role for non-violation claims under reasonable parameter restrictions, and show that the non-violation clause may nevertheless play an important off-equilibrium-path role in the GATT/WTO. (JEL D74, D86, F12, F13, K33)

Author(s):  
Henrietta Nagy ◽  
◽  
József Káposzta ◽  
György Neszmélyi ◽  
Omokheka Obozuwa ◽  
...  

2017 ◽  
Vol 3 (2) ◽  
pp. 104
Author(s):  
Bakhouya Driss

This article is interested in studying the impact of trade agreements on the quality of health services, and the statement of the role of the Ministry of Health to protect the quality of these services. The problems that arise in this study; how the application of GATT on trade in health, and services? This article also includes the impact of international trade agreements on the issue of attracting foreign investments in the field of health, and to clarify the government's ability to maintain the health and political, and the capacity of national health products to compete with foreign products. As pointed out repeatedly in this paper, it is too early to make definitive conclusions regarding the impact of GATS, or the liberalization of trade, in the health sector. Nevertheless, we conclude that although so far only a few countries where trade in health services has a major role, trading as it does –which is not based on the GATS or GATS commitments– and appears to be increasing, GATS agreement provides a framework for international trade in services, including health services, but the actual content and obligations are determined in large part by the national government.


2021 ◽  
pp. 001573252098151
Author(s):  
Tanu M. Goyal

International trade agreements are incomplete contracts. The international environment is non-stationary, and technological progress affects both the nature of services and modes of service delivery. This creates uncertainty about future developments in technology-based services. In the presence of transactions costs and due to limited foresight, it is difficult to specify all contingencies within trade agreements ex ante, resulting in contractual incompleteness. This article investigates the design of India’s services agreements to assess the approach followed while listing the ex ante commitment and its implication on technology-based services. It also discusses the ex post mechanism under these agreements to address the gaps in the commitments with respect to new services, and the enforcement mechanism to facilitate the inclusion of these services. It is found that India’s bilateral agreements leave the inclusion of services that may not be technically feasible, ex ante, at the discretion of the trading partners, ex post. Some of India’s agreements also institute a governance mechanism for facilitating this inclusion. The article argues that there is a need for addressing the issue of technology uncertainty both at an international-trade-policy level and under bilateral agreements. Internationally, efforts are underway for a technology-neutral classification of services. Bilateral agreements must include a robust mechanism within the scope of the Agreement for filling gaps that may arise with technological advancements. For furthering the objective of trade agreements, these mechanisms must be backed by sound governance structure. JEL Codes: L80, L84, L86, F13, K33, F53, F55


Significance The government will appeal the rulings, which follow action by renewables firms. With constitutional battles over energy investments already unfolding, the future of Mexico’s energy framework has been thrown into turmoil. Impacts Increasing energy prices will probably push inflation above Banxico’s upper target limit of 4%. AMLO’s apparent disregard for international trade agreements will strain relations with the United States. AMLO’s pro-austerity fiscal stance could take a toll on his popularity.


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