scholarly journals L'élaboration et le fonctionnement des mécanismes d'arbitrage au sein de I'ALE et de FALENA, du GATT et de l'OMC

2005 ◽  
Vol 26 (3) ◽  
pp. 461-478
Author(s):  
Frédéric Bastien
Keyword(s):  
International Trade ◽  
Interest Groups ◽  
Dispute Resolution ◽  
Great Part ◽  
Trade Agreement ◽  
Trade Agreements ◽  
The United States ◽  
International Trade Agreements ◽  
Definition Of ◽  
Do So

The increasing importance of international trade explains in great part the role that dispute resolution plays in trade agreement. Diversification, government's intervention in the economy, readiness of interest groups to defend their cause, all these elements make trade negotiations a much more difficult task today thon it used to be fifty years ago. Quarrels and dispute over international trade are therefore more likely to arise and it's impossible today to negotiate international trade agreements without dispute resolution mecanism. Success or failure of different type of arbitration lies in the definition of the substantive rules of trade agreements. For binding arbitration to work properly, such rules must be clear and precise. But this solution implies that independant countries renounce in part to their sovereignty. To do so, Canada and the United States decided to keep their own trade laws and accepted to submit them to binding arbitration. The same thing was done when free trade was extended to Mexico. At multilateral level, this type of arrangement would be much more difficult to implement.

Federalism and Liberalization: Evaluating the Impact of American and Canadian Sub-federal Governments on the Negotiation of International Trade Agreements

2017 ◽  
Vol 22 (2) ◽  
pp. 259-284 ◽  
Author(s):  
Christopher J. Kukucha
Keyword(s):  
International Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Trade Agreements ◽  
The United States ◽  
Policy Area ◽  
International Trade Agreements ◽  
American States ◽  
Canadian Provinces ◽  
The Impact

This article argues that federal systems in Canada and the United States allow for the successful pursuit of sub-federal offensive and defensive priorities in the negotiation of international trade agreements. It is also clear, however, that the coercive American intrastate system limits the relevance of American states in this process, especially when compared to Canada’s relatively cooperative interstate model. Canadian provinces and territories also benefit from ideational considerations, including policy expertise and trust-ties with federal negotiators, which further strengthens sub-federal legitimacy and influence in this policy area. This study evaluates the incremental and significant impact of Canadian and American sub-federal governments across a number of sectors on the negotiations and final legal texts of the Canada-Korea Free Trade Agreement, the Canada-European Union Comprehensive Economic and Trade Agreement, and the Trans-Pacific Partnership.

Trade Law and Quality of Life—Dispute Resolution under the NAFTA Side Accords on Labor and the Environment

1995 ◽  
Vol 89 (2) ◽  
pp. 439-453 ◽  
Author(s):  
Jack I. Garvey
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Trade Agreements ◽  
International Trade Agreements ◽  
Trade Law ◽  
International Trade Law ◽  
The North

Law, like other forms of life, evolves in response to changing environments. When cosmic change alters environment, viability is tested. The North American Free Trade Agreement was born into a radically new social and political environment for the making of international trade agreements. Its viability has centered on a fundamental alteration in international trade law, appearing as the NAFTA Side Agreements on labor, health and environmental regulation; specifically, as the dispute resolution process of the Side Agreements.

Energy reform will hit investor confidence in Mexico

2021 ◽  
Keyword(s):  
United States ◽  
International Trade ◽  
Trade Agreements ◽  
The United States ◽  
Energy Prices ◽  
Content Type ◽  
Investor Confidence ◽  
International Trade Agreements ◽  
The Government ◽  
Energy Reform

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.

The challenges of federalism to Canada’s international trade relations: The Canada–European Union Comprehensive Economic and Trade Agreement

2017 ◽  
Vol 72 (1) ◽  
pp. 111-119
Author(s):  
Ali Tejpar
Keyword(s):  
European Union ◽  
International Trade ◽  
Trade Agreement ◽  
Trade Agreements ◽  
International Trade Agreements ◽  
Implementation Processes ◽  
Trade Relations ◽  
International Model ◽  
Canadian Federalism ◽  
Canadian Context

As one of the first “second-generation” free trade agreements that address indirect and non-tariff barriers, the Canada–European Union Comprehensive Economic and Trade Agreement (CETA) is likely to serve as an international model. CETA, however, highlights significant challenges for Canadian federalism in both the negotiation and implementation processes of this and any such future trade agreements. While the inclusion of sub-federal governments allows for provinces/territories to help shape the provisions that fall within their jurisdictions, this paper argues that subsequent challenges arise in conveying a unified Canadian commitment to implement the agreement. Overall, the CETA negotiations demonstrated the significant institutional weaknesses of current federal–provincial/territorial relations with respect to international trade agreements. In the Canadian context, this suggests a need for “summit federalism” to ensure that all federal–provincial/territorial governments align their terms and interests and convey a unified commitment to fulfilling Canada’s current and future international trade agreements.

Power in international trade politics: is ISDS a solution in search of a problem?

2017 ◽  
Vol 19 (4) ◽  
pp. 738-757 ◽  
Author(s):  
Andrew Reddie
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Endogenous Factors ◽  
International Trade Agreements ◽  
Transatlantic Trade ◽  
Trade Politics ◽  
Number Of Parties ◽  
Trade And Investment

AbstractThis article examines the controversial investor-state dispute settlement (ISDS) mechanisms in recent mega-free trade agreement. Below, I examine the origins of the ISDS concept and outline the controversy surrounding its use in the context of the Transatlantic Trade and Investment Partnership (TTIP). Then, I provide a theoretical discussion that outlines both the exogenous and endogenous factors that contribute to the inclusion of ISDS provisions in international trade agreements. Focusing on the latter endogenous factors, I then argue that not all international trade agreements are the same and that, as such, it is possible to develop a typology of international trade agreement across two variables (the number of parties and relative power) that impact the appropriateness of including an ISDS provision. I test this typology against the empirical record. Finally, I discuss potential innovations to the ISDS provisions and market-based mechanisms that address the dual challenges of discrimination and expropriation that ISDS is designed to address.1

Book Reviews

2013 ◽  
Vol 51 (2) ◽  
pp. 552-553
Keyword(s):  
Political Economy ◽  
International Trade ◽  
Domestic Politics ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Public Affairs ◽  
Preferential Trade Agreement ◽  
Preferential Trade ◽  
International Trade Agreements ◽  
Princeton University

Pravin Krishna of Johns Hopkins University reviews, “Votes, Vetoes, and the Political Economy of International Trade Agreements” by Edward D. Mansfield and Helen V. Milner. The Econlit abstract of this book begins: “Explores the role of domestic politics in governments' decisions to enter trade pacts. Discusses a political economy theory of international trade agreements; systemic influences on preferential trade agreement formation; regime type, veto players, and preferential trade agreement formation; and auxiliary hypotheses about domestic politics and trade agreements. Mansfield is Hum Rosen Professor of Political Science at the University of Pennsylvania. Milner is B. C. Forbes Professor of Public Affairs at Princeton University.”

scholarly journals Labor Standards in the eu-South Korea Free Trade Agreement

2017 ◽  
Vol 5 (1) ◽  
pp. 100-121
Author(s):  
Giovanni Gruni
Keyword(s):  
International Trade ◽  
South Korea ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Labor Rights ◽  
The European Union ◽  
International Trade Agreements ◽  
Trade Law

The European Union (eu) includes clauses on labor rights in free trade agreements with partner countries. One of these clauses was added to the Free Trade Agreement between the eu and South Korea. This article looks at the clause as an attempt of the eu to include labor rights in international trade law. The argument of the article is that the labor clause does include several innovative features which entrench the presence of labor law in international trade agreements. However, the clause remains mainly about political cooperation and struggles to define enforceable legal obligations on states. This is so because of the exceptions in the first part of the clause, the vagueness of the labor rights obligations and the lack of an enforcement mechanism.

Advancing labour mobility in trade agreements

2019 ◽  
Vol 18 (2) ◽  
pp. 58-73
Author(s):  
Meredith B. Lilly
Keyword(s):  
International Trade ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Labour Mobility ◽  
Content Type ◽  
International Trade Agreements ◽  
Previous Decade ◽  
Trading Partners ◽  
The Usa ◽  
International Trading

Purpose Labour mobility is increasingly recognized as an important component of a globalized international trading system. This paper aims to examine the role of temporary entry commitments in international trade agreements toward facilitating global labour mobility. Design/methodology/approach This paper traces three decades of temporary entry provisions in international trade agreements signed by the USA and Canada, beginning with their bilateral Canada–US Free Trade Agreement and culminating in the Trans-Pacific Partnership (TPP). Findings The paper finds that while many countries have continued to liberalize their temporary entry commitments in various trade agreements, the USA has reversed course in the previous decade, hampering international progress. Meanwhile, Canada has pursued ever greater labour mobility provisions with most of its trading partners. Practical implications The unique roles played by the USA, Canada and other trading partners in advancing a coherent international labour mobility agenda are considered. To continue to advance labour mobility in trade agreements moving forward, policy alternatives to the “all” or “nothing” approaches pursued by Canada and the USA are suggested. Originality/value To the author’s knowledge, this paper is the first to formally evaluate labour mobility in the TPP and the only paper to outline the evolution of temporary entry in the US vs Canadian trade agreements over three decades.

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