Download or read book A Multilateral Competition Framework in the World Trade Organization written by José Miguel Azpúrua Alfonzo and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a widespread movement towards economic liberalization led to the pervasive establishment of domestic competition policies oriented to foster economic efficiency by guaranteeing free-market entry and other grounds for free competition, the idea of developing a multilateral competition framework has been increasingly addressed both institutionally and academically. Particularly, the liberalization of trade and the establishment of the World Trade Organization (WTO) furthered the pro-marketeering logic which is also shared by competition, and therefore the so-called interface between trade in competition began to gain importance, to the extent that the WTO created a working group to discuss the eventual inclusion of competition within the scope of competence of the organization. However, such working group failed to reach a definite consensus, and in 2004 it was declared inactive by the WTO general council. Much of the critic has attributed this lack of consensus in the inclusion of competition to the WTO to the disparity between the domestic economic policies amongst member countries. In that sense, it has been contended that the enactment of a domestic competition law ought to constitute a precondition to participate in a multilateral competition framework. But as the number of countries with competition laws has dramatically increased in the recent years, and as there has been an increased awareness of the notion of competition policy understood as a systematic compound of elements beyond the mere enactment of the law, the question that then arises is: what are the grounds on which a country would be willing to participate in a WTO-based competition framework? To that end, the present study examines the impact that each of the main elements known to conform a domestic competition policy have on a country's willingness to participate in a multilateral competition framework, in order to conclude that the efforts of mutilateralizing competition policy should begin by providing a coherent platform of assistance for incipient competition regimes.
Download or read book Competition Policy in the World Trade Organization written by Arnulf Gressel and published by GRIN Verlag. This book was released on 2007-08-24 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 1,00, University of Salzburg (Völkerrecht), language: English, abstract: Die vorliegende Diplomarbeit behandelt das Problem der Regelung von Wettbewerbsfragen im Völkerrecht im allgemeinen und in der WTO im besonderen. In Kapitel 1 werden die wirtschaftlichen Hintergründe und unterschiedlichen Motive für staatliche wettbewerbsrechtliche Regelungen dargestellt. Kapitel 2 stellt verschiedene Tatbestände, die im Wettbewerbsrecht als regelungsbedürftig angesehen werden, vor (z.B. Kartelle, Missbrauch der marktbeherrschenden Stellung, etc.). Kapitel 3 beschreibt nationale Regelungsansätze des Wettbewerbsrechtes einschließlich bilateraler Kooperationsabkommen, die zur Durchsetzung nationaler Regelungen erforderlich sind. Besonderes Augenmerk wird auch auf die unterschiedlichen Rechtskulturen gelegt, die die nationalen Regelungen beeinflussen. Kapitel 4 stellt die bisherigen Regelungsansätze auf internationaler Ebene dar, wobei die auf regionaler Ebene verbindliches Recht darstellen, die auf universeller Ebene allerdings im Bereich des soft laws bleiben. Kapitel 5 und 6 stellen die Kernkapitel der Arbeit dar und befassen sich mit Wettbewerbsrecht im Rahmen der WTO. In Kapitel 5 werden bestehende wettbewernsrelevante Regelungen in der WTO dargestellt. Zunächst wird beschrieben, welche staatlichen Maßnahmen, die von der WTO Rechtsordnung erfasst sind, den Wettbewerb beeinflussen. In einem weiteren Schritt wird analysiert, welche WTO Regelungen Staaten verpflichten könnten, privates wettbewerbswidriges Handeln zu regulieren. Da die Regelungen der WTO grundsätzlich Verpflichtungen für Staaten enthalten, wettbewerbsrelevantes Verhalten aber von Unternehmen gesetzt werden, ist es notwendig, einen Zusammenhang zwischen dem Verhalten von Privaten und den staatlichen Verpflichtungen aus dem WTO Recht darzustellen. In Kapitel 6 wird schließlich die Diskussionen in
Download or read book Trade and Competition Policies Exploring the Ways Forward written by OECD and published by OECD Publishing. This book was released on 1999-10-27 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the run-up to the November 1999 WTO Ministerial in Seattle, this conference proceedings explored the various options towards better coherence between trade and competition policies.
Download or read book EU and WTO Regulatory Frameworks written by Mary Farrell and published by . This book was released on 1999 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charts the development of the World Trade Organisation, and examines its role as regulator of the international trading system. The management of the trade policies of the 132 member countries so as to ensure compliance with the principles of trade liberalisation lies at the heart of the WTO's mandate. However, under the extended powers granted to the WTO as a result of the Uruguay Round settlement, in both trade liberalisation and dispute settlement, there lies ample ground for conflicts with the European Union's commercial policy. Mary Farrell considers whether the WTO is likely to impose constraints on EU commercial policy and thereby impinge on the sovereignty of the union as a whole, or whether the EU may continue to operate independently and in coexistence with the trade liberalisation agenda of the WTO.
Download or read book Most favoured nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trade Multilateralism in the Twenty First Century written by Alexei Kireyev and published by Cambridge University Press. This book was released on 2017-12-14 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade multilateralism in the twenty-first century faces a serious test as weakness in the global economy and fast-paced technological changes create a challenging environment for world trade. This book examines how an updated and robust, rules-based multilateral framework, anchored in the WTO, remains indispensable to maximizing the benefits of global economic integration and to reviving world trade. By examining recent accessions to the WTO, it reveals how the growing membership of the WTO has helped to support domestic reforms and to strengthen the rules-based framework of the WTO. It argues that the new realities of the twenty-first century require an upgrade to the architecture of the multilateral trading system. By erecting its 'upper floors' on the foundation of existing trade rules, the WTO can continue to adapt to a fast-changing environment and to maximize the benefits brought about by its ever-expanding membership.
Download or read book International Competition Rules written by Petros C. Mavroidis and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper argues that externalities stemming from inadequate use of domestic competition laws are hard to measure and if at all that practice shows that they are rather unimportant. On the other hand, the existing framework (unilateral bilateral / multilateral), if used properly, can provide at least some answers to the questions raised by proponents of international competition rules. The next logical question would be why is the current system not used then? Even if good arguments can be advanced justifying the reticence of states to have recourse to the existing framework, the careful study of what exists will help interested parties to avoid the same mistakes in the future shaping of international competition rules. The paper adopts as working hypothesis the agenda of the proponents of international competition rules, as expressed in various documents, and then tries to "match" the proposed agenda against the existing framework. It concludes that clarifications may be needed as far as the expression of current rules is concerned but, most importantly, that proponents of international competition rules should care more about the shaping of institutions to deal with those issues, rather than take if for granted that the existing multilateral framework (World Trade Organization, WTO) can aptly accomplish the task.
Download or read book The WTO and the Multilateral Trading System written by Bhagirath Lal Das and published by . This book was released on 2003 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book charts the evolution of the multilateral trading system over the last half-century and explores the future outlook for the intergovernmental body that constitutes its institutional base and which is responsible for governing the conduct of global commerce, the World Trade Organisation (WTO). The author, a leading authority on international trade, identifies the distinct trends that have characterised the historical progression of the system, from the formulation of the General Agreement on Tariffs and Trade (GATT) in 1947 through the WTO's inception in 1995 to the present day. He examines how the GATT/WTO framework has traditionally been used by the major industrial nations as a vehicle to pursue their narrow economic and political interests, at the expense of Third World countries' development prospects. This North-South imbalance continues to pervade the multilateral trade regime today, in the form of inherent inequities in the WTO agreements and their implementation, and attempts to insert potentially damaging new issues into the WTO agenda. Further, this book traces the intimate links between these substantive deficiencies and the WTO's murky decision-making processes, which are dominated by its developed-country members to the detriment of the developing countries.
Download or read book Regional Trade Agreements and the Multilateral Trading System written by Rohini Acharya and published by Cambridge University Press. This book was released on 2016-09-22 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes 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 RTAs.
Download or read book China and the WTO written by Petros C. Mavroidis and published by Princeton University Press. This book was released on 2021-01-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of China’s participation in the World Trade Organization, the conflicts it has caused, and how WTO reforms could ease them China’s accession to the World Trade Organization (WTO) in 2001 was rightly hailed as a huge step forward in international cooperation. However, China’s participation in the WTO has been anything but smooth, with China alienating some of its trading partners, particularly the United States. The mismatch between the WTO framework and China’s economic model has undermined the WTO’s ability to mitigate tensions arising from China’s size and rapid growth. What has to change? China and the WTO demonstrates that unilateral pressure, by the United States and others, is not the answer. Instead, Petros Mavroidis and André Sapir show that if the WTO enacts judicious reforms, it could induce China’s cooperation, leading to a renewed confidence in the WTO system. The WTO and its predecessor, the General Agreement on Tariffs and Trade, are predicated on liberal domestic policies. They managed the previous accessions of socialist countries and big trading nations, but none were as large or powerful as China. Mavroidis and Sapir contend that for the WTO to function smoothly and accommodate China’s unique geopolitical position, it needs to translate some of its implicit principles into explicit treaty language. To make their point, they focus on two core complaints—that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies, private as well as SOEs, impose forced technology transfer on foreign companies as a condition for accessing the Chinese market—and they lay out specific proposals for WTO reforms. In an age of global trade disputes, China and the WTO offers a timely exploration of unprecedented challenges to the current multilateral system and fresh ideas for lasting solutions.
Download or read book Toward Multilateral Competition Law written by Daniela Kröll and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2001, the Doha WTO Ministerial Declaration recognized a «case for a multilateral framework to enhance the contribution of competition policy to international trade and development». Yet, the negotiations on additional multilateral competition rules within the WTO were formally suspended in 2004. This book aims at providing a comprehensive overview of the current status of the discussion and is intended to suit both the advanced reader and any reader with a general interest in international economic law. The author critically reevaluates and reconfirms the case for additional international competition rules from both a competition and trade policy perspective. Taking into account the political developments around the failed Cancún Ministerial Conference and the relationship of competition policy and economic development, the author also illustrates a possible solution to break the deadlock concerning additional international competition rules within the ambit of the WTO.
Download or read book Economic Development and Multilateral Trade Cooperation written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 2005-12-01 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can international trade agreements promote development and how can rules be designed to benefit poor countries? Can multilateral trade cooperation in the World Trade Organization (WTO) help developing countries create and strengthen institutions and regulatory regimes that will enhance the gains from trade and integration into the global economy? And should this even be done? These are questions that confront policy makers and citizens in both rich and poor countries, and they are the subject of Economic Development and Multilateral Trade Cooperation. This book analyzes how the trading system could be made more supportive of economic development, without eroding the core WTO functions.
Download or read book Regionalism and the Multilateral Trading System written by OECD and published by OECD Publishing. This book was released on 2003-07-09 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares rule-making provisions in regional trade agreements with those of the WTO in ten specific areas: services, labour mobility, investment, competition policy, trade facilitation, government procurement, intellectual property rights, contingency protection, environment and rules of origin.
Download or read book Trade and Competition from Doha to Canc n written by Organisation for Economic Co-operation and Development. Joint Group on Trade and Competition and published by OECD Publishing. This book was released on 2003 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication presents a synthesis of recent work of the OECD Joint Group on Trade and Competition focussing on the interface between these two policy domains against the backdrop of an increasingly globalised economy. A Global Forum hold on May 2003 presented an occasion to explore some of the complex issues arising at the trade and competition interface. It also contains a report of those discussions prepared by Dr. Simon Evenett of the World Trade Institute. This book is structured around a number of key themes, including capacity building, combatting hard core cartels, co-operation between competition authorities and core principles for a multilateral framework.
Download or read book The Future Development of Competition Framework written by Zongle Huang and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of national competition authorities. They came from a variety of countries ? including France, Germany, Canada, Mexico, Indonesia, Malaysia, Russia, Japan, Australia, Taiwan, Korea and the United States ? to attend a 2003 conference sponsored by the Taiwan Fair Trade Commission. The book reproduces texts of the various contributions to the conference, including a roundtable discussion. Among the topics addressed are the following: mergers and acquisitions; political interests; enforcement policies and sanctions; national cultures and traditions; international cartels; regional cooperation; concentration indexes and dominance indexes; patent pools; financial deregulation; confidentiality measures; technical assistance; striking the right balance between competition and regulation; reconciling competition policy and development policies. Although they are especially valuable for their concentration on the Asia Pacific countries, these discussions will be of incalculable value to practitioners and academics everywhere who are involved in any of the interconnected branches of economic law or policy covered here.
Download or read book The World Trade Organization written by Mitsuo Matsushita and published by OUP Oxford. This book was released on 2006-08-10 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists, provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: firstly where WTO law confronts legal regimes governing issues of competition and intellectual property, and secondly, where free trade is seen to be incompatible with certain human rights. This edition also includes new chapters on trade in agriculture and on government procurement and trade. This book will be of interest to all scholars, students, and practitioners seeking to understand this pivotal yet controversial international organization and world trade in general.
Download or read book Multilateral Agreements and Competition Law is a Multilateral Competition Framework Possible and Desirable A Sinuous Road from the United Nations to Regional Trade Agreements and Beyond written by Guillermo Giralda Fustes and published by . This book was released on 2017 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
