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Book Transparency of Export Restrictions

Download or read book Transparency of Export Restrictions written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Export Restrictions

Download or read book Export Restrictions written by Osvaldo Agatiello and published by . This book was released on 2013 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed an ever-increasing resort to export restrictions in the markets for raw materials, causing heightened uncertainty about supply availability together with friction among trading partners. Poor transparency can amplify and compound the effects of restrictive trade policies. This paper explores the issue of transparency with respect to the use of export restrictions, especially focusing on the question of what information governments applying them make publicly available. After explaining how transparency is operationalised in the conduct of trade policy and what its benefits are for trading firms, investors and other stakeholders, in importing countries inasmuch as in the economies applying export restrictions, the paper reviews applicable rules and commitments elaborated in GATT/WTO, regional trade agreements and other sources of rules. The review shows an evolutive, cumulative path towards greater transparency in trade policy over time and distills best-practice principles and tools specifically aiming at the provision of information. The last section of the paper applies a checklist of information elements consistent with these best practices to the study of actual national information policies. This is done by examining the content of public information on export restrictions in the minerals sector that is made available on the governmental websites of 33 countries that make use of such measures. The exercise suggests where national information policies appear to have gaps and could be improved. It also provides illustrations of country approaches for delivering such information in a comprehensive and efficient manner.

Book Essentials of WTO Law

    Book Details:
  • Author : Peter Van den Bossche
  • Publisher : Cambridge University Press
  • Release : 2016-04-02
  • ISBN : 1107638933
  • Pages : 349 pages

Download or read book Essentials of WTO Law written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2016-04-02 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.

Book Law and Policy

    Book Details:
  • Author : Junlei Peng
  • Publisher : Open Dissertation Press
  • Release : 2017-01-26
  • ISBN : 9781361301258
  • Pages : pages

Download or read book Law and Policy written by Junlei Peng and published by Open Dissertation Press. This book was released on 2017-01-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Law and Policy: PRC Export Restrictions Under the WTO Compared With US Export Controls" by Junlei, Peng, 彭俊磊, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Following China's accession to the WTO, a series of trade frictions and issues on non-automatic export licensing have been triggered between the PRC and the US. Moreover, the US has launched a global campaign against the PRC by means of US re-export controls towards the PRC and WTO cases concerning PRC export restrictions on various minerals as raw materials. In practice, it has become increasingly important to resolve such disputes and issues in a WTO forum. However, relevant studies still seem to be quite limited. This thesis undertakes comparative analyses as its cardinal methodology. The political economy of trade policy is applied as the basic analytical approach for policy analysis, while linguistic analysis and case study are used in the legal analysis. In addition, historical review, document study, participant observation and individual interviews are employed in both legal and policy study. As the central argument of this thesis, under WTO law the inadequacies of PRC export restrictions need improving in order to facilitate trade; while the excessive national discretion of US export controls needs constraining in order to liberalise trade - both in the direction of consistency with WTO law. This central argument indicates the final conclusions of the comparisons among PRC export restrictions, US export controls and the related WTO law. As concluded, PRC export restrictions are weaker than US export controls in transparency, rationality and neutrality in legal principle, the "both and separately" legislative mode, regulatory authorities, openness of regulatory procedures and regulatory criteria, complicated regulatory instruments, and the objectivity, impartiality and promptness of the administrative reconsideration and administrative litigation procedures. The PRC needs to improve these aspects of its weaknesses in trade facilitation in order to comply with the relevant WTO disciplines. Compared with the PRC, the US has much policy discretion in its coherence with WTO law because US export control policy seems to be less influenced by GATT/WTO; the domestic effect of the WTO law has been dramatically weakened by opposing domestic political voices in the US; and the regulatory reasons for US export controls seem only to be partly and conditionally justifiable under WTO security exceptions. In these aspects, the US is advised to constrain its excessive national discretion in order to be consistent with WTO law and to liberalise trade. As the central argument continues to claim, the aforesaid improvements in PRC export restrictions and US export controls may identify and correct the inconsistencies of both with WTO law, and provide solutions for Sino-US trade frictions and issues on non-automatic export licensing and for other issues and frictions in a US global campaign against the PRC in the WTO forum. This may contribute to the stabilisation of Sino-US trade relations and the world trading system. The relevant research gaps can also be filled, and a significant theoretical contribution to this research field can be made. DOI: 10.5353/th_b4852167 Subjects: Export controls - China Export controls - United States

Book Transparency and Accountability in European Arms Export Controls

Download or read book Transparency and Accountability in European Arms Export Controls written by Bernardo Mariani and published by . This book was released on 2000 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Regulatory Transparency in Multilateral Agreements Controlling Exports of Tropical Timber  E Waste and Conflict Diamonds

Download or read book Regulatory Transparency in Multilateral Agreements Controlling Exports of Tropical Timber E Waste and Conflict Diamonds written by Robert Wolfe and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Export restrictions can be problematic if trading partners question either their conformity with international obligations or their possibly unintended negative impacts on others. Regulatory transparency can help. This paper examines how three multilateral environmental agreements (MEAs) incorporate transparency into their regulatory regimes: CITES (endangered species, especially tropical timber), the Basel Convention (hazardous e-waste), and the Kimberley Process (conflict diamonds). All three require producing countries to control exports of sensitive commodities, while allowing (Basel) or requiring consuming countries to control imports. Export and import restrictions are usually intended to affect relative prices, but in these three MEAs the ultimate objective is to limit the negative consequences, whether economic, environmental or societal, associated with improper exploitation of the covered commodities. In each case all trade in the target commodities ought to be covered, no export permits should be issued that do not meet the standards established by the MEA, and no imports should take place without the appropriate documentation. In order to have a consistent comparative basis for assessing the contribution of regulatory transparency to the success of these regimes, we use an analytic framework based on three major transparency principles: publication of the rules (the "right to know"); peer review by governments (monitoring and surveillance); and public engagement (reporting on results, and a role for non-governmental organisations, NGOs). The paper concludes with some observations about characteristics that appear to make transparency more or less effective.

Book Export Prohibitions and Restrictions

Download or read book Export Prohibitions and Restrictions written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Export Controls in the Framework Agreement Countries

Download or read book Export Controls in the Framework Agreement Countries written by Kathleen Miller and published by . This book was released on 2001 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Recent Trends in Export Restrictions

Download or read book Recent Trends in Export Restrictions written by and published by . This book was released on 2010 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Law and Politics on Export Restrictions

Download or read book Law and Politics on Export Restrictions written by Chien-Huei Wu and published by Cambridge University Press. This book was released on 2021-07-29 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.

Book Transparency in the WTO SPS and TBT Agreements

Download or read book Transparency in the WTO SPS and TBT Agreements written by Marianna B. Karttunen and published by Cambridge University Press. This book was released on 2020-04-23 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.

Book JPRS Report  China  Trade Transparency  MOFERT s Second Set of Regulations on Foreign Trade and Investment

Download or read book JPRS Report China Trade Transparency MOFERT s Second Set of Regulations on Foreign Trade and Investment written by and published by . This book was released on 1992 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Broadcast Information Service (FBIS) and Joint Publications Research Service (JPRS) publications contain political, military, economic, environmental, and sociological news, commentary, and other information, as well as scientific and technical data and reports. All information has been obtained from foreign radio and television broadcasts, news agency transmissions, newspapers, books, and periodicals. Items generally are processed from the first or best available sources. It should not be inferred that they have been disseminated only in the medium, in the language, or to the area indicated. Items from foreign language sources are translated; those from English-language sources are transcribed. Except for excluding certain diacritics, FBIS renders personal names and place-names in accordance with the romanization system approved for U.S. Government publications by the U.S. Board of Geographic Names. This report contains articles from China dealing with Trade Transparency: MOFERT'S Second Set of Regulations on Foreign Trade and Investment. Some of the topics include Export License Rules for Selected Metallic Ores, Computer export Licensing Procedures, Supplementary Notice on Computer Exports and Licensing of Banana Orange Exports.

Book Access to Raw Materials

Download or read book Access to Raw Materials written by Chien-Huei Wu and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to surging commodity prices and shortages of raw materials, the European Commission in 2008 adopted its Raw Materials Initiative (RMI) with the aim of securing sustainable supplies of raw materials for the EU economy. The RMI is to be founded on three pillars consisting of access to raw materials on world markets, sustainable supplies from European sources, and the reduction of European consumption. External trade policy constitutes an essential element of RMI-related policy. The EU is not only a major player in the raw materials market, but is also trying to create disciplines in that respect. The EU attempts to ensure access to raw materials through different fora and venues, including multilateral frameworks and bilateral negotiations, and ranging from rule-making to law-enforcement. Multilaterally, the EU keeps raising this issue in such fora as G8, Organization for Economic Cooperation and Development (OECD), and United Nations Conference on Trade and Development (UNCTAD) and seeks cooperation with international organizations such as the World Bank and the International Seabed Authority. The EU has also submitted a proposal under the auspices of the Doha Development Agenda (DDA) within the WTO with a view to strengthening disciplines on export restrictions. It has additionally taken the opportunities offered by WTO accession negotiations to secure commitments from acceding members to eliminate or phase out their export restrictive measures. Regarding law enforcement, it has filed complaints against Argentina and China on certain export restrictive measures on hides, leather and raw materials via the WTO dispute settlement mechanism. Bilaterally, the EU consistently included trade rules on export restrictions in its external economic agreements. Such practices are present in EU external economic agreements such as the EU-Korea Free Trade Agreement (FTA), EU-CARIFORUM Economic Partnership Agreement (EPA), EU-Columbia-Peru Trade Agreement, and so on. The EU's pursuit of disciplines in export restrictions faces a number of challenges. First, the existing trade regulatory regime led by the General Agreement on Tariffs and Trade (GATT)/WTO system focuses mainly on the liberalization of import restrictions and has little regulation on export restrictions. The rationale underpinning the GATT/WTO system is to secure market access to other countries through tariff reduction and the elimination of non-tariff barriers. Secondly, whereas commitments on export restrictions are undertaken by some new WTO members, these commitments only bind the members concerned and do not extend to other members. A law-making process resulting in specific obligations applicable only to a limited subset of WTO members may undermine the multilateral nature of the WTO rules. Thirdly, in pursuing trade rules on export restrictions in its FTA negotiations, the EU may further marginalize the role of the WTO in global trade governance, and thus deviate from the spirit of the second subparagraph of Article 21(1) of the Treaty on European Union (TEU), which instructs the Union to 'promote multilateral solutions to common problems'. In this context, this chapter aims to explore the EU's contribution to new trade rules pertaining to export restrictions with a view to securing its access to raw materials. This chapter examines both the EU's position within the multilateral WTO framework (section 2) and its bilateral negotiations with other trade partners (section 3). Within the WTO forum, this chapter first, by contrasting the EU's proposal relating to export taxes with that of Japan and the US, focusing mainly on procedural transparency on export licensing, illustrates the EU's aim to advance rule of law and respect for international law in the wider world and its regulatory ambition to 'promote multilateral solutions to common problems'. Secondly, it investigates whether and how the EU can successfully secure commitments on export restriction from new WTO members during bilateral accession negotiations. It will examine the EU's complaints lodged via the WTO dispute settlement mechanism with regards to Argentina and China on their export restrictive measures. With regard to the bilateral aspect, this chapter will examine those provisions pertaining to export restrictions in selected EU external economic agreements. This chapter concludes with an evaluation of the EU's success in pursuing trade disciplines on export restrictions through law-making and law enforcement in multilateral frameworks and bilateral negotiations (section 4).

Book Export Restrictions in Times of Pandemic

Download or read book Export Restrictions in Times of Pandemic written by Joost Pauwelyn and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Trade saves lives” could have been the headline. COVID-19 hit so hard, quickly and across so many nations at the same time, that many countries not only rushed to produce and import, but also imposed export restrictions on protective masks, ventilators and other products they were running out of. On one count, as of 26 April 2020, at least 75 governments had banned or limited exports of medical supplies and medicines. The impact and pros and cons of such export restrictions have been discussed elsewhere. What this contribution seeks to do is to set out the options and limits under international trade agreements. Section II discusses export restrictions under EU law, first within and then outside the EU. Section III turns to WTO agreements, discussing both obligations in respect of export restrictions, and a number of exceptions explicitly provided for. It also refers to trade remedies as a possible response to export restrictions. Section IV briefly examines preferential trade agreements. Section V concludes, highlighting the importance of transparency and the limits of law and enforcement procedures when it comes to emergency measures, especially those enacted on a temporary basis in the midst of a crisis.Economists have almost universally condemned the recent surge in export restrictions. The main take-away point when looking at what international law currently provides for is, however, that it offers countries a great deal of leeway to enact such restrictions especially during a pandemic. One question for further research and negotiations is whether this wiggle room ought to be reduced to effectively address the next pandemic. Some recent commitments and proposals have been made in this direction. They are referenced in the conclusion.

Book Public Scrutiny of Protection

Download or read book Public Scrutiny of Protection written by Olivier Long and published by Trade Policy Research Centre London. This book was released on 1989 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that to improve international surveillance of trade policies it is necessary to make the conduct and instruments of trade policies more visible and to increase public awareness of the economy-wide costs and benefits of public assistance to troubled industries.

Book Transparency in Government Operations

Download or read book Transparency in Government Operations written by Mr.J. D. Craig and published by International Monetary Fund. This book was released on 1998-02-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transparency in government operations is widely regarded as an important precondition for macroeconomic fiscal sustainability, good governance, and overall fiscal rectitude. Notably, the Interim Committee, at its April and September 1996 meetings, stressed the need for greater fiscal transparency. Prompted by these concerns, this paper represents a first attempt to address many of the aspects of transparency in government operations. It provides an overview of major issues in fiscal transparency and examines the IMF's role in promoting transparency in government operations.

Book Assessing Risk  Preventing Diversion and Increasing Transparency

Download or read book Assessing Risk Preventing Diversion and Increasing Transparency written by Canada. Parliament. House of Commons. Standing Committee on Foreign Affairs and International Development and published by . This book was released on 2021 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: