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1. Legal Integration in North America: Domestic and Multilateral Comparisons

Author:
Imtiaz Hussain
Publication Date:
03-2003
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
With so much attention riveted upon economic integration today, another form of integration, having to do with the laws, constitutional provisions, and judicial arrangements countries abide by, has received considerably less attention. To partly redress that imbalance, a case study of legal integration in North America is undertaken. Building upon the specific dispute settlement arrangements of chapters 19 and 20 of the North American Free Trade Agreement, two comparative studies are pursued—the first between the legal practices, constitutional requirements, and judicial contexts in Canada, Mexico, and the United States; the other between NAFTA, GATT, and the World Trade Organization provisions. Two broad findings undergird legal integration in North America: The recognition of the need a) for at least three forms of reciprocal relationships: between economic and legal forms of integration; regional procedures and their domestic counterparts; and regional procedures and their multilateral counterparts; and b) to keep the state an active participant in supranational efforts by leaving a veto power over such developments or the exit option with the state, and thereby accomodating domestic interests and cross-national divergences as widely as possible.
Topic:
Economics, International Trade and Finance, and Politics
Political Geography:
North America

2. Take the State Back Out? Comparing French Responses to Globalization in Agriculture and Shipping

Author:
Mark Aspinwall and Imtiaz Hussain
Publication Date:
02-2003
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
How autonomous is a state in today's highly interdependent international economy to pursue policies that diverge widely from the international norm? Does the degree of autonomy vary for different domestic sectors? We adapt and apply Benjamin Cohen's unholy trinity model (1993), to a comparative assessment of how France responded to globalization over agriculture and shipping, focusing on three dimensions—investment, transaction costs, and government policy responses. Although France is reputed to possess a strong state machinery (Katzenstein, 1987; Wilson, 1987; Skocpol, 1985), our analysis raises qualifications. On the one hand, regardless of government policy intentions, we find irreversible forms of disinvestment in both sectors, though different in nature—geographic for shipping, and functional for agriculture; on the other, we also find continued dependence upon the state—for aid in shipping and resisting free trade in agriculture. We further find that, although internal and endogenous, as well as external and exogenous, factors influence policy-making, the nature of these factors are different for the two sectors. We conclude by drawing implications of our findings for state-society relations and European integration.
Topic:
Agriculture, Economics, and International Trade and Finance
Political Geography:
Africa, Europe, and France

3. Theoretical Explanations of Trade Competitiveness and a North American Application

Author:
Imtiaz Hussain
Publication Date:
01-1998
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
How do we reconcile economic competitiveness with trade regionalism? This exploratory investigation first takes stock of how competitiveness has been defined by both economists and political scientists, then extracts an inclusive model from the different literatures, and finally broadly assesses business transactions and trends across North America using that model. Beginning with the Ricardo-Viner and Hecksher-Olin explanations, various types of competitiveness articulated by Michael Porter, Mancur Olson, and David Mares are subsequently brought in. preliminary findings presented as hypotheses for future testing, suggest that: that evaporation of hegemony has resulted in multiple claims to competitiveness across North America, policy convergences are more widespread and common than ever before, regional-level cooperation provides an efficient means for all three countries to offset global competitiveness, and domestic interests, though still a potential veto force, are slowly embracing, rather than opposing, supranational efforts.
Topic:
International Relations, Economics, and International Trade and Finance
Political Geography:
Europe and North America

4. Agriculture and Supranationalism: A Comparative Study on North American and West European Policy-Making Experiences

Author:
Imtiaz Hussain
Publication Date:
01-1998
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
The proliferation of regional trading blocs in the 1990s raises a fundamental question: To what extent is policy-making shifting from the national government to a regional entity? The conversion of GATT into the World Trade Organization, also in the 1990s, further complicates the search for an answer since new or revitalized multilateral rules also exert influences upon policy outcomes. I apply that question to a study of farm policy, with the European Union and the North American Free Trade Agreement (NAFTA) as my cases. The next two sections profile the importance of agriculture and my rationale in selecting the two cases before pointing gout the organization of the remainder of the study.
Topic:
Agriculture and International Trade and Finance
Political Geography:
Europe and North America

5. Dispute Settlement, Domestic Institutions and Political Integration in North America: A Comparative Study

Author:
Imtiaz Hussain
Publication Date:
01-1998
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
Created to cultivate interaction between domestic and supranational economic arrangements/institutions, the North American Free Trade Agreement is in increasing need of arrangements/institutions which bridge political boundaries as well. The document's binational panels, for instance, have been authorized to review domestic duty determinations, but have also dragged domestic political practices, customs, arrangements, and institutions into the supranational arena, in turn exposing potentially deep differences across national boundaries. A comparative study of both basic and complex domestic political structures, affected directly or indirectly by NAFTA's dispute settlement procedures, reveals: that as reciprocal relationships increase, arrangements and/or institutions at both levels, domestic and supranational, become more vulnerable; and that different experiences across national boundaries may produce uneven degrees of integration. These findings lead to an explorative assessment of political integration stemming form the economic integration currently underway.
Topic:
International Relations, International Trade and Finance, and Politics
Political Geography:
North America

6. Taking the State Back Out? Comparing French Responses to Globalization in Agriculture and Shipping

Author:
Mark Aspinwall and Imtiaz Hussain
Publication Date:
01-1997
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
How autonomous is a state in today's highly interdependent international economy to pursue policies that diverge widely from the international norm? does the degree of autonomy vary for different domestic sectors? We adapt and apply Benjamin Cohen's unholy trinity model (1993), to a comparative assessment of how France responded to globalization over agriculture and shipping, focusing on three dimensions—investment, transaction costs, and government policy responses. Although France is reputed to possess a strong state machinery (Katzenstein, 1987; Wilson, 1987; Skocpol, 1985), our analysis raises qualifications. On the one hand, regardless of government policy intentions, we find irreversible forms of disinvestments in both sectors, though different in nature—geographic for shipping, and functional for agriculture; on the other, we also find continued dependence upon the state–for internal and endogenous, as well as external and exogenous, factors influence policy-making, the nature of these factors are different for the two sectors. We conclude by drawing implications of our findings for state-society relations and European integrations.
Topic:
Agriculture, Globalization, and International Trade and Finance
Political Geography:
Europe and France

7. Old Wine in New Bottle? The Summit of the Americas in Theoretical Perspective

Author:
Imtiaz Hussain
Publication Date:
01-1997
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
What factors made the attainment of a regional trading bloc a priority at the Summit of the Americas? Why was it so inclusive a gathering? What are the prospects and problems of an American Free Trade Association? How can regionalism in this part of the world be explained theoretically?
Topic:
Development, International Trade and Finance, and Regional Cooperation
Political Geography:
America and North America

8. Environmentalism, Free Trade and Regionalism in Theoretical Perspective: An Unholy Developmental Trinity?

Author:
Imtiaz Hussain
Publication Date:
01-1997
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
Why do policy outcomes invariably fall short of expectations? Almost all studies of this puzzling topic over the last generation have revolved around a study of the limits of rational behavior. Although this literature is extraordinarily enriching, as society becomes more complex, the gap between policy intentions and outcomes seems to be widening, and constrained rational behavior appears to be accounting for increasingly less of that gap. Three incompatible policy areas today are environmentalism, free trade, and regionalism. This investigation undertakes a comparative analysis of the principles and key dimensions of those three policy areas, then transforms Benjamin Cohen's unholy monetary trinity into an unholy developmental trinity to offer a theoretical framework within which this incompatible policy-mix may be explained.
Topic:
Foreign Policy, Economics, Environment, and International Trade and Finance

9. Assessing the Rules - Power Debate in Farm Trade: A Case Study of the Canadian-U.S. Free Trade Agreement

Author:
Imtiaz Hussain
Publication Date:
01-1997
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
Asking "How have trade disputes over agriculture been settled in North America?", this study examines 11 appeals made to binational panels established under Chapter 19 of the Canada-U.S. Free Trade Agreement of 1989. By disaggregating the process of dispute settlement into complaints, rulings, country responses, and overall settlement, it reassesses an old debate (whether dispute outcomes are influenced by collective rules or the pursuit of self-help) and sheds new light. Whereas extant studies make the argument, through a study of appeals to G.A.T.T., that collective rules temper the blind pursuit of self-help, this study makes the argument that self-help is equally important an explanation. Whereas the former focus on outcomes which are non-binding, this study focuses on outcomes which are binding. Implications are drawn, at a time when domestic interests, nationalistic sentiments, and supranational pursuits compete to influence policy outcomes at all levels, for agriculture, integration in North America, and dispute settlement at the multilateral level.
Topic:
Agriculture, Economics, and International Trade and Finance
Political Geography:
United States, Canada, and North America

10. National Laws, NAFTA Panels and Multilateral Provisions: Sovereignty or Supranational Rules at Bay

Author:
Imtiaz Hussain
Publication Date:
03-1995
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
Extending a previous investigation of farm dispute settlement under the Canadian-U.S. Free Trade Agreement of 1989 to include the North American Free Trade Agreement of 1994, this study inquires if regionalism in this part of the world threatens the sovereignty of national trade laws and multilateral provisions. The adjudication process, spelled out by Chapter 19 of the two free trade agreements, is singled out and disaggregated into four stages for analysis. This, in turn, allows for (a) a reassessment of the sovereignty-supranational theoretical debate; and (b) undertaking a comparative study of the national trade relief laws in Canada, Mexico, and the United States. Whereas extant works, almost exclusively of disputes under G.A.T.T., find that supranational rules influence outcomes more than the pursuit of sovereign interests by states, the preliminary findings of this study suggest that both forces are equally strong in North America. By and large, they suggest that reciprocal relations between states, regional entities, and multilateral organizations are necessary for the viable operation of each; yet this necessity may, in the long-term, constrain the multilateral organization more than the regional. This interpenetrating relationship is unique, and the source of institutional innovations of relevance to the pursuit of both state sovereignty and supranationalism.
Topic:
International Trade and Finance and Sovereignty
Political Geography:
United States, Canada, South America, North America, and Mexico