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111. Does Canada’s Foreign Trade Policy Give Innovating Canadian Firms a Competitive Edge Internationally?

Author:
Olena Ivus and Marta Paczos
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In recent years, Canada has adopted the Comprehensive Economic and Trade Agreement (CETA), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Canada-United States-Mexico Agreement (CUSMA). Like other modern international trade agreements, CETA, the CPTPP and the CUSMA include protections for innovators’ profits and technologies in the form of intellectual property rights (IPRs) regulations. These trade agreements will have a first-order impact on the volume and composition of trade in goods and innovation with sensitive intellectual property (IP) in Canada, as well as having an impact on global welfare distribution. But is Canada’s membership in these agreements good for Canadian firms looking to compete globally? This paper begins with a review of the IP protections instituted through recent trade deals involving Canada. It discusses the nature and scope of Canada’s IP obligations under CETA, the CPTPP and the CUSMA and explains how these obligations fit within the current Canadian legal framework. The changes in the standards of IPRs under these agreements will have a first-order impact on the volume and composition of trade in IP-sensitive goods, innovation and global welfare distribution and so deserve thorough debate. The paper then proceeds with a broader discussion of the reasons to include IP provisions in international trade agreements and the rationale for international coordination of the IPRs policy. Next, the paper discusses how IP provisions in trade agreements limit the freedom to use IP policy to promote national interests, while acknowledging that the various IP obligations are counterbalanced by several flexibilities, including the right to establish local exhaustion policies. The paper concludes with policy recommendations.
Topic:
International Trade and Finance, NAFTA, Trans-Pacific Partnership, Innovation, and USMCA
Political Geography:
United States, China, Canada, Asia, North America, and Mexico

112. Trump Trade Policy, Exchange Rate Surveillance and the IMF: Back to the Future?

Author:
James A. Haley
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper discusses the nexus between the Donald Trump administration’s trade policy and International Monetary Fund (IMF) exchange rate surveillance. It reviews the evolution of IMF surveillance and the possible implications of incorporating currency manipulation clauses into bilateral trade agreements. Such clauses constitute a key US trade negotiation objective. While they may reflect genuine concern over practices to thwart international adjustment, they could erode the effectiveness of the IMF at a time of transition and resulting tension in the global economy. Managing this tension calls for a cooperative approach to the issue of adjustment, one consistent with the fundamental mandate of the IMF. An approach based on indicators of reserve adequacy is proposed. Such a framework was briefly considered and dismissed almost 50 years ago, which was likewise a period of tension in trade and global monetary affairs. Prospects for success today are equally dim because cooperative measures to assuage adjustment challenges would require repudiation of the view that exchange rate surveillance is about bilateral trade balances and abandonment of the zero-sum game approach to international arrangements on which Trump administration trade actions are based.
Topic:
International Cooperation, International Trade and Finance, Exchange Rate Policy, and IMF
Political Geography:
United States and North America

113. Reforming Investor-State Arbitration by Recourse to the Domestic Courts of Host States

Author:
Armand de Mestral and Lukas Vanhonnaeker
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In response to concerns raised about investor-state arbitration (ISA), different proposals for reform of this means of dispute settlement have been proposed. One such proposal is to entrust domestic courts with the resolution of investment disputes. Although opting for the resolution of investment disputes before domestic courts has led to some discussion about the advantages and difficulties of this approach, very few studies have analyzed the specificities of domestic regimes in this regard. Many questions remain unanswered, including whether foreign investors have, in practice, access to domestic courts in the host state and whether the remedies available domestically are comparable to those available in ISA. In an attempt to answer some of these questions, a questionnaire was prepared and answered by respondents in 17 countries, in addition to Canada, from different regions of the world.
Topic:
Reform, Democracy, Legal Theory, and Investment
Political Geography:
United States, Canada, South America, North America, Mexico, and Peru

114. The Way Forward for WTO Dispute Settlement after the Eleventh Ministerial Conference

Author:
Centre for International Governance Innovation
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In December 2017, trade ministers met in Buenos Aires, Argentina, for the Eleventh Ministerial Conference of the World Trade Organization (WTO), against the backdrop of crisis in the WTO dispute settlement system. After the meeting achieved only modest outcomes, and none related to dispute settlement, the Centre for International Governance Innovation convened a group of experts in Ottawa for a round table discussion of the way forward to restoring and improving the dispute settlement system. The round table discussion addressed three issues: ideas for reforming the operation of the WTO dispute settlement system; US concerns over the operation of the WTO dispute settlement system and the US decision to block appointments to the Appellate Body; and solutions to break the deadlock on WTO Appellate Body appointments and what to do if members are unable to reach an agreement. There was broad agreement that, while the WTO dispute settlement system has made an important contribution to maintaining the security and predictability of the rules-based trading system, there is still room for improvement in its operation. Participants discussed a number of procedural, systemic and substantive issues that could be addressed through reform, some of which might be easily agreed on and implemented, whereas others would require further consideration. It was agreed that the most pressing challenge to the system is the refusal of the United States to allow new appointments to the Appellate Body. While there was sympathy for some of the concerns raised by the United States, participants agreed that the ultimate objectives of the United States remain unclear, and, therefore, participants cautioned against making hasty concessions that might undermine the integrity and independence of the dispute settlement system.
Topic:
International Trade and Finance, World Trade Organization, and Settlements
Political Geography:
United States, Canada, and North America

115. Digital Trade at the WTO: The CPTPP and CUSMA Pose Challenges to Canadian Data Regulation

Author:
Patrick Leblond
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
On the margins of the Group of Twenty leaders’ meeting in Osaka, Japan on June 28-29, 2019, Canada and 23 others signed the Osaka Declaration on the Digital Economy. This declaration launched the “Osaka Track,” which reinforces the signatories’ commitment to the World Trade Organization (WTO) negotiations on “trade-related aspects of electronic commerce.” In this context, unlike its main economic partners (China, the European Union and the United States), Canada has yet to decide its position. The purpose of this paper is thus to help Canada define its position in those negotiations. To do so, it offers a detailed analysis of the e-commerce/digital trade chapters found in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Canada-United States-Mexico Agreement (CUSMA), the North American Free Trade Agreement’s replacement, in order to identify the potential constraints that these agreements could impose on the federal government’s ability to regulate data nationally as it seeks to establish a trusting digital environment for consumers and businesses. The analysis leads to the conclusion that Canada’s CPTPP and CUSMA commitments could ultimately negate the effectiveness of future data protection policies that the federal government might want to adopt to create trust in the data-driven economy. As a result, Canada should not follow the United States’ position in the WTO negotiations. Instead, the best thing that Canada could do is to push for a distinct international regime (i.e., separate from the WTO) to govern data and its cross-border flows.
Topic:
International Cooperation, International Trade and Finance, World Trade Organization, European Union, and Digital Economy
Political Geography:
United States, China, Europe, Canada, Asia, and North America

116. A Guide to Emissions Trading under the Western Climate Initiative

Author:
Chios Carmody
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This is a guide to the legal framework for emissions trading under the cap-and-trade system created and adhered to under the Western Climate Initiative (WCI). This guide is intended to serve three aims. First, the guide is an overview of the WCI cap-and-trade system for emissions trading by current users of the system; potential industry participants; state, provincial and municipal governments; academic institutions; and members of civil society. Second, the guide’s aim is to foster learning among domestic and international actors interested in North America’s collective response to climate change and highlights one attempt to combat climate change through a subnational cap-and-trade system on the continent. Third, during the course of research for this guide in 2018, the province of Ontario linked its WCI-inspired cap-and-trade system with that of California and Quebec and six months later delinked its system, eventually terminating it altogether and announcing its intention to withdraw from the WCI. A third purpose of this guide is therefore to serve as an account of Ontario’s short-lived cap-and-trade system and its brief experience with linkage.
Topic:
Civil Society, Climate Change, Environment, and Carbon Emissions
Political Geography:
United States, Canada, North America, and Mexico

117. Implications of Foreign Direct Investment, Capital Formation and its Structure for Global Value Chains

Author:
Amat Adarov and Robert Stehrer
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
The Vienna Institute for International Economic Studies (WIIW)
Abstract:
In the age of globalisation, international trade and foreign direct investment (FDI) have become integral elements of cross-country production sharing. In this paper we empirically assess the impact of FDI, as well as capital dynamics and structure, on the formation of global value chains (GVC) and trade in value added at country and sectoral levels based on a database constructed for a sample of European countries over the period 2000-2014. The analysis reveals that inward FDI is especially conducive to the formation of backward linkages while outward FDI facilitates forward GVC participation, especially in high-tech manufacturing sectors. A particularly robust influence of FDI and capital accumulation on GVC integration is identified in the textile and clothing industry. While capital accumulation in general intensifies GVC linkages for most sectors, ICT capital appears to be especially instrumental for backward integration of electrical and transportation equipment sectors.
Topic:
Globalization, International Trade and Finance, Foreign Direct Investment, Trade, and Global Value Chains
Political Geography:
United States, Japan, and Europe

118. U.S.-China Rivalry in the Trump Era

Publication Date:
08-2019
Content Type:
Special Report
Institution:
World Politics Review
Abstract:
Integrating China into the liberal trade order was expected to have a moderating effect on Beijing. Instead, under President Xi Jinping, China has asserted its military control over the South China Sea and cracked down on domestic dissent, all while continuing to use unfair trade practices to boost its economy. As a result, a bipartisan consensus has emerged in Washington that the U.S. must rethink the assumptions underpinning its approach to China’s rise. But President Donald Trump’s confrontational approach, including a costly trade war, is unlikely to prove effective. This report provides a comprehensive look at the military and economic aspects of U.S.-China rivalry in the Trump era.
Topic:
International Trade and Finance, Military Affairs, Trade Wars, and Economic Policy
Political Geography:
United States and China

119. Exploring the Rationale for Decentralization in Iraq and its Constraints

Author:
Ali Al-Mawlawi
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The decentralization agenda emerged in Iraq after 2003 as an imperative to create an internal balance of power that would mitigate against the rise of another authoritarian regime. By exploring the political motivations and calculations of elites, this paper sheds light on why devolution of powers to sub-national entities failed to bring about meaningful change to the daily lives of ordinary Iraqis. While administrative authorities have been largely devolved, fiscal decentralization lags due to resistance from concerned central authorities, leaving sub-national actors with limited capacity to exercise their newly afforded powers.
Topic:
Authoritarianism, State Formation, State Building, and Decentralization
Political Geography:
United States, Iraq, Middle East, and Baghdad

120. Lebanon: Anger in Palestinian Refugee Camps Gives Rise to a New Mobilization for Dignity

Author:
Marie kortam
Publication Date:
08-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Those who visited Palestinian camps in Lebanon last month could not have missed a new upsurge in the popular mobilization on Palestinian streets. Their enthusiasm can be sensed in the spirits of the youth, their chants, and round-the-clock occupation of public spaces. This upsurge in mobilization was not only the result of the Lebanese Labour Minister’s implementation of his plan1 to combat businesses employing foreign labour without a permit – after giving them one month to regularize their situation.2 It was also the outcome of an accumulated sense of frustration, injustice, humiliation, indignation, deprivation and finally, anger that crystallized in these latest rounds of collective political action. The question then remains: why have Palestinians in Lebanon reached a breaking point at this stage, and why did the movement take this shape? There is no doubt that this anger accumulated gradually. First, it arose from the political-security arrangement for Palestinians in Lebanon, along with the historical absence of a socio-political contract with the Lebanese state. Second, it is the outcome of the deprivation, oppression, racism, and discrimination against Palestinian refugees in Lebanon, which was finally exacerbated by international resolutions hostile to the Palestinian cause, threatening the refugee cause and the right of return. Moreover, the economic situation of Palestinian refugees has deteriorated and was further compounded after the USA cut off its funding for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA). However, alone these factors are not enough to fully explain this mobilization. These latest developments are also the product of a degree of practical awareness among the Palestinian youth and their discourse which explains their involvement in a movement demanding civil rights and an arrangement in which Palestinians are an agent of change against injustice. This movement is also proof of the existence of a new paradigm of the oppressed, who no longer identifies with the oppressors and becomes dependent on them, but instead seeks to break free from their oppression, and in so doing, spontaneously and effectively imposes a new social formula and project. This paper discusses the emergence of this popular mobilization and its transformation into a social movement, the challenges it has faced, and how its actors built a common framework for action to address their status as oppressed. It relies on field interviews – formal and informal – with actors and politicians, participatory observation, the analysis of organized groups, and contributions via WhatsApp and Facebook. The paper focuses on the movement in Ain al-Hilweh camp as one of the largest Palestinian refugee camps in Lebanon, with its political and security context that distinguishes it from other camps.
Topic:
United Nations, Diaspora, Social Movement, Refugees, Social Media, and Repression
Political Geography:
United States, Middle East, Israel, Palestine, and Lebanon