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5341. Customs unions in international law: from concept to practice

Author:
Michal Ovádek and Ines Willemynsa
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
Relative to the study of free trade agreements, customs unions (CUs) have been neglected in international law scholarship, despite the fact that by no means do they constitute a recent phenomenon. The present article aims to fill this gap by conducting a scoping analysis of the concept of customs union and identifying key issues in CU designs. The article problematizes what is understood by the concept of CU and what is entailed by the foremost definition of CUs, found in Article XXIV of the General Agreement on Tariffs and Trade (GATT). It further investigates how recurrent design issues are resolved in practice by different CUs considering the inherent tension between the enactment of common rules and institutions and state sovereignty. We find variety in the historical, economic and legal conceptualizations of CUs, flexibility and lacunas in Article XXIV GATT, and diversity of CU designs along with a discernible concern for the legal arrangements’ impact on state sovereignty.
Topic:
Economics, International Trade and Finance, Global Political Economy, and Unions
Political Geography:
Global Focus

5342. Gender-inclusive governance for e-commerce

Author:
Amalie Giødesen Thystrup
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
United Nations' 2030 Sustainable Development Goals' SDG 5 places gender equality front and centre for sustainable development. The Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference in Buenos Aires in December 2017 brings gender equality to the forefront of trade policy. In the intersection of trade policy and digital technologies, this paper examines how electronic commerce can work towards gender equality, filling a knowledge gap about gender-inclusive governance. Legal-empirical analysis of key regulatory and policy challenges facing women in e-commerce, and identification of vehicles for gender equality at the regional and multilateral level are followed by policy options for promoting women participation in e-commerce. The paper presents a framework for understanding the multiplicity of gender gaps as they manifest themselves in e-commerce models, suggesting potential but also concerns, and advances a multi-level approach to incorporating gender-inclusive e-commerce regulation into trade policy.
Topic:
Economics, Gender Issues, International Trade and Finance, Women, Digital Economy, and Sustainable Development Goals
Political Geography:
Global Focus

5343. Global value chains and technology transfer: new evidence from developing countries

Author:
Davide Rigo
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
This paper uses the World Bank's Enterprise Surveys as a sample of 18 developing and emerging economies to investigate the causal relationship between global value chains and the transfer of technology to manufacturing firms in developing nations. It focuses on one specific channel for technology transfer, namely the licensing of foreign technology. By using a propensity score matching difference-in-differences technique, I show that there is a positive and causal impact of being involved in complex international activities (i.e. being a two-way trader) on the licensing of technology. Importantly, domestic firms becoming two-way traders are more likely to acquire foreign-licensed technology than domestic firms starting to either export or import. These findings suggest that the complexity associated with the trading activity determines whether or not foreign technology is licensed.
Topic:
Development, Economics, International Trade and Finance, Science and Technology, World Bank, and Global Political Economy
Political Geography:
Global Focus

5344. Soft vs Hard Governance for Labour and Environmental Commitments in Trade Agreements: Comparing the US and EU Approaches

Author:
Vandana Gyanchandani
Publication Date:
08-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
Three methodologies are used to enforce labour and environmental commitments in the US and EU trade agreements: cooperative, sanctions and composite. In-depth analysis of the scope of commitments, level of protection, institutional framework as well as types of informal and formal dispute processes elucidates the pros and cons of such methodologies. Sanctions approach weakens cooperation by misjudging the complexity of domestic policy adjustments through transnational governance. Cooperative mechanism within the NAAEC's composite design emerges as the best approach: Submission on Enforcement Matters (SEM). As it provides for an independent secretariat supported by civil society group and factual records as a sunshine remedy to review citizen submissions. However, the process is constrained by political clout, lack of managerial capacity and legal dilemmas around informal lawmaking (IN-LAW) procedures.
Topic:
Economics, Environment, International Cooperation, International Trade and Finance, Labor Issues, Sustainable Development Goals, and Global Political Economy
Political Geography:
United States, Europe, Global Focus, and European Union

5345. The evolution of the EU law against criminal finance: the "hardening" of FATF standards within the EU

Author:
Leonardo Borlinia and Francesco Montanaro
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
This article examines the recent evolution of the EU anti-money-laundering (AML) and counter-terrorist financing (CTF) legislative framework, focusing on the relationship between the main international standards in the field and the newest EU legislation. It suggests that international soft law norms—in particular, the Financial Action Task Force (FATF) Recommendations—have had a decisive influence on the latest development of legislation at the EU level and within its member states. It further argues that mainly the preventive component of the AML/CTF legislation will be strengthened by the EU instruments adopted in mid-2015. However, this Article concludes that the adoption of global soft standards has posed significant challenges to the EU legislative framework. The arguments are developed in four parts. The Article first highlights the main regulatory prescriptions that stem from the study of the phenomenology and the economics of AML/CTF regulation and underpin the current international regulatory paradigm. Second, it explores the evolution of the main international instruments in the field with a special focus on the role played by the FATF Recommendations. It also illustrates the relation between these instruments and the adoption of the new EU AML/CTF legislation from two different, but complementary, angles: (1) noting that the current international AML/CTF framework has a multidisciplinary approach, the Article focuses on the framework's repressive component and assessing the limits of the EU criminal approach against money laundering and terrorist financing; and (2) examining the recent EU preventive legislation and addressing the main challenges posed to the EU legislative framework when attempting to accommodate global standards, especially regarding tensions with fundamental freedoms and human rights protected within the EU.
Topic:
Corruption, Crime, Economics, International Trade and Finance, Law, Finance, and Global Political Economy
Political Geography:
Global Focus

5346. Trade linkages and firm value: evidence from the 2018 US-China "trade war"

Author:
Yi Huang, Chen Lin, Sibo Liu, and Heiwai Tang
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
On March 22, 2018, Trump proposed to impose tariffs on up to $50 billion of Chinese imports leading to a significant concern over the "Trade War" between the US and China. We evaluate the market responses to this event for firms in both countries, depending on their direct and indirect exposures to US-China trade. US firms that are more dependent on exports to and imports from China have lower stock and bond returns but higher default risks in the short time window around the announcement date. We also find that firms' indirect exposure to US-China trade through domestic input-output linkages affects their responses to the announcement. These findings suggest that the structure of US-China trade is much more complex than the simplistic view of global trade that engendered Trump's "Trade War" against China.
Topic:
Economics, International Cooperation, International Trade and Finance, Global Political Economy, Trade Wars, and Exports
Political Geography:
United States, China, and Asia

5347. What Holds African LDC Exports Back? Translating Global Trade Alert Data Into A Positive Trade Agenda For Africa

Author:
Pamela Anne Bayona, Vincent Martin Beyer, and Olayinka Oladeji
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
Trade-Restrictive Measures (TRM) are an area of huge concern to importers and exporters in African Union Least Developed Countries (AU LDCs) located in Sub-Saharan Africa. This report identifies and analyses discriminatory government policies that adversely affect AU LDCs over the period 2009 to 2017 by using the Global Trade Alert database, a database that collects information on trade-discriminatory measures implemented by countries worldwide. The research by the students shows that the most frequently encountered TRM types are import tariff measures, tax-based export incentives, trade finance measures, public procurement localisation and export taxes. However, the Global Trade Alert excludes Technical Barriers to Trade and Sanitary and Phytosanitary measures that are formally justifiable as serving public interests, but are typically the most commonly cited as the biggest obstacles to trade. The report also provides policy recommendations and negotiation positions to the AU LDC Countries to move from a defensive trade agenda to an offensive one.
Topic:
Development, Economics, International Trade and Finance, Developing World, Global Political Economy, and Free Trade
Political Geography:
Africa and African Union

5348. Australia and the Korean Crisis: Confronting the limits of influence

Author:
Andrew O'Neil, Brendan Taylor, and William T. Tow
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Australian National University Department of International Relations
Abstract:
In this Centre of Gravity paper, Professors O’Neil, Taylor and Tow argued that the apparent optimism surrounding the upcoming ‘season of summitry’ on the Korean Peninsula should be tempered by the fact that there are potential risks attached to engaging the North Korean leadership without preconditions. They argue these include legitimising its weapons of mass destruction (WMD) programs, alliance decoupling, and a serious deterioration in Asia’s strategic climate if the Trump-Kim summit fails to deliver concrete results. Building on a series of important policy roundtables in Australia, along with decades of experience, these three senior figures argue that Australian policy makers should look to develop a more integrated national approach to the Korean Peninsula. Policymakers should anticipate and prepare for a full range of possible outcomes. A clear definition and articulation of Australia’s considerable national interests in Northeast Asia—independent from those of the US—should be derived. Initially, the Turnbull Government should begin a whole-of-government review, managed by the Department of Foreign Affairs and Trade. This process would identify and implement policy initiatives where Australia can pursue a distinctly national approach to safeguarding its long-term interests on the Korean Peninsula, including future bilateral relations with North Korea.
Topic:
Diplomacy, International Cooperation, Nuclear Weapons, United Nations, and Military Strategy
Political Geography:
Asia, South Korea, North Korea, Australia, and Pyongyang

5349. Debating the Quad

Author:
Euan Graham, Chengxin Pan, Ian Hall, Rikki Kersten, Benjamin Zala, and Sarah Percy
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Australian National University Department of International Relations
Abstract:
In this Centre of Gravity paper, six of Australia’s leading scholars and policy experts debate Australian participation in the ‘Australia-India-Japan-United States consultations on the Indo-Pacific’ - known universally as the ‘Quad’. A decade since its first iteration, the revival of the Quad presents significant questions for Australia and the regional order. Is the Quad a constructive partnership of the region’s major powers to safeguard regional stability, uphold the rules-based order and promote security cooperation? Is it a concert of democracies seeking to contain China? Or is it an emerging strategic alignment that risks precipitating the very confrontation with China it seeks to avoid? Or is it something else entirely? Euan Graham opens the debate by arguing that the Quad represents a rare second chance for Australia to cooperate with regional powers who have a shared interest is the maintenance of stability in Asia through the preservation of a balance of power. In addition to constraining China’s strategic choices beyond its maritime periphery, Dr. Graham argues that the Quad’s revival aims to send a concerted strategic signal to China along the four compass points of the Indo-Pacific region, but sufficiently restrained to avoid significant blowback from Beijing. Chengxin Pan responds that instead of forcing China to change tack, the Quad, by exacerbating China’s strategic vulnerability, will achieve precisely the opposite: prompting it to further strengthen its military capabilities. Dr. Pan argues that the nature of China’s challenge to the existing regional order is actually geoeconomic in design, as evidenced by the Belt and Road Initiative. To meet this challenge, however, the Quad’s military response is far from the right answer or an effective alternative. Ian Hall next argues that the Quad is neither a proto-alliance nor an instrument for containing China. Given that these states have so far failed to advance a coherent and coordinated line on Chinese initiatives to transform the region, Dr. Hall notes that the Quad offers something more prosaic and evolutionary: a forum for discussion and information exchange intended to lead to better policy coordination between like-minded states with a stake in the rules-based order. Rikki Kersten notes that the Japanese government wants Quad 2.0 to be seen as a Japanese initiative because it aspires to lead an ethical endeavour that reaches beyond the Asia-Pacific region. This represents a stepchange in post-war Japanese foreign and security policy thinking. Japan under Abe is seeking to harness rising insecurity to underpin its own regional leadership credentials and enhance the geographical scope of its security policy ambition. Benjamin Zala responds that the potential risks associated with sending containment-like signals to Beijing in the short-term and the potential for misperceptions over ambiguous commitments during a future crisis in the longer-term clearly outweigh the benefits of the current vague aspiration to cooperation with no clear purpose. Dr. Zala also warns against blurring the lines between formal military alliances and strategic partnerships like the Quad which increase the odds of miscalculation during times of power transition. Finally, Sarah Percy rounds out the debate by arguing that discussions of the Quad’s high politics have thus far obscured the more practical and interesting questions about how it might function and contribute to maritime security. Dr. Percy notes that that the day-to-day operations of most navies are focused on the more proximate security challenges posed by maritime crime. The Quad would yield tangible and possibly lasting benefits from such cooperation.
Topic:
Conflict Prevention, Diplomacy, Military Affairs, and Maritime
Political Geography:
United States, Japan, China, India, Asia, and Australia

5350. Tunisia: Human Rights Organizations and the State

Author:
Hatem Chakroun
Publication Date:
05-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
This paper seeks to describe and analyse in a contextual way how the relationship between human rights organizations and the State in Tunisia has evolved since independence. The establishment and consolidation of national State institutions after independence was the main obsession of the ruling political network in Tunisia. This dictated its antagonistic position and measures against pluralism and inclusion of various political groups, all of which had been once unified in the anticolonial struggle. After independence, this common objective disappeared and differences materialized regarding which political system and policies to adopt in order to building a modern nation-state in Tunisia. The consolidated regime of President Habib Bourguiba succeeded in imposing an authoritarian single-party political system, whose “legitimacy” rested on the anticolonial struggle, that controlled the state, to which all had to show loyalty. The autocratic political system continued after 1987 with the reign of President Zine El Abidine Ben Ali, who presented a retooled authoritarian political vision. The human rights community represented by the Tunisian League for the Defence of Human Rights came under pressure as the State attempted to coerce it into adopting a tailored vision of human rights compatible with the logic of a dictatorship. Ben Ali regime had also set up a façade of commitment to human rights as expressed in various laws, about which he boasted on all occasions and political events with total disregard for systematic violations by repressive state bodies. After the fall of Ben Ali following a popular uprising that rejected repression and authoritarianism and expressed a popular longing for freedom and dignity, a new vision began to form of the relationship between the State and the human rights community in Tunisia. The starting point was very positive with long time human rights activists playing a central role in the process of establishing a vision for the new republic based on respect for the principles of human rights. However, the political contention among various political factions and higher state echelons, fuelled by varying ideologies and interests, has affected this relationship, which oscillated between harmony and dissonance.
Topic:
Human Rights, Social Movement, Protests, and NGOs
Political Geography:
Africa, North Africa, and Tunisia