An Analysis of Justice in International Trade law: Why are Free Trade in Regional Trade Agreements (RTAs) Unfair?
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
Regional Trade Agreements (RTAs), which are now at the center of the international trade system, seem to increase unfair trade between developed and developing countries. RTAs deprive developing countries of their comparative advantage as a result of rules of origin, structural problems in competition among developing countries, and implementation of industrial standards of developed countries. Unfair trade starts at the onset of RTA negotiations that include “WTO-plus,” which represents the interests of developed countries’ industries, and which has become a universal standard in RTAs. The logic of free trade behind RTAs has not worked, even in the historical development of developed countries. Instead, protectionism and discrimination are the time-tested pillars of their development. For justice in international trade law, it is important to distinguish between free trade that focuses on liberalization of tariffs and quotas, and fair trade that supplements the structural negative results of free trade by protecting weaker players. As a way of strengthening developing countries’ long-term ability to develop economically, multilateral trade talks through the WTO are more desirable than FTAs or RTAs for developing countries.
Abstract
Regional Trade Agreements (RTAs), which are now at the center of the international trade system, seem to increase unfair trade between developed and developing countries. RTAs deprive developing countries of their comparative advantage as a result of rules of origin, structural problems in competition among developing countries, and implementation of industrial standards of developed countries. Unfair trade starts at the onset of RTA negotiations that include “WTO-plus,” which represents the interests of developed countries’ industries, and which has become a universal standard in RTAs. The logic of free trade behind RTAs has not worked, even in the historical development of developed countries. Instead, protectionism and discrimination are the time-tested pillars of their development. For justice in international trade law, it is important to distinguish between free trade that focuses on liberalization of tariffs and quotas, and fair trade that supplements the structural negative results of free trade by protecting weaker players. As a way of strengthening developing countries’ long-term ability to develop economically, multilateral trade talks through the WTO are more desirable than FTAs or RTAs for developing countries.
참고문헌 (27)
- Bernstorff, Jochen von, "International Law and Global Justice: On Recent Inquiries into the Dark Side of Economic Globalization", The European Journal of International Law, 26(1), pp.279~293 (2015)
- Bhagwati, Jagdish, "Reshaping the WTO", Far Eastern Econ. Rev, 168 (2005)
- [URL]
- Socioeconomic Justice beyond boundaries: the World Trade Organization and the scope and site of principles of justice, "Brandi, Clara", European University Institute, ~ (2010)
- Chang, Ha Joon, "Introduction to the Symposium on Free Market Fundamentalism", Seattle J. for Soc. Justice, 5 (2007)
- Chang, Ha Joon., "Bad Samaritans: The Myth of Free Trade and The secret History of Capitalism" (2008), Random House Business Books
- Kicking Away the Ladder: The Real History of Free Trade, "Chang, Ha-Joon", FPIF, ~ (2003)
- Cho, Sungjoon, "Breaking the Barrier Between Regionalism and Multilateralism: A New Perspective on Trade Regionalism", Harv. Int’l L. J, 42 (2001)
- Cho, Sungjoon, "Beyond Doha’s Promises: Administrative Barriers as an obstruction to Development", Berkeley J. Int’l L, 25 (2007)
- Cho, Sungjoon, "Are World Trading Rules Passe?", Va. J. Int’l L, 53 (2013)
- Chow, Daniel CK, "International intellectual property: Problems, Cases and Materials" (2012), West Group
- Frankel, Jeffrey A., "Regional Trading Blocs In The World Economic System" (1997), Inst. For Int’l Econ
- Gantz, David A., "World Trade Law after Doha: Multilateral, Regional and National Approaches", Denv. J. Int’l L. & Pol’y, 40 (2011)
- "International Trade: An Analysis of Free Trade Agreements and Congressional and Private Sector Consultations under Trade Promotion Authority" (2007)[URL]
- Garcia, Frank J., "Why Trade Law Needs a Theory of Justice", Proceedings of the Annual Meeting, 100, pp.376~380 (2006), American Society of International Law
- Kim, Jong Bum, "RTAs for Development: Utilizing Territorial Principle Exemptions under Preferential Rules of Origin", J. World Trade, 43, pp.153~155 (2009)
- Leal-Arcas, Rafael, "Proliferation of Regional Trade Agreement: Complementing or Supplanting Multilateralism", Chi. J. Int’l L, 11 (2010)
- Melo, de Jaime, "Regionalism and Developing Countries: A Primer", J. World Trade, 41 (2007)
- "WTO-Special: Free Trade or Fair Trade?" (2005)[URL]
- Penner, Natasha Dhillon, "Globalization, The WTO and Fair Trade: Is the International Trade System Working in the Interests of Coffee Farmers?", Asper Rev. Int’l Bus. & Trade L, 9 (2009)
- Taylor, C. O’Neal, "Regionalism: The Second-Best Option", St. Louis U. Pub. L. Rev, 28 (2008)
- Powell, Stephen Joseph, "Is the WTO Quietly Fading Away? The New Regionalism and Global Trade Rules", Geo. J.L. & Pub. Pol’y, 9 (2011)
- Raynolds, Laura T., "Fair Trade: The Challenges of Transforming Globalization" (2007), Routledge
- "WTO-Reaches First Global Trade Deal" (2013)[URL]
- "The Future of the WTO: Addressing International Challenges in The New Millennium, WTO" (2004)[URL]
- "Recent Developments in Regional Trade Agreement" (2017)[URL]