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It is often alleged that PTAs involving the EC and the US include a significant number of obligations in areas not currently covered by the WTO Agreement, such as investment protection, competition policy, labour standards and environmental protection. The primary purpose of this study is...
Persistent link: https://www.econbiz.de/10005025516
The Most-Favored Nation clause (MFN) forbids Members of a trade agreement to discriminate between trading partners. It is typically seen as one of the main features of the multilateral trading system, and appears in several of the agreements in the World Trade Organization. There seems to be a...
Persistent link: https://www.econbiz.de/10005067557
The larger trading nations have been the main users of the WTO Dispute Settlement system during its first four years of existence (1995-1998). This has prompted a debate about whether the DS system is biased against smaller and poorer countries, for example, because of a lack of legal capacities...
Persistent link: https://www.econbiz.de/10005788915
This paper argues that further moves to liberalize trade and to implement existing GATT disciplines may have a greater impact on global competition than the pursuit of harmonized multilateral competition policy disciplines. It also suggests that current GATT rules and case law provide scope for...
Persistent link: https://www.econbiz.de/10005123610
This paper explores the possibility of governments seeking to agree to apply competition policy-based considerations and disciplines in the context of unfair trade allegations before turning to `standard' antidumping remedies. The premise of proponents of antidumping action is that the existence...
Persistent link: https://www.econbiz.de/10005497812
Plurilateral agreements in the WTO context allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories, and thus allow for ‘variable geometry’ in the WTO. Current WTO rules make it much more difficult to pursue the plurilateral route than to...
Persistent link: https://www.econbiz.de/10011084054
This paper discusses the Fedon case law of the European Court of Justice (ECJ), which involved a claim for compensation by Fedon (an Italian producer of eye glass cases) from the EU for the imposition of WTO-authorized retaliatory trade barriers by the United States following the failure by the...
Persistent link: https://www.econbiz.de/10011084063
With the reintroduction of agriculture and textiles and clothing into the GATT, the absence of general rules on procurement has become the major `hole' in the coverage of the GATT. This paper provides an analysis of the new Government Procurement Agreement that was negotiated between a subset of...
Persistent link: https://www.econbiz.de/10005791218
This paper analyses how the competition authorities in the Czech republic, Poland and Hungary (CPH) have dealt with the interface between trade and competition in their actual practice. The following findings emerge: (i) There has not been any significant conflict in the allocation of...
Persistent link: https://www.econbiz.de/10005792198
This paper explores options for governments of Central and East European countries to increase the sensitivity of competition law enforcement to trade and investment policy, thereby supporting a liberal trade policy stance. The competition laws of these countries tend to resemble European Union...
Persistent link: https://www.econbiz.de/10005661797