International trade policies and...
Transcript of International trade policies and...
International Economic and Trade Law
Laws on FTA and ODA issues
General Introduction to the Class
What will we do?
• The objectives of the class
- Introducing the concept of Free Trade Agreements in the paradigm Regionalism
- Analysing several sub-topics in relation to the FTAs issues
- Finding the legal frameworks on the FTAs
- Issuing the international laws and national laws on the FTAs
What will we do?
• The objectives of the class
- What is the basic concepts of the International Development and Cooperation or ODA in the international society?
- How do they make their International agreements for the issue?
- Can we make a good law for the International Development Cooperation?
- What are the Korean issues on the development?
- Are there many Korean laws on the issues?
Lecturer
• Dr. Bongchul Kim, 김봉철
- Professor of DIS and College of Law
- Director of Career Development Centre at HUFS / Deputy director of the EU Centre at HUFS
- Ph.D in Law (King’s College London, University of London)
- MA and BA in Law (HUFS)
• Faculty building 440
- 010-8606-6597/02-2173-3190
The course 1
• Languages
- English
- Is it needed the ‘highest’ level of the languages for the class? – ‘No’
• Lecture and discussion
- Please do not feel any pressure!
The course 2 (Evaluation)
• Half and half rule (exam 1 and 2)
- mid-term and final
- less than 30% each
• Research essay (Paper work)
- about 20%
• Attendance (important!)
- more than 20%
The course 3
• Textbooks
- Bongchul Kim, Trade Remedy Regulations in RTAs, Lambert Academic Publishing, 2011
- Bongchul Kim, "Lectures on RTAs and FTAs", 한국학술정보, 2009
- 국제개발협력의 이해(Understanding international development cooperration), 한국국제협력단, 2009
- more textbooks
• The PPTs for the lectures
- “E-class”
- You may get before the class
- Therefore…
The concept of the International Economic and Trade Law
• One field of International Law
- Regulation of International Economic Issues
• Based on the normal frames of International Law
- Legal or Logical (such as Economic/Political) theories
- Under the negotiations and policies of countries
- Making agreements among the certain countries
- For International economy and development, Benefits of countries, Fair trade and competition… etc.
- Dealing the systems of international institutions
(such as the WTO, OECD and the World Bank…)
• Related to National laws
FTA and Law
Multilateralism vs. Regionalism
The GATT and WTO system
Origins and Overview
The Background of the modern International Trade Law
• The modern International Economic Law
- Post World War II
- New International Economic Cooperation and Multilateral System
• For open trade, reducing
- High tariffs
- Discriminatory economic arrangements
- Import quotas
- Global depression
• The idea of the ITO (International Trade Organisation) - As a UN agency institution
The International Trade Organisation, ITO
• The Bretton Woods Conference (1944)
- Successfully made the International Monetary Fund(IMF)
- Also proposed the need for a international institution for trade
• The proposal of the ITO idea by the US (1946)
- The United Nations Economic and Social Committee adopted a resolution for the ITO
• The Havana Charter for the ITO
- Successful negotiations on the ITO (Havana) Charter
- Providing for the establishment of the ITO and the basic rules for international trade or economic matters
- However, never entered into force (without the approval of the US Congress)
The GATT
• The General Agreement on Tariffs and Trade (GATT)
- The negotiations at the same time with the negotiations on the ITO
- Signed in 1947
• The function: “Almost by accident”
- The absence of the ITO or any international organisations for trade
• Not a ‘institution’ but a ‘rule’
- Originally the “Agreement” : International Economic Law for trade issues
- Practical multilateral international institution for trade
- Transforming itself into a de facto international organisation
- Gradually becoming the stage for the international governmental cooperation on trade/economic matters
The GATT and the Rounds
• 1947-1994
- As the practical institution for the international trade issues
- As the source of International Economic Law (still important law in the WTO system)
• 8 Rounds
- Rounds : Multilateral negotiations for making International Economic (Trade) Laws
- 7 Rounds occurred under the GATT system reducing many types of trade barriers
- The last Round(UR) produced the WTO
• The Uruguay Round (1986-1993)
- 123 countries took part in the Round
The WTO
• With the Uruguay Round
- The new Multilateral System (WTO)
- The new fields/topics such as agriculture and services...
• WTO : World Trade Organisation (1995) - The successor to the GATT system
• The real International ‘Institution’ - Similar to the function/idea of the ITO - Using the WTO rules (including the GATT and many more International
Economic/trade laws)
- Global-level (real Multilateral institution with more than 150 members)
• The new Rounds (Doha Round) - Launched in 2001
Multilateralism in the Law
• By many countries
- Not just between/among the neighbouring countries
- From 23(the first Geneva Round) to more than 150(the WTO Members)
• On many issues
- Not just tariffs rates or trade barriers
- Other trade related issues such as environment, agriculture, service, intellectual property…
• For common legal systems (the WTO)
The WTO The symbol of Multilateralism
• The WTO was born out of multilateral negotiations (Rounds)
• Multilateral Organisation
- For the regulation of international trade in the multilateral ways
• Forum for governments to deal or negotiate many trade issues
- Such as the Doha Development Agenda (DDA)
- Building the new provisions to the field of the international trade law
• Dispute Settlement Place
- Producing ‘case laws’ for the multilateral regulations
Principles of the WTO system
• Trade without discrimination
- MFN(Most Favoured Nations) treatment: treating other people equally
- National treatment: treating foreigners and locals equally
• Freer trade
- gradually, through negotiation
• Predictability
- through transparency
• Promoting (practical) fair competition
• Encouraging development (aid) and economic reform
The WTO Agreements
• Institutionalise the multilateral trading system
- Making the ‘rules-based WTO’
• Covering many dimensions of trade
- Trade in goods, trade in services and intellectual property…
• The WTO Agreements
- About 60 agreements and many other rules such as annexes, decisions and understandings
- The GATT 1994 (revision of the GATT 1947 in the WTO system, main rules for trade issues)
- Other agreements
Regionalism
New Paradigm
in International Economic Law
The terms
• Regionalism
- ‘actions by governments to liberalise or facilitate trade on a regional basis, sometimes through free trade agreements(areas) or customs unions’
- Regulations of the international economic/trade issues by the regional international laws in a certain area
- Common rules for ‘their’ trade with making friends in a region
• New trend of Regionalism
- Preferencialism or Crossing the regions
- Not on a certain area
Regional Trade Agreements
• Regional Trade Agreements(RTAs)
- ‘any types of trade agreements between two or more customs territories (countries) within (or across regions) where the trade barriers are reduced or eliminated’
- Based on the concept of Regionalism
- Common rules for regulation of the trade(moreover, other international economic issues) in a certain region
• Recently,
- New RTA types : Preferential Trade Agreement
- Across regions
Similar words to RTAs
• Preferential Trade Agreements (PTAs)
- Not just a certain region
- For making preferential trade environments
• Regional Integration Agreements (RIAs)
- Making (economic/trading) ‘block’
- For the integration of the countries or region(s)
• Bilateral Trade Agreements (BTAs)
- Trade agreement between two partners
- Basic concept for an RTA or a PTA
- ‘Trilateral’ or ‘Quadrilateral’? (to Multilateral)
The Importance of RTAs in International Trade
• Before the WTO system (1988-1992)
- Preferential Trade under RTAs represented 40% of world Trade
• During the period of the WTO (1993-1997)
- 42%
• In 2005
- 52. 5%
MTAs vs. RTAs
MTAs RTAs
• Based on - Liberalism - Multilateralism • To build a unified and integrated global system - WTO
• Based on - Regionalism - Bilateralism • To be a exclusive club - ‘them versus us’ - FTA
Thanks