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Recent years have seen an increased focus on the implementation of Preferential Trade Agreements (PTAs). While the number of PTAs has risen remarkably since early 2000, data on the utilization of preferential tariffs under these agreements point out that some businesses have not gained access to all the benefits that PTAs can provide. When utilization rates are low, the impact of the agreement will likely differ from what was anticipated by ex-ante economic research. This paper conducts a dynamic Computable General Equilibrium (CGE) analysis of the expected impact of the EU–Japan Economic Partnership Agreement and compares a scenario that includes realistic preference utilization data with a standard scenario where all tariff liberalization is assumed to be fully utilized by businesses. The results show considerable differences between the two scenarios and illustrate the need to make the inclusion of credible utilization data standard practice in the modelling of international trade.
The Australian debate over Investor-State Dispute Settlement (ISDS) sharpened in 2023 because Australian mining billionaire Clive Palmer, having previously registered his mining company in Singapore, has claimed to be a Singaporean investor. He is using ISDS provisions in the 2012 ASEAN-Australia-New Zealand Free Trade Agreement and the amended 2017 Singapore-Australia Free Trade Agreement to sue the Australian government for a total of A$410 billion in three separate claims. This article uses Cox’s critical theory framework developed by Schneiderman to explain the historical development and power dynamics of ISDS, the contest between its business supporters and social movement critics, and the impact of this contest on governments. It then analyses the Palmer claims and explores the global debate about ISDS, including its increased use by fossil fuel companies against government regulation of carbon emissions, which has led to increased resistance from social movements and governments. ISDS is also being reviewed by the United Nations and World Bank institutions which provide arbitrators for its tribunals and by the Organisation for Economic Co-operation and Development. The conclusion assesses the debate over whether ISDS can be reformed and its future viability.
The mushrooming of trade agreements and their interlinkages with environmental governance calls for new research on the trade and environment interface. The more than 700 existing preferential trade agreements (PTAs) include ever more diverse and far-reaching environmental provisions. While missed opportunities remain and harmful provisions persist, numerous environmental provisions in PTAs entail promising potential. They promote the implementation of environmental treaties and cover numerous environmental issues. New concepts, data, and methods, including detailed content analysis across multiple institutions, are needed to explain these interlinkages and understand whether and how PTAs with environmental provisions can contribute to tackling global environmental challenges. Making use of the most extensive coding of environmental provisions in PTAs to date and combining quantitative data with qualitative analyses, this Element provides a comprehensive yet fine-grained picture of the drivers and effects of environmental provisions in PTAs. This title is also available as Open Access on Cambridge Core.
The chapter explores the question of how different domestic and international law approaches to regulating the international transfer of personal data deal with cybersecurity threats. It examines the 2016 EU General Data Protection Regulation, the 2021 UK National Security and Investment Act, and the 2018 United States, Mexico and Canada Agreement, as representing distinct approaches for regulating international data transfers, namely data protection legislation, investment screening legislation, and digital trade agreements. The analysis demonstrates that a lack of uniformity in terms of what constitutes an adequate level and design of data protection mechanisms has left the issue of how to distinguish between acceptable and non-acceptable data-transfer restrictions largely unresolved.
In the recent years, there has been an upsurge in the number of countries that are mainstreaming gender equality concerns in their trade and investment agreements. These recent developments challenge the long-standing assumption that trade, investment, and gender equality are not related. They also show that gender mainstreaming in trade and investment agreements is here to stay. However, very few countries – mostly developed countries – have led this mainstreaming approach and have made efforts to incentivize other countries to negotiate gender-responsive trade and investment agreements. The majority of developing countries are yet to take their first steps in negotiating such policy instruments with a gender lens, and their hesitation can be grounded in various reasons including fears of protectionism, lack of data, paucity of understanding and expertise, and, more broadly, constraints relating to their negotiation capacity. Moreover, the inclusion of gender-related concerns in the negotiation of such agreements has deepened and widened the negotiation capacity gap between developed and developing countries. In this article, the authors attempt to assess this widening negotiation capacity gap with the help of empirical research, and how this capacity gap can lead to disproportionate and negative repercussions for developing countries more than developed countries.
Foreign direct investment (FDI) inflows can lead to more opportunities for women in the job market but may also exacerbate gender disparities. While gender mainstreaming in trade agreements has been extensively discussed over the past few years, demonstrating the need for reform, the discussion on gender mainstreaming in investment treaties is incipient, although extremely interesting. The inclusion of gender provisions in investment treaties is one of the pillars for a successful strategy to overcome gender inequality. It needs to be addressed along with gender policies by multinational enterprises (MNEs) leading the foreign investment process. This chapter aims to address the role of women as levers of change and the opportunity for MNEs to be the drivers of this change. To this end, it reviews the recent evolution of gender provisions in investment agreements and demonstrates how FDI can foment much-needed change by providing examples of actions and policies by MNEs in the Americas towards promoting more opportunities for women.
With the narrowing space between international trade and domestic policy, the topic of women’s empowerment1 is increasingly becoming part of mainstream discussions in global governance circles. Indeed, renewed attention is now being paid to how international trade policies may impact gender equality.2 Recently, multiple studies have demonstrated that trade policy is not gender-neutral.3 Trade policies create both ‘losers’ and ‘winners’, as they benefit some and leave others behind.4 The distributional outcomes of trade can vary between women and men, since they play different roles in society, markets, and the economy, and they enjoy different opportunities.5 Hence, if trade policies are designed without taking into account their impact on gender powers and opportunities, these policies can magnify the existing gender gaps.6
A gender-responsive trade policy can lift obstacles faced by women in trade through, for instance, financial and non-financial incentives, or by providing access to trade-related infrastructure, especially in rural areas. Trade policies can create new opportunities for women entrepreneurs and female farmers, and for women to enter the workforce, in export sectors. In light of these opportunities, the chapter seeks to explore how capabilities for women can be expanded and enforced in global trade. Among other things, the research will delve into the ability of trade agreements to contribute to gender equality. Specifically, the chapter analyses these issues from the institutional aspect of the World Trade Organization (WTO) and its role in designing gender-inclusive trade policies and monitoring such policies through the Trade Policy Review Mechanism (TPRM).
Trade policies create both 'winners' and 'losers', as some actors stand to benefit and others are left behind. More often than not, it has been women who have borne the negative impacts of international trade policy and it is thus imperative that future trade policy is negotiated and implemented with an eye toward women's interests. This collection represents an innovative systematic evaluation of the debate relating to international trade law, policy, and gender equality. It analyses the role of WTO as a trade policy setter, current debates and possibilities for gender-inclusive trade agreements and emerging topics such as e-commerce and gender-responsive standards. With a range of interdisciplinary contributions and national and regional case studies, this collection offers a comprehensive, up-to-date analysis of the intersections between trade law and gender, and is vital to ensuring that both men and women 'win' from trade policy in the future. This title is also available as Open Access on Cambridge Core.
China, the EU and the United States are the world’s largest traders, and many of the tensions in the trading system arise in the relations among them. Our premise is that reforming WTO is a necessary condition for the organization to be a more salient forum for the three large economies to address trade tensions, and that agreement among these three trade powers in turn is necessary to resolve the problems of the WTO. After a brief discussion of the global challenges that ought to be on the WTO agenda and of the systemic context, we discuss both how China understands WTO reform and how the other two leading powers see the China problem in the WTO. We consider how the three see transparency, plurilateral negotiations, economic development differences, fisheries and industrial subsidies, WTO working practices, and dispute settlement. We conclude by considering the implications of our analysis for fostering cooperation between the three major trade powers in the WTO.
The negotiation of the free trade agreement (FTA) between Australia and the United Kingdom promised to integrate trade and climate policies. As a leader of the United Nations Framework Convention on Climate Change (UNFCCC) conference in Glasgow, the UK seemed well-placed to exert pressure on Australia, a country that was yet to embrace a target of net zero emissions by 2050. This article asks whether the FTA achieves this aim. It explains the link between trade liberalisation and climate change, referring to the scale and composition of economic activity and drawing upon examples from energy, agriculture, building and transportation sectors, as well as strategic factors. It provides an original analytical framework to assess the FTA's contributions to climate change goals, pointing to: (1) provisions to strengthen climate commitments, including net zero targets; (2) provisions to facilitate trade and investment in climate-related areas; and (3) provisions relating to enforcement and cooperation. It compares selected initiatives of other FTAs, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the European Union–Canada Comprehensive Economic and Trade Agreement (CETA), the UK–New Zealand FTA and the Singapore–Australia Green Economy Agreement. It reviews the FTA's negotiating process and its aftermath, including complaints about public participation. The article's conclusion that the FTA makes minimal contribution to climate change mitigation has implications for the broader quest for mutually supportive trade and climate policies, and, now that a net zero target has been legislated by the newly elected Australian Parliament, for the FTA's future implementation.
In the context of the working-class backlash against free trade represented by Brexit, the recent surge of right-wing political parties in Europe and the 2016 US presidential election, it is timely to take stock of the threats to jobs and wages posed by recent negotiations over the Transatlantic Trade and Investment Partnership. The European Commission selectively relied on econometric analyses, predicting a positive impact of the Transatlantic Trade and Investment Partnership. Its proposed legal text on ‘Trade and sustainable development’ fell short of the European Parliament’s negotiating guidelines, which themselves failed to ensure protection of labour standards. The activities of corporate lobbies threatened the effective protection of workers’ rights. Major risks to workers’ rights are posed by discrepancies between US and European Union labour and social law and labour standards. The most recent legal text lacks compliance monitoring provisions and sanction mechanisms against member states failing to ratify core labour conventions. The investment court system does not resolve the problems of the discredited investor-state dispute settlement mechanism for which it is the proposed replacement. The year 2016 has provided a foretaste of the dislocation likely from trade and investment regulation that sees social and environmental standards and labour rights simply as barriers to corporate profits.
This article examines the Japan–Indonesia Economic Partnership Agreement, an agreement that has allowed Japan to supplement its local healthcare workforce while continuing to sidestep the thorny issue of labour and immigration policy reform and Indonesia to increase its skilled workers’ access to the Japanese labour market at a time when it was making a concerted effort to reorient migrant labour flows away from informal sector occupations. Despite the programme’s many problems, it has contributed to the use of trade agreements as a mechanism for regulating labour migration, and so to the normalisation of migrant labour as a tradable commodity rather than a discrete area of policy-making, with all the attendant risks that normalisation brings.
While witnessing the dismantling of a rule-based multilateral trading system, trade negotiators and diplomats in the US and the EU have revamped trade liberalisation through free trade agreements (FTAs). The failed TPP, TTIP, the renegotiation of NAFTA, and the rise of the Pacific Alliance in Latin America have put trade policy under scrutiny by media and civil society. As a result, trade negotiators have acquired new legal expertise in administrative and investment law to justify the need for innovative FTAs. As part of their limited negotiating capital, trade negotiators and diplomats have deployed neutral concepts of transparency and efficiency to justify the incorporation of domestic preferences. An analysis of the EU’s four Asian FTA transparency commitments offers insights into how national transparency mandates, together with geopolitical realities of international trade regimes, constitute the bargaining power of trade negotiators. The politicisation of legal expertise and trade negotiator’s negotiating capital creates a set of constraints and agency that allows for wiggle room in articulating, bargaining, and drafting what appears as neutral transparency provisions in FTAs.
This paper reviews the trade agreement landscape and argues that the conventional understanding of trade agreements as encapsulated in the WTO Agreements is now outdated. This misperception about trade agreements is not just an institutional insufficiency. Concentration on those agreements has led many practitioners and commentators to underestimate the variable texture of the global trade agreement fabric. But these shortcomings have not inhibited states from concluding innovative alternatives to regulate and manage the cross-border movement of goods and services. As this paper shows, trade-related agreements that do not fit the perceived traditional mold have proliferated. Given these advances, more policy and scholarly attention is required. Accordingly, this paper serves as a roadmap for the accommodation of trade agreements within the WTO and as an agenda for additional research.
Some protrade business interests that are against hard enforcement of labor and environmental provisions in trade deals may end up eventually supporting it, while others stick to their initial opposition. Why? When will their positions change? The existing literature would expect protrade interests to be more or less in favor of non-trade issues in trade policies according to how dependent on the international economy they are. However, longitudinal variation in export- and import-dependence does not suffice to explain change of the sort I am interested in. I argue that the position of protrade business interests change as they accumulate experiences on the negotiation/ratification of trade deals. To probe that argument, I present two paired comparisons analyzing the position of protrade business interests as pertains to the use of sanctions to enforce labor and environmental provisions in preferential trade agreements (PTAs) signed by Canada and Australia, and by the United States (US) and European Union (EU) between 1993 and 2019. My analysis points to the overall plausibility of my hypothesis and to avenues for future research. The paper helps understand the political activity of business interests on trade and sustainable development and can shed new light on the politics behind the design of social and environmental provisions in PTAs.
Since the Lisbon Treaty, the European Parliament (EP) has considerably increased its competencies in European Union (EU) trade policy. At the same time, a ‘new generation’ of free trade agreements (FTAs), including the Transatlantic Trade and Investment Partnership (TTIP) with the United States, Comprehensive Economic and Trade Agreement (CETA) with Canada, and the agreement with Japan, have been negotiated by the European Commission. Although existing literature has tackled the process of the EP's institutional self-empowerment in this policy area, there is no systematic research investigating the lines of conflict within the EP over FTAs. Through a newly collected dataset of all EP plenary debates between 2009 and 2019 on six relevant FTAs, we extract EP Members’ (MEPs) preferences by means of a manual textual analysis. We then test the explanatory power of the two traditional lines of cleavages within the EP over MEPs stated preferences: position on the left-right axis and support for EU integration. We find that both these dimensions fundamentally shape the conflict in the EP over FTAs. The impact of these two ideological cleavages is magnified in the context of politicized FTAs, namely the TTIP and CETA. Through these findings, the paper significantly contributes to the research on competition in the EP and, more broadly, to the understanding of EU trade policy and its emerging politicization dynamics.
Chapter 23, exclusively dedicated to labor protection, has been widely described as one of the most distinctive features of the new US–Mexico–Canada Agreement (USMCA). This paper challenges the current narrative surrounding the USMCA by critically analysing Chapter 23 of the agreement, looking at the legal innovative design of its substantive commitments of labour protection and their enforceability. In light of this objective, a comparative analysis will be conducted. The provisions of Chapter 23 USMCA will be compared with labour provisions in previous US Preferential Trade Agreements (PTAs), namely, the NAFTA side agreement on labour rights and the TPP. Second, a comparative analysis will be conducted comparing USMCA Chapter 23 with labour provisions in EU Trade Agreements negotiated with USMCA parties. The paper demonstrates that although the USMCA does not radically innovate from the level of substantive labour protection reached in recent US and EU PTAs, the enforcement mechanism in the USMCA is significantly strengthened, with controversial and innovative features.
This chapter examines the new role of data in trade and explores how trade in data differs from trade in goods and services. It argues that data is different and may need a distinct set of rules. The chapter explores several analogies used by analysts to describe data as an input, which can help understand how data could be regulated.
Many executives and policymakers argue that trade agreements are the appropriate venue to govern cross-border data flows. The chapter discusses how trade policy-makers are regulating trade in data and how these efforts have created a regulatory patchwork.
Finally, an alternative approach is suggested, noting that any agreement must be built by and for the people whose data serve as its foundation. Before trade negotiators try to develop rules regarding cross-border data flows, they must acknowledge the special character of data and focus first on creating an effective enabling environment and building trust in that new economy by empowering people around the world to control their data.
The literature lacks consensus on the role of currency regimes in explaining external competitiveness. Countries not only differ in terms of currency regimes, but can also have different institutional arrangements, namely trade agreements and inflation targeting (IT) frameworks in addition to the overall quality of governance. Hence, using the real effective exchange rate and by covering 35 developing countries over the period 1975–2014, we investigate the role of currency regimes in explaining the degree of misalignment while considering institutional factors. First, we find that intermediate regimes limit the currency misalignment with greater financial openness (FO). Second, non-reciprocal preferential trade agreements improve price competitiveness, whereas free trade and reciprocal ones can only be beneficial with a higher degree of FO. Third, misalignments in fixed regimes decline in the presence of stronger institutions or in countries with an IT type of monetary policy framework. The above results remain robust to alternative specifications.