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Essays on the Influence of International Agreements

Chilton, Adam Stuart
Fonte: Harvard University Publicador: Harvard University
Tipo: Thesis or Dissertation
Português
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Since World War II, states have negotiated a staggering number of bilateral and multilateral international agreements. Despite that fact, scholars of international relations and international law have only recently begun to take the idea that these agreements can have important influences on domestic policies and international affairs seriously. This dissertation is comprised of five essays that all try to do exactly that, and hopefully in the process, help improve our understanding of the influence of bilateral and multilateral international agreements on state behavior. The first three essays examine compliance with the laws of war and international human rights treaties. Chapter 2 shows that prior ratification of treaties on the laws of war is a strong predictor that a country will be less likely to kill civilians during intrastate wars, and suggest that there may be a causal relationship between ratification and lower levels of mass violence against civilians for transitioning democracies. Chapter 3 conducts a randomized survey experiment to test whether information on the status of international law changes public opinion on violations of the laws of war, and produces results showing that international law does change public opinion—especially when the other side has committed to following the laws of war. Chapter 4 uses a randomized experiment to test the theory that domestic politics drives compliance with human rights treaties...

Acordos internacionais sobre a produção compartilhada de recursos naturais: a unitização interestatal na área do petróleo e gás sob o enfoque constitucional brasileiro

Oliveira, Diogo Pignataro de
Fonte: Universidade Federal do Rio Grande do Norte; BR; UFRN; Programa de Pós-Graduação em Direito; Constituição e Garantias de Direitos Publicador: Universidade Federal do Rio Grande do Norte; BR; UFRN; Programa de Pós-Graduação em Direito; Constituição e Garantias de Direitos
Tipo: Dissertação Formato: application/pdf
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The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute...

Financial Services and Preferential Trade Agreements : Lessons from Latin America

Haddad, Mona; Stephanou, Constantinos
Fonte: World Bank Publicador: World Bank
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46.45%
This book deals with financial liberalization issues in the context of trade negotiations. The liberalization of trade and investment in financial services is only a subset of the broader financial liberalization agenda. The purpose of trade and investment liberalization is to increase financial market access and remove discriminatory and other access-impeding barriers to foreign competition. By contrast, the main purpose of financial liberalization is to remove distortions in domestic financial systems that impede competition and the allocation of capital to its most productive and profitable uses. In turn, financial liberalization can be divided into domestic financial reform and capital account opening, and there is a rich literature on its appropriate speed and sequencing. The first part of the book covers the fundamental principles that affect trade liberalization in financial services at both the multilateral and the regional levels. It analyzes the various models of preferential trade agreements (PTAs) used by negotiators and the architectural differences of these models. The second part of this book provides concrete examples of how countries have negotiated these agreements by focusing on the specific country experiences of Chile...

Towards a Regional Strategy to Strengthen the Nurse Workforce of the English-speaking CARICOM : International Legal Instruments, Agreements and Obligations

World Bank
Fonte: World Bank Publicador: World Bank
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The supply of nurses in the English-Speaking Caribbean is insufficient to meet the demand with growing shortages fuelled by the health needs of a rapidly aging population and tremendous losses of human capital occurring at multiple points in the markets. In defining the scope of commitments of a regional legal agreement, English-Speaking Caribbean Community (ES CARICOM) states will have to ascertain whether states would commit to actions to strengthen the nurse workforce or the health workforce more broadly. While the challenges of strengthening the nurse workforce have been systematically assessed, information about other groups of health professionals remains patchy. In 2008, at the request of the Ministers of Health, the World Bank initiated a stream of work to strengthen the nurse workforce in the English-speaking Caribbean. The study estimated the stock of nurses in the ES CARICOM at approximately 7,800 in 2007 with growing shortages under existing policies at 3,400 in 2007 increasing to 10,700 nurses in 2025 due to the health needs of a rapidly aging population. There are two types of international legal instruments: legally binding instruments or treaties; and non-legally binding instruments.

Beyond Market Access : The New Normal of Preferential Trade Agreements

Chauffour, Jean-Pierre; Maur, Jean-Christophe
Fonte: Banco Mundial Publicador: Banco Mundial
Português
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46.55%
This paper takes stock of the growing success of preferential trade agreements. It revisits what are the defining characteristics of modern preferential trade agreements, which are typically pursued for a diverse array of motives. In particular, the market access justification traditionally used to analyze the desirability and impact of preferential trade agreements misses increasingly important dimensions. The "Beyond Market Access" agenda of preferential trade agreements presents a new and broad set of deep regulatory and policy issues that differs in substance from the removal of tariff and quantitative barriers to trade. Issues related to preferences and discrimination, as well as the nature and implementation of commitments acquire a different meaning in deep preferential trade agreements. This change of paradigm presents significant opportunities and challenges for reform-minded developing countries to use preferential trade agreements to their own advantage.

Financial Services and Trade Agreements in Latin America and the Caribbean : An Overview

Goncalves, Marilyne Pereira; Stephanou, Constantinos
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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46.51%
The authors review the international framework governing trade in financial services, describe the treatment of financial services in recent trade agreements involving Latin America and Caribbean countries, and analyze the liberalization commitments made in three selected country case studies-Chile, Colombia, and Costa Rica. They give emphasis to free trade agreements because of the generally deeper level of liberalization and rule-making achieved to-date. The authors discuss some of the causes and potential implications of their findings.

Towards a Regional Strategy to Strengthen the Nurse Workforce of the English-speaking CARICOM : International Legal Instruments, Agreements and Obligations

Kurowski, Christoph; Carpio, Carmen; Vujicic, Marko; Gostin, Lawrence O.; Baytor, Tanya
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
46.48%
The supply of nurses in the English-Speaking Caribbean is insufficient to meet the demand with growing shortages fuelled by the health needs of a rapidly aging population and tremendous losses of human capital occurring at multiple points in the markets. In defining the scope of commitments of a regional legal agreement, English-Speaking Caribbean Community (ES CARICOM) states will have to ascertain whether states would commit to actions to strengthen the nurse workforce or the health workforce more broadly. While the challenges of strengthening the nurse workforce have been systematically assessed, information about other groups of health professionals remains patchy. In 2008, at the request of the Ministers of Health, the World Bank initiated a stream of work to strengthen the nurse workforce in the English-speaking Caribbean. The study estimated the stock of nurses in the ES CARICOM at approximately 7,800 in 2007 with growing shortages under existing policies at 3,400 in 2007 increasing to 10,700 nurses in 2025 due to the health needs of a rapidly aging population. There are two types of international legal instruments: legally binding instruments or treaties; and non-legally binding instruments.

Quantitative Analysis of Road Transport Agreements (QuARTA)

Kunaka, Charles; Tanase, Virginia; Latrille, Pierre; Krausz, Peter
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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Road freight transport is indispensable to international economic cooperation and foreign trade. Across all continents, it is commonly used for short and medium distances and in long distance haulage when minimizing time is important. In all instances governments play a critical role in ensuring the competitive advantage of private sector operators. Countries often have many opportunities to minimize the physical or administrative barriers that increase costs, take measures to enhance the attractiveness and competitiveness of road transport, or generally nurture the integral role of international road freight transport in the global trade logistics industry. Road freight transport is critical to domestic and international trade. It is the dominant mode of transport for overland movement of trade traffic, carrying more than 80 percent of traffic in most regions. Generally, nearly all trade traffic is carried by road at some point. Therefore, the cost and quality of road transport services is of critical importance to trade competitiveness of countries and regions within countries. In fact...

A Review of International Legal Instruments : Facilitation of Transport and Trade in Africa, Second Edition

de Matons, Jean Grosdidier
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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46.56%
This is the second edition of the 2003 paper entitled "Facilitation of transport and trade in Sub-Saharan Africa : a review of international legal instruments - Treaties, conventions, protocols, decisions, directives." Three major reasons motivated this update and an expansion of its scope. First, African countries are increasingly cooperating, especially in the area of corridors, to achieve full connectivity, mobility and accessibility. To that end, they are concluding new agreements and conventions. Second, this new edition has been extended to the whole of the African continent, including the Maghreb, which was not in the previous inventory. Third, air transport and associated agreements and conventions were added at the request of countries. Indeed, the future of air transport in Africa is bright. It is likely that it becomes an affordable mode of transport to reach remote areas.

Trade Agreements and Enforcement

Bown, Chad P.; Reynolds, Kara Marie
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Trabalho em Andamento
Português
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56.38%
This paper examines the implications of the terms-of-trade theory for the determinants of outcomes arising under the enforcement provisions of international agreements. Like original trade agreement negotiations, the paper models formal trade dispute negotiations as potentially addressing the terms-of-trade externality problem that governments implement import protection above the globally efficient level so as to shift some of the policys costs to trading partners. The approach is to extend earlier theoretical models of trade agreement accession negotiations to the setting of enforcement negotiations in order to guide the empirical assessment. The paper uses instrumental variables to estimate the model on trade volume outcomes from World Trade Organization (WTO) disputes over 1995–2009. The evidence is consistent with theoretical predictions that larger import volume outcomes are associated with products that have smaller increases in foreign exporter-received prices (terms-of-trade losses for the importer) as a result of the dispute...

On ‘Middle Ground’. The European Community and Public International Law

SCHUTZE, Robert
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 288402 bytes; application/pdf; digital
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Does the Community legal order constitute a closed ‘self-contained regime’ or will it be an ‘open system’? While founded on the basis of an international treaty, the European Community still had to determine – not unlike national legal orders – the effects of public international law in its ‘domestic’ sphere. Has the Community legal order thus assumed an ‘autonomous’ position vis-à-vis general international law? And if so, what is the status and effect of international norms in the Community legal order? This chapter discusses these issues by analysing the constitutional regime developed for international treaties concluded by the Community and customary international law. The second part changes perspective and investigates when the Community has considered itself materially bound by international agreements concluded by its Member States via the doctrine of functional succession. In general, the Community’s constitutional choice vis-à-vis public international law has a federal dimension: placed on systemic ‘middle ground’, the EC legal order may potentially operate as a conduit for the incorporation of international law in the national legal orders of its Member States.

Member States as Trustees of the Community Interest: Participating in International Agreements on Behalf of the European Community

CREMONA, Marise
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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56.3%
This paper discusses the legal effects of a seemingly paradoxical situation: an international agreement falls at least in part within the exclusive competence of the Community, and yet the Member States are parties to the agreement and the Community is not. This situation, while not common, is not as unusual as we might imagine. It may occur for several reasons: it may be decided that it is in the Community interest, for political or other reasons, that the Member States rather than the Community should participate; it may be the case that only States, and not regional economic integration organisations (REIOs) such as the EC, are entitled to participate; it may be that when the agreement was originally concluded the Member States were competent - since then, however, EC exclusivity has ‘supervened’. In cases such as these the European Court of Justice has taken the view that the Member States party to the agreement are acting on behalf of the Community, and in its interests. The legal questions explored in this paper arise out of the fact that the international agreement is not formally a ‘Community agreement’ within the scope of Article 300 EC and thus the matters regulated by that provision, including the binding nature of the agreement as far as the Community is concerned...

Performance Measurement under Rational International Overpromising Regimes

von Furstenberg, George
Fonte: Center for Applied Economics and Policy Research Publicador: Center for Applied Economics and Policy Research
Tipo: Trabalho em Andamento Formato: 46282 bytes; application/pdf
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Overpromising remains ingrained in international agreements, clouding their expected aggregate outcomes and how to assess the Parties’ performance. This paper provides a theory-based explanation and evaluation of this regime and its consequences, with an empirical application to the Kyoto Protocol. It shows (1) overpromising to be part of a sustainable strategy for electoral success, and (2) there are common determinants of the countries’ overpromising values that characterize the group regime. (3) Targets need to be adjusted for regression-predicted overpromising to yield rationally-expected outcomes. (4) Individual countries’ performance is best identified by deviations of outcomes from their adjusted, not the agreed, targets.

Deep Trade Agreements and Vertical FDI; The Devil Is in the Details

Osnago, Alberto; Rocha, Nadia; Ruta, Michele
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Working Paper; Publications & Research :: Policy Research Working Paper; Publications & Research
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Recent data show that the institutional content of preferential trade agreements has evolved over time. Although pre-1990s preferential trade agreements mostly focused on tariff liberalization, recent agreements increasingly contain deep provisions in diverse areas, such as intellectual property rights, investment, and standards. At the same time, there has been a remarkable increase in the internationalization of production through foreign direct investment and outsourcing. This paper employs the Antràs and Helpman (2008) model of contractual frictions and global sourcing to study how deep trade agreements affect the international organization of production. The paper constructs new measures of the depth of preferential trade agreements and of vertical foreign direct investment to test the theory. Consistent with the model, the analysis finds evidence that the depth of trade agreements is correlated with vertical foreign direct investment, and that this is driven by the provisions that improve the contractibility of inputs provided by suppliers...

A Negotiator's Guide to Regional Trade Agreements : Considerations from an East Asian Perspective

Baller, Silja; Sergi, Gregory
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Economic & Sector Work :: Other Poverty Study; Economic & Sector Work
Português
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46.52%
This report maps out the evolving architecture of regional trade agreements concluded by the major trading countries and the countries of East Asia. The report first looks at a group of systemic issues - preferential rules of origin, dispute settlement and trade remedies - and subsequently turns to substantial provisions on market access, intellectual property rights, and competition policy. It also briefly examines the nascent stage of environment and labor clauses. As most favored nations (MFN) tariffs continue to fall, tariff reductions are starting to play a less important role in negotiations with the focus increasingly shifting to regulatory issues. Another notable feature of regional trade agreements (RTAs) negotiated today is that their geographical reach has begun to extend far beyond the traditional close proximity of AFTA, EU, or NAFTA - often making the term "RTA" a misnomer. The goal of this report is to establish patterns and directions across a range of issues covered in RTAs today which are relevant for East Asian policy makers. The report hence looks at pertinent systemic and substantial provisions currently included in RTAs: the first half includes chapters on rules of origin...

A Negotiator's Guide to Regional Trade Agreements : Considerations from an East Asian Perspective

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Other Poverty Study; Economic & Sector Work
Português
Relevância na Pesquisa
46.52%
This report maps out the evolving architecture of regional trade agreements concluded by the major trading countries and the countries of East Asia. The report first looks at a group of systemic issues - preferential rules of origin, dispute settlement and trade remedies - and subsequently turns to substantial provisions on market access, intellectual property rights, and competition policy. It also briefly examines the nascent stage of environment and labor clauses. As most favored nations (MFN) tariffs continue to fall, tariff reductions are starting to play a less important role in negotiations with the focus increasingly shifting to regulatory issues. Another notable feature of regional trade agreements (RTAs) negotiated today is that their geographical reach has begun to extend far beyond the traditional close proximity of AFTA, EU, or NAFTA - often making the term "RTA" a misnomer. The goal of this report is to establish patterns and directions across a range of issues covered in RTAs today which are relevant for East Asian policy makers. The report hence looks at pertinent systemic and substantial provisions currently included in RTAs: the first half includes chapters on rules of origin...

North-South Standards Harmonization and International Trade

Disdier, Anne-Célia; Fontagné, Lionel; Cadot, Olivier
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
46.52%
Recent years have seen a surge in economic integration agreements (EIAs) and the development of non-tariff measures (NTMs). As a consequence, a growing number of EIAs include provisions on NTMs. However, little attention has been given in the literature to the effects of NTM liberalization in the context of EIAs. In this paper, we focus on provisions for technical regulations and analyze whether the North-South harmonization of technical barriers affects international trade. Using a gravity equation, it tests whether, as a result of the deep integration associated with standards provisions included in the EIA, the Southern partners' trade expands with the North, but at the expense of their trade with non-bloc Southern partners. Empirical results provide strong support for this conjecture. Moreover, harmonization on the basis of regional standards negatively impacts the exports of developing countries to the North.

Le droit du commerce international des organismes génétiquement modifiés (OGM) agricoles médicaux : les perspectives d'encadrement normatif

Manga, Sylvestre-José-Tidiane
Fonte: Université de Montréal Publicador: Université de Montréal
Tipo: Thèse ou Mémoire numérique / Electronic Thesis or Dissertation Formato: 14258582 bytes; application/pdf
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Les organismes génétiquement modifiés (OGM) agricoles à vocation médicale constituent la catégorie la plus complexe, la plus innovatrice et la plus futuriste des biotechnologies agricoles. Pour cela, les OGM agricoles médicaux constituent l'échantillon parfait d'une recherche complète sur le principe de précaution et les perspectives normatives des applications médicales de cette innovation technologique. La contribution de cette recherche, à la prévention du risque biotechnologique potentiel associé au commerce international de tels produits agricoles, réside sur la proposition d'une approche d'harmonisation dite simultanée convergente des régimes juridiques applicables à la double vocation agricole et médicale de tels organismes. L'approche est simultanée en ce qu'elle n'exclue ni ne subordonne un instrument par un autre. Elle est convergente en ce que tous les cadres normatifs applicables convergent, dans leur complémentarité, vers la libéralisation du commerce international des OGM agricoles dans la prévention du potentiel risque biotechnologique. Pour articuler la proposition d'harmonisation, nous avons proposé un principe directeur qui est la primauté durable de la santé publique sur le commerce. Ce principe est en réalité la dimension environnementale et biosécuritaire du principe de primauté de la santé publique sur le commerce...

Issue Linkage, Delegation, and International Policy Cooperation

Spagnolo, Giancarlo
Fonte: Universidade de Cambridge Publicador: Universidade de Cambridge
Tipo: Trabalho em Andamento Formato: 800036 bytes; application/pdf; application/pdf
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How many international agreements should there be, and who should sign them? When policy issues are separable, linking them in a ?grand international agreement? facilitates policy cooperation by reallocating slack enforcement power. When policy issues are substitutes, issue linkage further facilitates policy cooperation by increasing the amount of available enforcement power. The contrary happens when issues are complements. Then a better strategy can be to delegate policy issues to diferent independent national agencies. Constitutional rules that permit credible delegation to agents with dfferent objectives from governments facilitate international cooperation by generating stronger credible threats. Implications for multilateral agreements are discussed.

The role of the competition law and policy of the EU in the formation of international agreements on competition.

Papadopoulos, Anestis S
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //2008 Português
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Competition law is a tool first employed by countries more than a hundred years ago, to address issues relating to restrictions on competition conducted by private firms. Competition law is still predominantly an instrument to resolve national problems while the dominance of market based economies in the last fifty years, particularly following the collapse of the eastern block, in combination with improvements in transport, communications and technology have progressively dismantled national borders and internationalised trade. Trade liberalisation has in turn led to practices by firms that have an effect on the territories of more than one country. Attempts to address this paradox - national rules to address international issues - have appeared on several occasions in the last 80 years at the international, regional and lately bilateral level. The research question that the thesis addresses is: What is the role of the competition law and policy of the EU in the formation of international competition rules (norms). This question encompasses two main concepts: international agreements with competition elements, and the role of EU competition law and policy. As to the former, four main forms of agreements are discussed in separate chapters of the thesis: bilateral and tripartite enforcement cooperation agreements...