Obligations Of Countries Research Articles

Nigeria's Climate Change Act, conditional and unconditional nationally determined contributions, and the principle of common but differentiated responsibilities

The commitments outlined in Nigeria's Nationally Determined Contribution (NDC) are crucial for fulfilling the country's obligations under the Paris Agreement. The updated NDC reaffirms the Nigerian government's pledge to achieve a 20 per cent unconditional reduction and a 47 per cent conditional reduction in greenhouse gas emissions by 2030. To implement these commitments nationally, the Nigerian government enacted the Climate Change Act of Nigeria in 2021. However, the Climate Change Act does not explicitly incorporate the 20 per cent unconditional and 47 per cent conditional reduction targets from Nigeria's NDC. This article examines the implications of the Climate Change Act not directly recognizing these NDC targets and explores the legal status of NDCs at the national level. The assessment reveals that, despite the absence of explicit recognition in the Climate Change Act, the Nigerian government is legally obligated to achieve 20 per cent unconditional emission reduction by 2030. This is because the 20 per cent unconditional obligation is grounded in the principle of Common but Differentiated Responsibility (CBDR). Conversely, the Nigerian government does not have a legally binding obligation to the 47 per cent conditional emission reduction targets, as achieving this reduction depends on international support.

Global value chains participation and trade-embodied net carbon exports in group of seven and emerging seven countries

A vast literature has examined the empirical link between gross exports and total carbon emissions for different country groups. However, countries’ increasing participation in global value chains (GVCs) challenges this traditional approach since the gross measures neglect trade-embodied carbon emissions and intermediates-driven value-added trade. Therefore, this study scrutinizes how backward participation (foreign contents in domestic exports) and forward participation (domestic contents in foreign exports) in GVCs affect per capita net exports of trade-embodied carbon dioxide emissions. The study adopts input-output accounting and value-added decomposition framework for Group of Seven (G7) and Emerging Seven (E7) countries over the 1995–2018 period. (i) Pre-estimation analyses reveal that the net carbon importer G7 group had a comparative advantage in high-tech exports and a lower export product concentration level, while the net carbon exporter E7 group had a comparative advantage in resource-intensive exports and a higher export product concentration level, albeit significant within-group heterogeneities. (ii) The augmented mean group estimates reveal that increasing backward participation raises net carbon exports for both G7 and E7. The forward participation-net carbon exports nexus is negative for G7 but positive for E7. (iii) While economic growth reduces net carbon exports in both groups, the effects of comparative advantages in resource-intensive and high-tech exports differ. Practitioners should be aware of the GVCs-driven carbon circle when assessing decarbonization performances and obligations of countries.

ISD소송 사례를 통해 본 충분한 보호 및 안전의 판단 기준에 관한 연구

With the development of BIT, the regulation of 'sufficient protection and safety' was introduced to protect and promote foreign investment. Sufficient protection and safety regulations have traditionally been limited to protecting investors and investment from physical damage and threats from troops, soldiers, and rebel workers in investment host countries. Cases applying sufficient protection and safety have dealt with damage to the physical assets of investors committed by third parties unless the governments of investment host countries exercise significant care in preventing damage or punishing actors. Regarding the meaning of ‘due diligence’, the arbitral tribunal has mentioned that due diligence is no more than or less reasonable precautions that are expected to be exercised by a legitimately operated government in similar situations. There are many cases in which the 'sufficient protection and safety' regulation is interpreted as a broad concept that includes providing legal stability as well as physical protection. It is difficult to say that a sufficient consensus has been formed on whether the ‘sufficient protection and safety’ standard should provide a business environment or legal stability in excess of the country's obligation to provide simple physical safety for foreign investors and investments. Furthermore, even if the scope of application of this provision is widely interpreted, the state cannot even take issue with exercising its legitimate regulatory authority to achieve reasonable policy purposes. The obligation to provide sufficient protection and safety for foreign investment is to protect investors from bullying by third parties or state actors, but banning regulations or legislation that affect investors should not be interpreted.

Saudi Arabia’s Journey toward Net-Zero Emissions: Progress and Challenges

Combating climate change by reducing greenhouse gas (GHG) emissions has become an obligation for countries that ratified the Paris Agreement. Saudi Arabia, as a member of the Paris Agreement, pledged to achieve net zero emissions (NZE) by 2060. This endeavor is challenging for all countries. This paper provides an analysis and assessment of the Saudi measures to achieve NZE by 2060. The analysis reveals that Saudi Arabia will reduce the total net emissions to 49.67 Mt of CO2eq, whereas under a business-as-usual scenario, the emissions would reach 1.724 million tons (Mt) of CO2 equivalent (CO2eq). The study reveals that sectors conducting environmental, social, and governance ratings (ESG) and those where the government is a stakeholder are on the right track and will facilitate the government’s efforts in reaching NZE. The gap in reaching NZE will be mainly due to the Saudi steel and cement industries.

Prevention of Conflict of Interest Situations in Public Administration

In the last two decades in our country have been undertaken a series of policies to draft the necessary legislation to prevent and combat the phenomenon of conflict of interest as a tool to fight corruption and strengthen the integrity of institutions in the country. These policies for drafting the necessary legislation to address the conflict of interest are a requirement for the challenges of building the rule of law, an efficient and professional administration in the service of citizens and our country's obligations to the European integration process and membership in international organizations such as Council of Europe and United Nations. Legislation has changed continuously in recent years in an effort to adapt to the problems that have arisen during its implementation in practice. These efforts have materialized with the adoption of an entire legal and procedural framework. A comprehensive reform has also been made in the training and preparation of professional human capacities, for the responsible implementation of the law in this stage. The concept of continuous conflict of interest is the situation in which a conflict of interest may recur repeatedly and/or frequently in the future. Legislation for the prevention of conflict of interest has provided the obligation of every official to take active and effective measures, at the most effective time to avoid conflict of interest situations. However, the impact of all these efforts has not been sufficient and effective and the conflict of interest remains a complex challenge and issue to be addressed and resolved.
 
 Received: 23 September 2022 / Accepted: 27 November 2022 / Published: 20 December 2022

НАВЧАННЯ ПІД ЧАС ВІЙНИ: ЗАБЕЗПЕЧЕННЯ БЕЗПЕРЕРВНОСТІ ОСВІТНЬОГО ПРОЦЕСУ В УКРАЇНІ ТА ЗА ЇЇ МЕЖАМИ

The article considers the state of emergency in Ukraine in connection with the large-scale invasion of the russian federation, in particular, its impact on the Ukrainian education system. This issue requires a comprehensive analysis of the functioning of the education system in the context of martial law, which determines the relevance of this article. It has been established that under martial law conditions, the key objectives of Ukraine’s educational policy were to ensure the organization of the learning process, and thus the provision of educational services to students in Ukraine, as well as to internally displaced and refugee children. The rights and needs for protection, including the protection of the rights of children and youth to education, were emphasized. Analysis of literary sources and legal framework confirmed that russia’s full-scale invasion of Ukraine grossly violates international law and the UN Charter, and thus undermines European and global stability and security (namely, Safe Schools Declaration). The obligations of countries of the world to protect pupils, students, teachers, schools and universities during armed conflict and to support the continuation of education throughout the war were studied. The article focuses on the actions of the Government of Ukraine, international organizations and countries hosting Ukrainian refugees to return children to school, providing psychosocial support, educational opportunities and non-formal education. It is noted that Ukrainian refugees are involved in the educational process through schooling; the organization of free language courses for children and adults; access to online educational resources, including the inclusion of education and training systems in the EU, and recognition of qualifications of Ukrainian students for access to higher education and the labor market. At the same time, the emphasis is placed on the fact that the mental health and psychosocial support of all participants in the educational process play an important role during the war. A number of initiatives and assistance programs of the international community to ensure the continuity of educational services both in Ukraine and abroad are outlined. It is substantiated the conclusion that the Ukrainian Government has made maximum efforts to ensure the urgent needs of the population, among which the right to education takes the leading place. Prospective directions of further research can be studies of the international experience of adaptation to the educational process of students and teachers in EU countries.

Negotiating the future of the Adaptation Fund: on the politics of defining and defending justice in the post-Paris Agreement period

ABSTRACT The Paris Agreement's rapid entry into force, less than one year after it was adopted, reaffirmed that the international community would continue its efforts to mitigate greenhouse gas emissions and adapt to climate change impacts. Yet structures created under the Kyoto Protocol, like the Adaptation Fund, were left in a state of unprecedented ambiguity because parties had to actively approve their continuation under the Paris Agreement, or risk seeing them fade into history. Drawing on narrative political analysis of negotiating texts and observations at meetings of the Conference of the Parties (COP), we argue that the Adaptation Fund negotiations became a particularly intense site for the contestation of justice-based norms in international climate policy. Developing countries’ ardent and almost unanimous support for the continuation of the Adaptation Fund, despite the Fund's relatively small share of international climate finance, provides important insights into processes of norm contestation in international climate negotiations since the Paris Agreement, which marked a significant transition toward liberal norm structures. We explore how this unwavering support for the Adaptation Fund—and the claims to distributive and procedural justice it represents—could impact not only Fund governance and structure in the post-Paris Agreement period, but also the success of future adaptation efforts and the Paris Agreement itself. Key policy insights As global environmental governance moves towards a more liberal conception of justice, developing countries are holding on to specific issues, such as adaptation finance, to preserve distributive justice-based norms, deeply rooted in the history of the United Nations Framework Convention on Climate Change (UNFCCC). A critical tension in international adaptation finance is contrasting conceptualizations of justice and responsibility. While developed countries increasingly see their climate financing decisions as optional and in the same vein as development aid, developing countries argue that financing is an obligation for countries with historic responsibility for climate change. In order to resolve some of the stickiest issues on climate finance, pressing concerns about procedural and distributive justice must be addressed. Developing countries will focus on defending their position and power in the negotiations, rather than discussing technical decisions, until justice is acknowledged and preserved.

WTO Agreement on agriculture and peculiarities of its implementation under the conditions of the Republic of Belarus

The article presents the stages of formation and development of the WTO Agreement on Agriculture, its structure and content of the main sections. It has been established that agriculture is one of the strategic and vulnerable sectors of the economy of any state, the development of which determines the level of national economic and food security. It is determined that the adopted document establishes a system of rules and obligations of countries in relation to agricultural policy measures related to the regulation of market access, domestic support, and export competition. The current trends in the development of the agri-food sector of Belarus in terms of agricultural production, food security, foreign trade are justified. The features of the implementation of the WTO Agreement on Agriculture in the conditions of the republic, taking into account external and internal factors of industry competitiveness, are highlighted. At the country level, directions for the development of agricultural trade policy, improvement of support measures that do not fall under obligations to limit in accordance with international requirements of the World Trade Organization, and ensure competitive advantages in foreign agricultural markets are proposed. It was noted that promising areas and criteria for the effective functioning of the agri-food sector should take into account national priorities, provide measures and mechanisms for the development of competitive and environmentally friendly production of agricultural products, expand market infrastructure, create favorable organizational and economic conditions for the functioning of the industry, and form its scientific and innovative potential. The issues disclosed in the article are of interest in developing a set of measures to increase the efficiency of foreign trade in the context of expanding the country’s participation in international and regional trade and economic integration, justifying mechanisms for improving agricultural regulation, and developing a system for promoting agri-food products on the domestic and foreign markets.

What and who prevent the Kurdish people from exercising their right to self-determination?

It will soon be 75 years since the United Nations Charter proclaimed the equal rights of peoples including their right to self-determination, as well as the obligations of countries — members to protect these rights collectively. In 1966, the International Covenants on Human Rights were signed and entered into force in 1976. So began with the confirmation of the right of peoples to self-determination and clarification of the content of this right. In subsequent decades, the UN and continental organizations have adopted hundreds of international agreements on certain as- pects of people’s rights (to choose a social system, study in native languages, to development and progress, etc.). However, many ethnic groups still cannot use their lawfully granted rights due to reasons which are beyond their control. The author of the article provides an explanation of the reasons preventing people from realizing the selfdetermination right recognized by the world community on the example of the Kurdish people. The theoretical and methodological aspects of the problem may be equally applicable to other peoples who, against their will, find themselves in multinational states.

The Model of Supervision of Environment Management in Mineral and Coal Mining

The utilizing concept of natural resources is closely related to the country's obligation to formulate policies (beleid), to make arrangements (regelendaad), to do arrangements (bestuursdaad), to conduct management (beheersdaad), and to do the supervision (toezichthoundendaad). The main effort that has to be made in environmental management is pollution prevention and environmental breakdown, where the Article 1 number (2) UUPPLH states that one of the preventive efforts is to do the systematic supervision and integrated supervision.The state administrative law aspect, the supervision is defined as an activity process comparing what is being carried out, or conducted to what is being desired, planned or ordered. Protection and management of environmental in administrative construction law relates to the protecting and managing the environment by the government.The protecting and environment managing by the government based on the government validity theory actions (rechmatigheid van bestuur) must fulfill the legal requirements (rechtmatigheid and wetmatigheid), involving three aspects, those are: authority, procedure, and substance. The measurement used is written / statutory regulations and unwritten regulations as Good Governance General Principles (AUPB). Keywords: environmental, coal mining, supervision, environmental management. DOI : 10.7176/JLPG/88-10 Publication date : August 31 st 2019

(Beps, Fatca) (Modern Approaches to the Taxation of Representative Offices and Branches of Foreign Companies (BEPS, FATCA))

Russian Abstract: Открытие на территории Российской Федерации представительств иностранными компаниями является формой прямых иностранных инвестиций в российскую экономику. ОЭСР рекомендует странам осуществлять налогообложение постоянных представительств, как если бы это были независимые самостоятельные предприятия. Действующее в Российской Федерации налоговое законодательство недостаточно регулирует эти вопросы налогообложения. Яркими примерами уклонения от налогов являются громкие российские судебные дела Блумберга, Маккенны, Орифлейм, зарубежные дела против Амазона, Гугл, ИКЕА, Старбакс и др. В мировой практике большое внимание уделено выработке мер противодействия схемам размывания и перемещения налоговой базы с использованием постоянных представительств, в частности, в рамках плана BEPS. У иностранных компаний есть возможность фактического осуществления бизнеса на территории другого государства без возникновения обязанности по уплате налога на доходы от такой деятельности. Однако, для выполнения рекомендаций ОЭСР необходимо разработать новую концепцию налогообложения филиалов и представительств иностранных организаций в Российской Федерации с учетом национальных интересов и складывающейся мировой практики, например, возможности правового применения для целей российской налоговой системы концепции «независимого предприятия» для целей налогообложения представительств и филиалов иностранных организаций, действующих международных соглашений об избежании двойного налогообложения между Российской Федерацией и зарубежными странами. English Abstract: The establishment of representatives of foreign companies and corporations in Russia is a form of direct investment into the Russian economy. The OECD recommends that various countries tax permanent representatives as if they were entities. The existing tax law of the Russian Federation does not adequately cover and regulate these tax issues. The notorious Bloomberg, McKenna, Amazon, Google, IKEA, Starbucks and other cases are glaring examples of tax evasion. Practices of other world nations and countries seriously address the issue of developing measures against dilution and transfer of the tax base through the use of permanent representatives specifically in the BEPS plan. Foreign companies have the opportunity to do business in other countries without an obligation to pay taxes on the income from such business transactions. However, in order to fulfill OECD recommendations, a concept of taxation of representatives and affiliated branches of international organizations in the Russian Federation must be developed, taking into account national interests and the practices of other world nations and countries. For example, there should be an opportunity to use the term independent entity to fulfill the purpose of the Russian taxation system to adequately tax representatives and affiliated branches of foreign organizations in the Russian Federation and to fulfill the country's obligations stipulated in international treaties between the Russian Federation and other countries aimed at avoiding double taxation.

Searching for the Elusive? Examining the Right to Health’s Status in the Pacific

Integrating the right to health is pivotal in progressing health and development in the Pacific. The Sustainable Development Goal (sdg) agenda provides an opportunity for this, given the relationship between health, human rights, climate change and sustainable development. The right to health’s content can be utilised to progress country obligations in various ways: through facilitating implementation of Universal Health Coverage, supporting the development of health metrics, and assisting in equitable health policies. Cumulatively, such measures can act as process and outcome indicators of a state’s progressive realisation toward achieving the right to health. In analysing the status of the law and policy relating to the right to health, this study has established a right to health baseline for the Pacific region at sdg commencement, contributing both to monitoring and evaluation, and promoting visibility of this often overlooked region. Methods included a systematic review of the literature on the right to health, and review of six structural rights indicators in existing law and policy relating to the right to health in the 16 Pacific Island Forum countries and territories, 14 of which are recognised as small island developing states. Findings confirm the right to health’s marginalisation in the region. The ratification of United Nations (un) treaties, integration of international human rights obligations into domestic law and policy, and compliance with reporting requirements were found to be piecemeal and ad hoc at best. We argue that while legal recognition is only one step in the process of realising the right to health, the existence of right to health law and policy is a pivotal start if there is to be equitable implementation of the sdg health agenda. We also recommend Pacific nations develop one reporting framework, which can double to meet their reporting requirements under un treaty bodies and sdg 3 global health commitments.

The weighted average price determination in anti-dumping in South Africa: is there fowl play?

This paper determines if the South African application of the weighted–average methodology in anti–dumping cases is compatible with the WTO rules, with particular reference to the case of Frozen Meat of Fowls - Brazil, ITAC Report No. 389. Recently, the South African anti–dumping regime, the fourth oldest in the world, has been alleged to be inconsistent with the World Trade Organization (WTO) rules. On 21 June 2012 Brazil challenged of the anti–dumping duties South Africa imposed on Brazilian frozen chicken imports. According to Brazil, South Africa was attempting to violate the WTO rules with impunity against the country's obligations under the General Agreement on Tariffs and Trade (GATT 1994) and Agreement on Implementation of Article VI of the GATT 1994 (AD Agreement).

The Results of the Adjustment Program for the Greek Economy

Abstract The adjustment policy for the Greek economy in the period 2010-2014 proved that improvement was not achieved. Quantitative economic targets connected to the adoption of internal devaluation provided results in regard to fiscal adjustment (a primary surplus) and the balancing of the budgetary situation in Greece, but without being connected to a plan either in the framework of the program or outside it, that would attempt systematically to create areas, sectors, and policies that would constitute the basis for economic recovery. The requirements of service of the country's obligations (debt) do not, under currently valid conditions, allow for the creation of positive prospects to free it from the vicious circle of debt service and adjustment and for potential progress of the Greek economy. The necessary reorganization of the economy, for multiple reasons, by obligation presupposes a new plan and agreement with Europe, which will put forward conditions and policies capable of creating a dynamic framework for the growth of the economy in the present and in the future.

Areas of Refuge for Ships in Need for Assistance: An Institutional Framework Enhancing Maritime Safety and Protection of the European and Global Marine Environment

1. Introduction and Basic Definitions The places of concept exists and evolves throughout history, for millenniums, within the concept of, and in relation to, global sea transport. In particular, the aforementioned idea is directly related to the high variability and non predictability which characterizes the maritime industry throughout the years and renders it a high risk activity, as we know it today. Recent discussions and processes concerning places of involve not only a specialized legal framework, but also depend on an approved set of definitions and terms. The widely accepted and for long time used term of port-of-refuge is being abandoned as it is considered inadequate to address emerging particularities and necessities of maritime transport. Thus, starting from 2001, the term place-of-refuge is more widely used as a probationary term to be used in international fora, where discussions are taking (European Union--EU, International Maritime Organization--IMO, European Sea Port Organization ESPO, INTERTANKO etc). It is clear that the latter term encompasses a wider range of options for refuge, over and above the limitations set by ports, whether natural or man-made. As far as the issue pertinent to a definition of a area, the discussions are ongoing and have not, as yet, concluded on a definition that can be precise and widely accepted. Concluding, of course depends on the international community agreeing on the basic legal status of these areas, an issue which is still open to discussion. Any attempts in defining regions thus rely on describing the basic characteristics of the modern version of these areas, or are based on proposals by working groups. Either way, the definition that will finally be adopted will be forthcoming in the near future. Definitions proposed by IMO (IMO Resolution A. 949 (23) 5 December 2003) are of special interest. More specifically according to IMO : a) Ship in need of assistance means a ship in a situation, apart from one requiring rescue of persons on board, that could rise to loss of the vessel or an environmental or navigational hazard. b) Place of means a where a ship in need of assistance can take action to enable it to stabilize its condition and reduce the hazards to navigation and to protect human life and the environment. c) MAS means a maritime assistance service as defined in resolution A 950 (23), responsible for receiving reports in the event of incidents and serving at the point of contact between the shipmaster and the authorities of the coastal State and the event of an incident. 1.1. The Evolution and Modern Negative Approaches to Refuge Ports Refuge Ports, as a practice in sea transport, involves setting emergency status to ships in distress, followed by the prerequisite to provide at the nearest port. For a long time the concept of providing a of refuge, was widely accepted since it was a very reasonable follow up to the emergency preparedness plans for ships and port, has a total target approach (i.e. it considers all elements involved such as human life, ship loss, freight loss, environmental damage, etc.). Up to today it has not, however, attained legal commitment regarding the coastline country's obligation to respond positively to a demand to provide a place of refuge. Economic and technological progress in the maritime sector during the 20th century, especially after the 1950s, had decisively affected emergency preparedness plans and the provision of refuge areas. However, for the majority of large capacity ship categories and a variety of dangerous and toxic cargos (chemicals, explosives, waste etc), providing refuge areas is, as a rule, prohibited by coastline countries. This negative development is based on and legally supported by, a multitude of international and national laws, which provide the coastal state with the complete discretion to deny a area, if it judges that such an act clashes with its interests (safety, environmental protection etc). …

Forestry projects for climate change mitigation: an overview of guidelines and issues for monitoring, evaluation, reporting, verification, and certification

Monitoring and evaluation of forestry projects is needed to accurately determine their impact on greenhouse gas (GHG) emissions and other attributes, and to ensure that the global climate is protected and that country obligations are met. We present an overview of guidelines recently developed for the monitoring, evaluation, reporting, verification, and certification (MERVC) of forestry projects for climate change mitigation. 1 1 This article is based on a more detailed report conducted for the USEPA ( Vine et al., 1999 ). These guidelines are targeted to developers, evaluators, verifiers, and certifiers of forestry projects, and address several key issues, including methods for estimating gross and net carbon savings. The next phase of our work will be to develop a procedural handbook providing information on how one can complete monitoring, evaluation and verification forms.

Clearing the Air: The Clean Air Act, GATT and the WTO's Reformulated Gasoline Decision

I INTRODUCTION Over the last four decades, the growth in the amount and complexity of air pollution in the United States resulting from the increasing use of automobiles(1) (along with other sources) has resulted in mounting dangers to the public health.(2) American Lung Association has estimated that people in the United States spend $40 billion per year in additional health care cost associated with air pollution.(3) Clean Air Act was created to combat this; its goal has been to protect and enhance the United States' air resources.(4) In furtherance of this goal, the United States Environmental Protection Agency (EPA) promulgated regulations governing gasoline formulation to ensure that polluting compounds in gasoline do not exceed 1990 levels.(5) However, Venezuela complained that the EPA regulations discriminated against foreign gasoline refiners who wished to sell their products in the United States. Accordingly, filed a complaint with the World Trade Organization (WTO), claiming that the U.S. regulations subjected foreign gasoline to stricter standards than were imposed on domestic gasoline.(6) Venezuelan complaint suggested the possibility of a fundamental conflict between domestic environmental policy and U.S. obligations under international trade rules. Most importantly, provided a stern first test for the World Trade Organization, the infant organization heralded as the world's important economic body.(7) Created in 1995, after four years of preparations and seven more years of negotiations, the WTO has been described as the most ambitious, comprehensive and geographically wide trade agreement ever attempted or reached.(8) It was the culmination of a series of multilateral trade negotiations, known as the Uruguay Round, that were part of the General Agreement on Tariffs and Trade (GATT(.9) GATT itself was viewed as a rather unwieldy process for reducing tariffs and resolving trade conflicts among its member nations.(10) The Uruguay Round ... transform[ed] the GATT into a permanent international institution, the World Trade Organization, responsible for governing the conduct of trade relations among its members.(11) Uruguay Round, through its creation of the WTO, produced one other notable institutional reform: it strengthened the multilateral dispute settlement mechanism so that countries [would] be more likely to comply with [international trade] rulings .... (12) Without a doubt, an open global market is as much to be desired as a clean global environment. Yet, as environmental regulations increasingly impact products with greater trade flows (and vice versa), the conflict between environmental protection and trade liberalization is destined to grow in intensity.(13) Venezuelan challenge highlights the effect of the WTO's liberal trade rules on domestic environmental policy, while simultaneously providing an opportunity to scrutinize the WTO's new dispute settlement mechanism in action. Specifically, this article uses the reformulated gasoline dispute as the centerpiece for an examination of the conflict between a strict, domestic environmental law, the Clean Air Act, and the liberal trade rules embodied in the WTO agreement. Section I of this article provides a brief history of the Clean Air Act. Section II describes the 1990 Clean Air Act Amendments and the reformulated Gasoline Rules, including a discussion of the standards and baseline limitations which were at the center of the controversy in Venezuela's complaint to the WTO. Section III offers a brief history of the GATT, the WTO, and the new dispute settlement mechanism. Section IV describes the compromise regulations the EPA devised to bring the U.S. environmental rules into compliance with this country's obligations under international trade law. Finally, Section V provides an analysis of the rulings of the WTO dispute settlement panel. article concludes that in the wake of the panel rulings, the international trade framework must be modified to better recognize the importance of environmental issues. …

Les procédures d'accession à l'Organisation mondiale du commerce (OMC)

SummaryThe great international interest for the WTO is evidenced by the importance of its membership and the long list of countries that have applied for accession. This note examines the new accession procedures under the WTO Agreement and discusses the rights and obligations of countries requesting such accession.

International Intertemporal Solvency in Industrialized Countries: Evidence and Implications

Recent large current account deficits among industrialized countries have caused concern for policy makers. Some believe, for example, that the current buildup of claims on the U.S. by foreigners violates her solvency condition with respect to the rest of the world. Recent research [22] suggests that, for a country's intertemporal solvency condition to hold, the change in the country's obligations to the rest of the world (i.e., her current account deficit) must be stationary. Stationarity tests on current accounts were performed for the U.S. by Trehan and Walsh [22] and Wickens and Uctum [23], for the U.S. and Canada by Otto [15], and for twenty-three countries by Gundlach and Sinn [10]. These papers present evidence that current accounts are non-stationary for several major industrialized countries, including the U.S., the U.K., Canada, Germany, and Japan. These findings do not favor international intertemporal solvency. For this reason, the issue merits further investigation. In this paper, we test for the stationarity of current account deficits of the Group of Seven industrialized countries. Preliminary results confirm many of Gundlach and Sinn's [10] findings. However, several events during the 1980s might have caused discrete breaks in current account balances. Events potentially linked with current account breaks include: the reduction in world inflation, tax reduction and reform in the U.S. and other industrialized countries, attempts at international macroeconomic coordination (i.e., the Plaza Accord), and shifts in the after-tax rate of return on capital in many countries. As shown in recent research on gross national product [16; 2], if such breaks are not accounted for, stationarity tests will be biased in favor of accepting the null hypothesis of non-stationarity. Our results suggest strong evidence of discrete breaks in the U.S. and Japan, and some evidence favoring breaks in the U.K., Germany, and Canada. The break in the U.S. current account appears to occur in 1983, while breaks in the other countries appear to occur somewhat later, between late 1984 and 1987. More importantly, once these breaks are incorporated, the evidence is more favorable toward the stationarity of current accounts in these countries. These findings thus support intertemporal solvency for these countries.

Institutional choice in transboundary pollution

Abstract Transboundary pollution constitutes an important component of environmental degradation in many countries. The demand for institutional changes that reduce transboundary pollution grows with increasing levels of economic development and accumulation of environmental degradation. Single countries, however, can supply themselves with such institutions only in cooperation with other countries. This article analyzes the strategic game theoretic situation of countries concerned with transboundary pollution under alternative incidence of benefits and costs. The results suggest that a system of reciprocal obligations of countries can result in pollution agreements if the assurance problem of each signatory can be solved and the distribution of costs and benefits of such agreements are perceived as being fair.