Trade Interests Research Articles

O istorie a companiilor de navigaţie străine de la Dunărea de Jos

Cristian Constantin’s study, O istorie a companiilor de navigaţie străine de la Dunărea de Jos (A History of Foreign Shipping Companies on the Lower Danube), is not only a history of foreign shipping companies active on the Lower Danube; it is also an affirmation of the significance of the expansion of Romania’s overseas trade during the late nineteenth and early twentieth centuries. Political conditions were favorable as a result of the ending of the Ottoman trading monopoly (1829), and the recognition of Romania’s independence (1878), while the country’s ability to supply large quantities of cereals, oil, and timber in return for advanced technology created a powerful economic basis for close commercial ties with the powers of Central and Western Europe. The growth of overseas trade led to radical changes in Romania’s economic geography because a much greater value was now placed on access to the Lower Danube and the agricultural potential of the steppes was greatly increased by the rising demand for cereals.Although the mouths of the Danube were important commercial highways in medieval times, providing economic underpinnings for the principalities of Moldavia and Wallachia, with their rival ports of Galați and Brăila, respectively, overland trade was fostered during the centuries of Turkish suzerainty. Over the last century and a half, there has been an emphasis on two principal routes for international shipping: one using the Danube right through the delta into the Black Sea, and another involving overland movement across Dobrogea, from Cernavoda on the Danube to Constanța on the Black Sea coast. The relative importance of these routes has fluctuated, but it is the maritime option that is the subject of Cristian Constantin’s book.The Lower Danube became a bone of contention between Austria and Russia as the Ottoman Empire continued its long process of contraction. Freedom of navigation for all was agreed upon between Russia and Turkey under the Convention of Cetatea Albă in 1825, while the Russian frontier advanced southward from the Chilia branch, reached in 1812 under the Treaty of Bucharest, to the Sulina arm in 1817, and finally to the Sfântul Gheorghe channel in 1829 under the Treaty of Adrianople. This latter treaty allowed the Russians to operate a quarantine station at the Sulina mouth. It was widely believed that the quarantine system was operated unfairly to divert shipping from Galați and Brăial to Russia’s own port of Odessa.Austria had an important interest in the Lower Danube when the introduction of a steamship in 1829 opened up the possibility of through sailings from Vienna to such ports as Constanța, Smyrna, Trebizond, and Varna. But by the middle of the nineteenth century, a critical situation had arisen on the Lower Danube. Britain, France, and Austria had a growing interest in trade with the Romanian principalities, but access through the delta was compromised by natural hazards and political problems. Frustration over Russia’s control of the Danube led to the Russian frontier being pushed well back from the delta, which was internationalized under the Treaty of Paris in 1856, and a European Commission of the Danube was established.The provenance of the companies covered in the seven chapters of this meticulously researched volume provide evidence of the international economic importance attached to trade on the Lower Danube: Austria, the North German shipper Lloyd, France, Russia, Britain, Italy, Hungary, Greece, and the Ottoman Empire are all represented.

Global and National Environmental Impacts of the US-China Trade War.

The recent "US-China trade war" has aroused concern over trade-related environmental impacts. This study built a multiregional computable general equilibrium model to simulate environmental impacts of the "US-China trade war" under different scenarios of tariff and nontariff barriers and the battlefield spreading ranges. The present study found that although the trade war will cause a global economic downturn, which will seemingly reduce environmental pressure globally, global carbon emissions are expected to increase rather than decline. On the one hand, the CO2 emission increase caused by land-use changes in Brazil and Argentina will far exceed the emission reduction because of decreased global production. On the other hand, some countries/economies especially those developing countries such as Vietnam, Russia, and India will face emission increases driven by scale effects. Countries such as Korea, the UK, and France will enjoy a reduction in emissions driven by structural effects. China and the US will face a reduction in production and CO2 emissions, but their CO2 emission intensities will rise. The results remind us that as global production and supply chains are formed, it is important to closely monitor trade-related environmental impacts. Efforts should be made to balance the interests of trade and the environment.

Analisis Faktor-Faktor Motif terhadap Minat Berdagang di Pasar Tradisional (Studi Pada Pasar Pedan Klaten)

The Objective of the study is to determine the motive factors, they are personality, skills and intentions of the interest in trading in Pedan traditional market of Klaten regency. Ther data were taken in the form of primary data obtained through questionnaires and respondents are traders of the Pedan Klaten Market. The Analytical method used consist of validity, reliability, multiple regression analysis, classic assumptions, t test and coeddicient of determination tests. From the results of the study it can be concluded that the results of the regression analysis obtained the following equation: Y= 6,508 + -0,042X1 + 0,356X2 + 0,507X3 +e. Based on the results of the t test personality does not have an influence on trading interest and then skills have a positive and significant effect on trading interest and intention has a positive and significant effect on trading interest. The most dominant variable in this study is skills.

Future Trade Relations between Canada and the United Kingdom

Abstract Canada’s trade relations with the UK have been governed by the CETA since the signature of that agreement with the EU in October 2016. Subsequent to the decision of the UK electorate to leave the EU, it became necessary to envisage the creation of a new trade agreement directly between the UK and Canada. Initially, the Government of Canada indicated a willingness to negotiate a new trade agreement with the UK as quickly as possible. But, as the future relationship of the UK to the EU became increasingly uncertain, the Government of Canada decided to hold back until greater clarity could be obtained. As of July 2020, Canada was still waiting. The future trade agreement will reflect the desire of both countries to maintain their long-standing and close relationship. Both have strong interests in trade and investment with the other and both will seek to reinforce these interests. The particular concerns of both countries are outlined in this paper and the outlines of a future trade agreement are set out. In conclusion, the author suggests that it would be in the interests of the UK, rather than seeking simply a bilateral agreement, to seek to negotiate an Atlantic Free Trade Agreement, thereby clarifying its relations not simply with Canada but with all of Europe and North America.

تجرید الشریک فى شرکة الشخص الواحد من المسؤولیة المحدودة دراسة مقارنة

سمح المشرع المصرى في عام 2018 بإنشاء شرکة الشخص الواحد. وقد کان هذا التعديل نتيجة لجدل قانونى محتدم بين مؤيدى مبدأ وحدة الذمة المالية وبين مؤيدى فکرة السماح بإنشاء شرکة الشخص الواحد کاستثناء على مبدأ وحدة الذمة المالية تشجيعا للتجارة والاستثمار. هذا وقد کان العامل الأساسى لدى مؤيدى مبدأ وحدة الذمة المالية هو الخشية من إساءة استخدام الشريک في شرکة الشخص الواحد لمبدأ المسؤولية المحدودة للإضرار بدائني الشرکة والغير. وقد ظهر مبدأ التجريد لمعالجة حالات إساءة استخدام مبدأ المسؤولية المحدودة ومضمون هذا المبدأ هو تنحية الشخصية المعنوية للشرکة بکل ما يستتبعه ذلک من تمتع الشرکة بذمة مالية مستقلة عن الشرکاء واعتبار الشريک مسؤولا مسؤولية شخصية عن ديون الشرکة. وبناء عليه تعالج هذه الدراسة مبدأ التجريد من المسؤولية المحدودة کضمانة لعدم إساءة استخدام مبدأ المسؤولية المحدودة في شرکات الشخص الواحد. وتبدأ هذه الدراسة ببحث أصول مبدأ تحديد المسؤولية في قوانين الشرکات المقارنة. ثم تتطرق هذه الدراسة إلى بحث الجدل القانوني حول السماح بإنشاء شرکة الشخص الواحد. وتبحث هذه الدراسة مبدأ التجريد من المسؤولية المحدودة في القانون الإنجليزى والأمريکي کمثالين لدول القانون العام والقانون الألماني کمثال على دول القانون الخاص الأوروبية وقوانين بعض البلاد العربية المختارة وهي دولة الإمارات العربية المتحدة ومصر. ثم تختتم هذه الدراسة ببيان أهم الضوابط التي تحکم مبدأ التجريد في القانون المصرى والمقارن. In 2018 the Egyptian legislator allowed the establishment of one- man companies. This new amendment was a result of heated legal debates between proponents of the doctrine of Unified Patrimony and the supporters of the view that called for the establishment of one-man companies as an exception of the doctrine of Unified Patrimony in the interests of trade and investment. The main concern of opponents of the establishment of one-man companies is the abuse of the limited liability by the sole shareholder in a one-man company to the detriment of the company’s creditors as well as third parties. Accordingly, the doctrine of piercing the corporate veil has emerged as a buffer to prevent the abuse of the doctrine of limited liability by allowing the court to disregard the separate personality of the company including the company’s separate patrimony and holding the partner personally liable for the debts of the company. This article addresses the doctrine of piercing the corporate veil as a safeguard to prevent the abuse of the corporate form in one-man companies. Accordingly, this study looks at the origins of the principle of limited liability under comparative company law. Then, the study looks at the legal debates that accompanied the establishment of one-man companies. The study further examines the doctrine of piercing the corporate veil under the English and American Law as examples of Common Law Countries, German Law as an example of a European Private Law country and finally, the stance of selected Arab Laws regarding the doctrine of piercing the corporate veil is examined using the United Arab Emirates Law and Egyptian Laws as examples. Finally, the study concludes by outlining the major principles governing the doctrine of piercing the corporate veil both under the Egyptian Law and Comparative Law.

Please, Reboot – Small Economies and the WTO Appellate Mechanism in Times of Trade War and COVID-19

The fact that the major economic blocs today no longer agree on which rules should apply in global trade reveals weaknesses in the WTO system and leads to the (temporary) downgrading of the WTO from a law enforcement agency to an administrator. This paper takes a closer look at the legal protection of trade interests of small and independent economies before the crisis in multilateralism and discusses to what extent the heavy dependence of the rules-based trading system on consensus among major economic blocs may have contributed to its current crises. It then turns to exploring alternative instruments for the legal protection of trade interests of small and independent economies outside of the WTO system, and to – from the perspective of small and independent economies – most critical practical and legal shortfalls in the previous WTO dispute settlement system, which ought to be addressed in the interest of all WTO members when considering re-establishing the WTO appellate mechanism in international trade disputes.

Enterprising Empires: Russia and Britain in Eighteenth-Century Eurasia. By Matthew P. Romaniello (New York, Cambridge University Press, 2019) 304 pp. $99.99

<i>Enterprising Empires: Russia and Britain in Eighteenth-Century Eurasia</i>. By Matthew P. Romaniello (New York, Cambridge University Press, 2019) 304 pp. $99.99

Kebijakan Indonesia dalam Aspek Lingkungan dan Perdagangan

This research focuses on Indonesian's policy regarding the postponement of the prohibition of using cantrang and its relationship with trade and environmental aspects. In line with the trend trading which is draws many environmental issues as a rule, Indonesia should be careful to apply trade policy. One of them is the cantrang as a fishing tool which will affect Export of Indonesian Fishery Products. This research uses a qualitative approach with case studies. The results of this research show that cantrang is considered as fishing equipment damaging marine ecosystem, so that its restriction will give benefit for Indonesia. Indonesia has implemented a regulation prohibiting the use of cantrang in 2017 but Indonesia withdrew the regulation in 2018. This research finds out how the Indonesia policy tends to prioritize trade interests over environmental interests.

The Procedural Inconsistency of the Envisaged EU Enforcement Regulation With the EU’s WTO Obligations

With the appellate function came to a halt, the WTO is unlikely an attractive venue to settle international trade disputes at the moment or in the near future. To overcome such impasse, the European Union has come up with two initiatives to discharge of its right to enforce international trade rules. Multilaterally, the EU led an establishment of a multi-party interim appeal arbitration arrangement (‘MPIA’) to set up an arbitration mechanism based on Article 25 Dispute Settlement Understanding (‘DSU’) – that mirrors the main features of the WTO Appellate Body (‘AB’) system, to solve trade disputes with other participants of the Agreement (so far, the MPIA has attracted 21 participants, including the EU). At the EU level, the European Commission (‘the Commission’) has made the Proposal to amend Regulation (EU) No. 654/2014 (‘EU Enforcement Regulation’) concerning the exercise of the EU's rights for the application and enforcement of international trade rules (‘the Proposal’) so as ‘to protect its trade interests despite the paralysis of the multilateral dispute settlement system in the World Trade Organization (WTO).’ This contribution will analyse the Proposal and will argue that, under WTO jurisprudence, the proposal if adopted might be incompatible with EU’s procedural obligations under the Dispute Settlement Understanding of the WTO (‘DSU’).

Idealist, Realist or Neo-Realist Financial Aid Donors to Pakistan

Foreign aid has always been an important source of finance for Pakistan. The flow of foreign aid depends upon the donor’s interest and motives that can differ as some may be truly interested in helping the recipient nation (Mumtaz, 2013). Some donors may have a national interest while others may want to enhance their economic relations which refer to the idealist, realist, and neo-realist theories of motivations respectively (Berthelemy, 2005). The present inquiry is informed by a qualitative interpretive approach based on semi-structured interviews regarding financial aid donor’s motives. The overall results revealed people's perception that America has an inclination for both Pakistan’s nation and region for its own benefits whereas the United Kingdom is interested in human resources. Saudi Arab and China have dual motives, one is the development of Pakistan and the other is security and trade interest respectively. So America is proclaimed as realist donors, United Kingdom as Neo-realist while Saudi Arab and China have mixed motivations. Both are Idealists with some realist and neo-realist motivation correspondingly. However other financial aid donors are not prominent amongst the Pakistani nations.

Research on the Dynamic Change of Goods Trade Network Structure and Its Impact Mechanism of Countries along the Belt and Road

With the continuous progress of regional economic integration, the trade network of countries along the Belt and Road is changing constantly. The trade relationships between countries are becoming more and more complicated, intertwined and interdependent. However, most previous literature on the trade network of countries along the Belt and Road tends to focus on the static descriptions of network topology features, and there is a lack of explanation on the dynamic change and its mechanism.This paper tries to explain the dynamic change of goods trade network structure and its impact mechanism of countries along the Belt and Road. We build Temporal Exponential Random Graph Model（TERGM）and Separable Temporal Exponential Random Graph Model（STERGM）, using Dynamic Network Analysis to study the change of goods trade network structure and its impact mechanism of countries along the Belt and Road. We find out that the dynamic network models TERGM and STERGM overcome the shortcomings of traditional ERGM method, which is limited to static analysis, and can well capture the impact mechanism of the change of goods trade network structure; the structure of network has a certain heterogeneity, and there is a “rich club” phenomenon in the network. This phenomenon is related to the increasing hierarchical effect in the network; the forming and maintaining of the trade relationships are significantly affected by the countries’ economy. Countries with high economic development have stronger tendency to trade, but after the implementation of the Belt and Road strategy, this tendency has weakened, and the probability for countries with low economic development to expand trade relations has increased. The conclusion of this paper indicates that China should complement the industries with countries along the Belt and Road to make them develop comparative advantages, coordinate trade competition among countries, and establish and maintain multilateral and multi-level regional partnerships.The academic value of this paper could be concluded in two aspects: In research content, this paper analyzes the dynamic change of goods trade network structure and its impact mechanism of countries along the Belt and Road, and discusses the positive role of the Belt and Road strategy on promoting trade relations between countries, combined with challenges. It is of great realistic significance for continuing to promote the Belt and Road strategy, balancing the interests of trade among countries and eliminating the possible trade frictions between China and other countries in the future. In research methods, this paper builds TERGM and STERGM including endogenous and exogenous factors to study the change of goods trade network structure of countries along the Belt and Road and discuss its impact mechanism. The Dynamic Network Analysis method in this paper provides a new research idea for analyzing the change of goods trade network structure of countries along the Belt and Road.

Assessment of the Impact of State Regulation of Retail Trade Networks Development on the Wholesale Sector

The article is dealing with the issues of state regulation of the consumer market, where the interests of producers, wholesale intermediaries, and retail trade are traditionally encountered. The authors consider the features of state regulation of the formation and development processes of multi-object and omnichannel trading systems in Russia in the context of the country's entry into the global economy, the opening of the domestic market for foreign business structures, and commodity imports in a situation with a small business that is not fully established. The results of the conducted study complement the experience of the international community in regulating system formation in trade. The article analyzes significant differences in the state intervention mechanisms in the economic relations of retail chains and their suppliers, as well as the impact of stricter legislation on wholesale trade, and its place and role in the commodity distribution system. The authors prove that excessive regulation of the retail market causes negative consequences in its adjacent segments, justify the upcoming redistribution of the market between large retail chains and specialized wholesale companies in favor of the former ones, show the development prospects of the distribution, and the impact of this process on small retail businesses, as well as formulate proposals for optimizing approaches to regulating the transformation of the trade sector in the transition economy.

Services, Citizenship, and the Country of Origin Principle

The country of origin principle requires states to apply different legal regimes to companies and persons according to their state of origin. This looks rather like nationality discrimination, contrary to Article 12 EC. It is also fundamentally at odds with one of the central pillars of citizenship, both national and European; equality between citizens. The preference for a relatively unfettered country of origin principle in the Services Directive raises doubts whether the directive has an adequate legal basis, and in any case makes it undesirable. It is an example of economic law that has profound impacts on many non-economic aspects of life. It fragments jurisdictions, and therefore societies. Yet it has been made with only the narrowest of trade interests in mind. It shows the danger of allowing technocracy-led legislation. And nor are the economic arguments even good. If Member States cannot apply their law within their jurisdiction, then their capacity to develop coherent regulatory regimes is undermined, and the competition between these regimes which might revitalise national legislation, to the benefit of economic and non-economic life, cannot take place. The degree of openness of markets is only one part of wealth creation, and so should be part of regulatory competition, not a precondition for it.

Issues in Australian Foreign Policy July to December 2019

Issues in Australian Foreign Policy July to December 2019

LOGISTIC APPROACHES OF FORMATION GRAIN EXPORT STRATEGY IN UKRAINE

The work is aimed at analyzing the state and prospects of implementing the export potential of the agrarian sector of Ukraine, the structure of which is based on the principles of transition from the abstract to the concrete. The study begins with the definition of factors that shape the export opportunities of the agrarian sector, namely: the quality of the factors of agricultural production (objects of labor, means of labor); the branch structure of agricultural production; the state of the systems of certification and quality control of export products; the diversification of markets; the access to financial resources; the level of the marketing support of export; the mechanisms of the realization of the state export policy; the state of development of agro-logistics. It has been proved that in the short term, the production components are not decisive in the processes of using and expanding the existing export potential of the national agrarian sector. In the modern conditions the state of logistics infrastructure is coming to the forefront. In the general problem of agro-logistics, the following levels are distinguished: micro-, meso-, macro-, and supranational. In each of them we have identified "the bottlenecks" of the process of building up export potential from the point of view of agro-logistics. The ways of increasing the export potential of the agrarian sector in Ukraine have been proposed. These include: the development of container transportation sphere; the creation of effective mechanisms for directing funds of united territorial communities for the development of regional logistics infrastructure; the reform of Ukrzaliznytsia (the Ukrainian rail road); the development of alternative variants of supply chains by improving the infrastructure of the automobile and river transport; the expansion of the representation of Ukraine in the world governmental and non-governmental organizations in order to protect the national trade interests; the formation of the system of training personnel capable of adapting to changing market conditions. Keywords: logistic approach, agrarian export strategy, export potential, agro-logistics, agrarian infrastructure, supply chain.

Reevaluation on China’s Real Trade Benefit: A Research Based on the Environmental Cost Embodied in Export Value Added

The direct cause of Sino-US trade frictions lies in the fact that the US believes that China’s long-standing trade surplus has made China obtain the so-called “unequal interests”. However, China bears the environmental pollution loss caused by the production of a large number of trade products in the large volume of import and export trade.This paper uses the real trade implicit pollution emission model to account for the industrial pollution emission implicit in import and export trade, and uses the structural decomposition model to analyze the reasons for the change of the implicit pollution emission in import and export trade from the five aspects of emission intensity, technical structure, import and export scale, import intermediate input and import and export structure, combining with the ExternE model and Logistic model to account for all kinds of implicit pollution emission in the trade. The economic loss caused by pollution and the environmental cost of pollutants are included in the trade interest system to evaluate China’s real trade interest. It comes to the following conclusions: First, in 2007-2015, in addition to the V-shaped change in the implied emissions of smoke（dust）, the closer industrial production links, technical links and the decreasing intensity of pollution emissions make the other implied emissions decrease year by year. This shows that the emission reduction strategy cannot be achieved at the expense of export scale, but should focus on the intensity of pollution emission, the upgrading of trade structure and the terminal treatment of pollutants. Second, the import intermediate input for export production should be eliminated from the import credits, otherwise, the import implied emissions of 23.08%-32.70% and the import implied wastewater emissions of 23.49%-33.59% will be overestimated, which will lead to the overestimation of China’s real trade interests. Third, the loss of real welfare of the industrial sector’s export trade caused by the three industrial wastes is about 9% every year. The human health loss caused by the exhaust gas accounts for the highest proportion of the total export implied emission environmental cost, followed by the agricultural loss and waste water loss caused by the exhaust gas. Fourth, there is no direct and inevitable relationship among the contribution rate of trade, the emission of industrial pollutants and the rate of economic loss.The marginal contributions of this paper are mainly reflected in four aspects: First, the implied environmental cost of net export is removed from the net added value of trade to examine a country’s real trade interests. Second, the research on trade implied emissions is further expanded to study the environmental costs and real trade benefits of trade implied emissions, and the research object is also changed from single carbon dioxide emissions to general pollutant emissions. Third, the structural decomposition of the cross-period changes in the emissions of the implied pollutants of value-added trade is carried out in order to find out the impact mechanism behind them. Fourth, the research cycle is 2004-2014, which can make a more objective and in-depth analysis of the implied pollution cost and real trade benefits of China’s value-added trade under different international economic and trade relations before and after the crisis.

Internalization strategy of conscious awareness of spices lane as national brand and national pride of Indonesian nation

The archipelago (now Indonesia) in the past was known as the center of the spice commodity, which was needed for various purposes by other nations, such as: China, India, the Middle East, and Europe. This has caused the archipelago to become a destination for traders from other countries for thousands of years, thus creating a trade route called the Spice Route. The glory of the Spice Route in the Archipelago reached its peak in 1500 until 1650, but then collapsed after being ruled by European nations. Nevertheless, the existence of the history of the Spice Track needs to be internalized to students as one of the nation's branding and nation pride of the Indonesian people. The problems are: (1) What is the strategy of internalizing the teaching of the Spice Path to students? (2) What are the efforts made by the government, to support efforts to internalize the historical awareness of the Spice Track? The aim is to instill awareness to the younger generation about the glory of the Indonesian people in the past as a producer of spices. The results showed that the strategy undertaken by the Government of the Republic of Indonesia to internalize the history of the Spice Track to the younger generation was through: exhibitions, historical visits, and discussions / seminars. However, the internalization effort has not been evenly carried out in all provinces, districts and cities. To that end, internalization of the history of the Spice Route can also be done through museum visits, especially provincial state museums located in provincial capitals. Awareness about the history of the Spice Route can also be used to break the efforts of the Chinese government to promote the Maritime Silk Road for their political trade interests.&#x0D;

Current trends in China's international development cooperation to Latin America: potential opportunities and challenges with the belt and road initiative

PurposeThis paper enquires into general trends of China's International Development Cooperation over the past decade in Latin America and provides insights into the challenges with the Belt and Road Initiative.Design/methodology/approachThis paper analyses quantitative data for Chinese Official Development Assistance (ODA) and Other Official Flows (OOF) for projects in Latin America based on recent data contributions including Bluhm et al. (2018) and Gallagher &amp; Myers (2019).FindingsBased on the data available, it can be concluded that the cooperation between China and Latin America has been increasing. For instance, the value of China's cooperation increased by 4.5% per year on average from 2000 to 2014. Moreover, China's economic and political motivations in the region indicate that the cooperative relationship has been changing from a South–South to a North–South framework. Two main factors are involved in this transition: the evolution of China from a developing country to a global emerging power and the implementation of the Belt and Road Initiative to strengthen political and economic ties with the governments of the region.Practical implicationsThis investigation suggests that the increasing number of loans in the region and Beijing's growing interest in trade and natural resources are structural factors that guide the Chinese foreign policy.Originality/valueThere are few analyses of China's cooperation for development in Latin America that involve the evaluation of concessional and non-concessional loans for projects in the region in the last decade. This paper also analyses the challenges and opportunities that the implementation of the Belt and Road Initiative represents for the region.

WTO 분쟁해결과 미국의 통상정책

Since the inauguration of President Trump, the U. S. trade policy has changed its course dramatically departing from more than 70 years after the GATT enacted and followed through by the WTO regime. This paper tries to find the reasons for such deviations from the U. S. dissatisfaction of the inefficient dispute settlement‘s results recent years. With a simple statistical model using ordered logit regressions, this paper finds that the U. S. had been successful in having more favorable results than other WTO members at least for the early ten years of the regime. However, using the same model, empirical tests for the periods after since shows the efficiency of the dispute settlements for the U. S. has not only been deteriorated but also lost much statistical significances. Looking back to the long history of the protective U. S. trade policy birthed even soon after the independence, it's not surprising to witness the changes in her make overs. Multilateral trade regimes after all were designed to serve the U. S. trade interests and, with its decreased effectiveness in recent years, they want to have a new system toward more of their favors. This paper empirically proves why that changes has started with focused on the WTO dispute settlement's performances.

Clash of Trade and National Public Interest in WTO Law: The Illusion of ‘Weighing and Balancing’ and the Theory of Reservation

ABSTRACT In the last two decades, World Trade Organization law’s public interest exceptions (Article XX GATT, Article XIV GATS, Article 2.2 of the TBT Agreement, and Article 20 TRIPS) have seen the emergence and evolution of the doctrine of ‘weighing and balancing.’ This paper provides a criticism of this doctrine through a comparative ontological analysis and demonstrates three propositions. First, it shows that the concept of ‘weighing and balancing’ results from the ill-considered reception of a doctrine pertaining to federal systems. Second, the paper demonstrates through the analysis of the case law that the role of ‘weighing and balancing’ is rather poetical and, in reality, the Appellate Body does not engage in balancing. Third, it proposes that an outspoken ‘necessity’ analysis should be carried out that is tailored to arrangements based on contractual promises and is guided by the notion of quasi-reservation. The paper re-conceptualizes the Appellate Body’s case law and elaborates a doctrinal framework warranted by the function of World Trade Organization law’s public interest exceptions.