916 resultados para Favored nation clause


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Recently, there has been a surge in bilateral and regional trade arrangements between developed and developing countries, which are known as North-South RTAs. Under the current legal system of the WTO, North-South RTAs are governed by Article XXIV of the GATT or Article V of the GATS, which means such RTAs must be reciprocal and must cover substantially all the trade. On the other hand, there is another category of rules on RTAs based on the so-called Enabling Clause, which, in exceptional circumstances, provides special and differential treatment (SDT) for RTAs among developing countries. This paper considers the applicability of the SDT concept to North-South RTAs by examining why rules on RTAs and the concept of SDT were incorporated into the GATT/WTO legal framework so as to permit the derogation of most-favored-nation (MFN) obligations.

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Il principale obiettivo della tesi è dimostrare come la connessione tra i differenti livelli giuridici che riguardano le relazioni tra Stati membri dell'UE richieda un'interpretazione sistematica delle convenzioni contro le doppie imposizioni intracomunitarie, ed in particolare richieda l'applicazione della clausola della nazione più favorita.

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The preference utilization ratio, i.e., the share of imports under preferential tariff schemes out of total imports, has been a popular indicator for measuring the usage of preferential tariffs vis-à-vis tariffs on a most-favored-nation basis. A crucial shortcoming of this measure is the data requirements, particularly for import value data classified by tariff schemes, which are not available in most countries. This study proposes an alternative measure for preferential tariff utilization, termed the "tariff exemption ratio." This measure offers the unique advantage of needing only publicly available data, such as those provided by the World Development Indicators, for its computations. We can thus calculate this measure for most countries for an international comparison. Our finding is that tariff exemption ratios differ widely across countries, with a global average of approximately 50%.

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The investment agreement relationship between China and Japan is complex. The many intersecting and overlapping agreements can rightly be described as a "noodle bowl of agreements." The 1989 bilateral investment treaty (BIT) between China and Japan still stands. Japan can also free-ride on the negotiation outcome of China's BITs and free trade agreements (FTAs) with other countries by using the most-favored-nation (MFN) provision in the 1989 China-Japan BIT, which does not contain regional economic integration organization (REIO) exception rules. However, because the China-Japan BIT does not have investor-state dispute settlement (ISDS), it may face implementation problems. The China-Japan-Korea trilateral investment treaty (CJK TIT), in force since 2014, made improvements upon the 1989 BIT, but Japan is not entirely satisfied with the outcome. For Japan, pre-establishment national treatment (NT) and prohibition of various types of performance requirements are the most important negotiation items, but the CJK TIT insufficiently addressed those problems. Moreover, because the CJK TIT has MFN provisions with an REIO exception rule, better access to investment markets brought about by future FTAs such as the China-Korea FTA and the EU-China FTA cannot be imported into CJK TIT. Hence, in the long run, Japan needs to pursue an FTA investment chapter with China that covers both MFN and ISDS.

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This study contributes to the literature on gravity analysis by explicitly incorporating both most favored nation (MFN) rates and regional trade agreement (RTA) rates. Our gravity equation considers the fact that all exporters do not necessarily utilize RTA schemes, even when exporting to their RTA partners. We apply the tariff line–level data on worldwide trade to this gravity equation. As a result, we find a significantly negative coefficient for the (log) ratio of RTA rates to MFN rates. From the quantitative point of view, we show that in the first year of the Japan–Australia Economic Partnership (i.e., 2015), exports from Australia to Japan are expected to increase by 6% compared with the exports in 2014. Furthermore, it is shown that, based on the subsequent reduction in RTA rates, the magnitude of the trade-creation effect through tariff reductions gradually rises over time.

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Using highly detailed import data for Thailand, this paper examines firm-level trade creation and diversion of regional trade agreements (RTAs). Specifically, by focusing on firm-product pairs in which firms import a particular product from non-members but not from RTA members in the initial year of our sample, we empirically investigate the start of imports from RTA members under RTA schemes and the cessation of imports from non-members at the firm-level. We find that firms are more likely to stop importing products with low RTA tariff rates or high most-favored-nation tariff rates from non-members and to start importing such products from RTA member countries. However, from the quantitative point of view, there are very few firms that switch import sources from non-members to RTA members when facing the introduction of RTA schemes.

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This paper considers the relationship between the recent historiography (of the last quarter century) of “New Zealand architecture” and the historical notion of “New Zealand-ness” invoked in contemporary architecture. It argues that a more recent programmatic uptake of post-War discussions on national identity and regional specificity has fed the tendencies of practicing architects to defer to history in rhetorical defences of their work: the beach-side mansion as a contemporary expression of the 1950s bach; a formal modernism divorced from the social discourse adherent to the historical moment that it “restates”; and so on. The paper will consider instances in the historiography of New Zealand architecture where historians have compounded, consciously or accidentally, a problem that is systemic to the uses made by architects of historical knowledge (in the most general examples), identifying the difficulties of relying upon the tentative conclusions of an under-studied field in developing principles of contemporary architectural practice under the banners of New Zealand-ness, regionalism, or localism, or with reference to icons of New Zealand architectural history. At the heart of this paper is a reflection on historiographical responsibility in presenting knowledge of a national past to an audience that is eager to transform that knowledge into principles of contemporary production. What, the paper asks, is the historical basis for speaking of a New Zealand architecture? Can we speak of a national history of architecture distinct from a regional history, or from an international history of architecture?

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IN recent decades nationalism has sometimes been classed in the same category of immoral behaviours as racism and sexism. Reading from the historical and literary record, nationalism often appears to have been little other than racism and sexism. Race was the very basis of the national settlement in early twentieth-century Australia; how profoundly, I think, is something we still have to learn. How far are we from thinking in terms of First Nations as a way of acknowledging Indigenous Australia? Our easy familiarity with and moral superiority to' pre- I967 Australia and the White Australia Policy means that there are many degrees of Australian racism that remain hidden from commonplace historical knowledge·:' Australians still tend to think of South Africa as belonging to-another time and place altogether, another moral universe and historical trajectory. This was not a mistake that colonial Australians made. The parallels will become less and less resistible.

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