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Bilateral and regional trade agreements : commentary and by Simon Lester, Bryan Mercurio

By Simon Lester, Bryan Mercurio

Because the Doha improvement around exchange negotiations have stalled, bilateral and neighborhood unfastened exchange agreements became a major replacement. those agreements have proliferated in recent times, and now all the significant buying and selling international locations are conducting severe bilateral and neighborhood exchange negotiations with a number of buying and selling companions. This ebook offers a accomplished examine of contemporary bilateral and local exchange agreements. There are major points. First, it situates bilateral and nearby exchange agreements within the context of economics, overseas legislations and diplomacy. moment, it surveys an important fresh agreements in terms of each one important subject coated (e.g. highbrow estate, funding, prone and social coverage) and offers an summary of the legislations being created in those parts.

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The result of the proliferation of these agreements is that today’s international trade rules now consist of a number of instruments. At the forefront, there is the multilateral WTO Agreement, which includes 151 countries or customs territories. In addition, there are the traditional regional trading blocs, each with their own agreements, some of which provide for deep integration or customs unions among the member countries. Then, there is the complex web of bilateral trade agreements between individual countries.

Bilateralism, however, only significantly gained momentum following the failed WTO negotiations at the 1999 Seattle Ministerial Conference. Prior to 1999, it was rare for the major trading powers to negotiate and sign bilateral trade agreements. Following the failed Ministerial, all major trading nations (including the East Asian nations) almost immediately launched multiple negotiations. A large number of 3 4 SIMON LESTER AND BRYAN MERCURIO such agreements have now been negotiated and signed, and many more are currently being negotiated.

Government of the Italian Republic on the Promotion and Protection of Investments Agreement on the Reciprocal Promotion and Protection of Investments signed by the Kingdom of Spain and the Argentine Republic Agreement on the Reciprocal Promotion and Protection of Investments signed by the Kingdom of Spain and the United Mexican States Agreement between the Government of the Kingdom of Sweden and the Government of the Laos People’s Democratic on the Promotion and Reciprocal Protection of Investments Long Title Laos (Lao PDR), Sweden Mexico, Spain Argentina, Spain Parties Signed 29 August 1996 In force 18 December 1996 Signed 3 October 1991 Status xlvii United States–Argentina BIT Switzerland–Jordan BIT Switzerland–Iran BIT Sweden–Philippines BIT Agreement between the Government of the Republic of the Philippines and the Government of the Kingdom of Sweden on the Promotion and Reciprocal Protection of Investments Agreement between the Swiss Confederation and the Islamic Republic of Iran on the Promotion and Reciprocal Protection of Investments Agreement between the Hashemite Kingdom of Jordan and the Swiss Confederation on the Promotion and Reciprocal Protection of Investments Treaty between the United States of America and the Argentine Republic Concerning the Reciprocal Encouragement and Protection of Investment Argentina, United States Jordan, Switzerland Iran, Switzerland Philippines, Sweden Signed 14 November 1991; in force 20 October 1994 Signed 11 November 1976 Signed 8 March 1998 Signed 18 August 1993 xlviii Agreement between Australia and the European Community on Trade in Wine Agreement between the European Community and Canada on Trade in Wines and Spirit Drinks Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (Annex VI: Agreement on Trade in Spirit Drinks and Aromatised Drinks) Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (Annex V: Agreement on Trade in Wines) EC–Australia Wine Agreement EC–Chile Wine Agreement EC–Chile Spirits Agreement EC–Canada Wine and Spirits Agreement Full Title Short Title (5) Wine and Spirits Agreements Chile, European Union Chile, European Union Canada, European Union Australia, European Union Parties Signed 14 February 2006 Signed 14 February 2006 Signed 26 January 1994 (at Brussels) and 31 January 1994 (at Canberra); in force 1 March 1994 Signed 16 September 2003; in force 1 June 2004 Status xlix EC–US Wine Agreement EC–Switzerland Wine Agreement EC–Switzerland Spirits Agreement EC–South Africa Wine Agreement EC–South Africa Spirits Agreement EC–Mexico Spirits Agreement Agreement between the European Community and the United Mexican States on the Mutual Recognition and Protection of Designations for Spirit Drinks Agreement between the European Community and the Republic of South Africa on Trade in Spirits Agreement between the European Community and the Republic of South Africa on Trade in Wines Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products (Annex 8) Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products (Annex 7) Agreement between the European Community and the United States of America on Trade in Wine Signed 10 March 2006 Signed 21 June 1999 European Union, Switzerland European Union, United States Signed 21 June 1999 European Union, Switzerland Signed 28 January 2002 Signed 28 January 2002 European Union, South Africa European Union, South Africa Signed 27 May 1997 European Union, Mexico TABLE OF ABBREVIATIONS ACP AMS ASEAN APEC BIT BTA CAFTA CACM CAP CARICOM CCRAEC CCRALC CEECs CEFTA CEPT CIS CU CRTA DDA DSB DSM DSU EBA EC ECHR ECJ ECLA ECOSOC EEC EFTA African–Caribbean–Pacific Aggregate Measurement of Support Association of Southeast Asian Nations Asia-Pacific Economic Co-operation Bilateral Investment Treaty Bilateral Trade Agreement Central America Free Trade Agreement Central American Common Market Common Agriculture Policy Caribbean Common Market Canada–Costa Rica Agreement on Environmental Co-operation Canada–Costa Rica Agreement on Labour Co-operation Central and Eastern European Countries Central European Free Trade Area Common Effective Preferential Tariff Commonwealth of Independent States Customs Union Committee on Regional Trade Agreements Doha Development Agenda Dispute Settlement Body Dispute Settlement Mechanism Understanding on Rules and Procedures Governing the Settlement of Disputes Everything But Arms European Communities European Court of Human Rights European Court of Justice Economic Commission for Latin America The Economic and Social Council of the United Nations European Economic Community European Free Trade Association L LI EU EC Treaty/EU Treaty FNC FTA GATS GATT GCC GDP GI GSP Havana Charter ICJ ICJ Statute ICSID ICTSD ILC ILO IMF IP ISDS ITO MERCOSUR MEA MFN NAAEC NAALC NAFTA NGO NT OECD OECS OPEC PCIJ PTA ROO RTA SACU TABLE OF ABBREVIATIONS European Union Treaty of the European Union/Treaty Establishing the European Communities Friendship, Navigation and Commerce Free Trade Agreement General Agreement on Trade in Services General Agreement on Tariffs and Trade Gulf Cooperation Council Gross domestic product Geographical indications Generalised system of preferences Havana Charter for an International Trade Organisation International Court of Justice Statute of the International Court of Justice International Centre for Settlement of Investment Disputes International Centre for Trade and Sustainable Development International Law Commission International Labour Organization International Monetary Fund Intellectual Property Investor–State Dispute Settlement International Trade Organization Common Market of the Southern Cone Multilateral Environmental Agreement Most favoured nation North American agreement on Environmental Co-operation North American Agreement on Labor Co-operation North American Free Trade Agreement Non-Governmental Organisation National Treatment Organisation of Economic Co-operation and Development Organisation of East Caribbean States Organisation of Petroleum-Exporting Countries Permanent Court of International Justice Preferential Trade Agreement Rules of origin Regional Trade Agreement Southern African Customs Union LII SCM SPS TBT TIFA TPA TRIMs TRIPS TRQ UK UN UN Charter UNCITRAL UNCTAD UNESCO US USSR USTR Vienna Convention WIPO Working Procedures World Bank WTO WTO Agreement TABLE OF ABBREVIATIONS Subsidies and Countervailing Measures Sanitary and Phytosanitary Agreement Technical Barriers to Trade Trade and Investment Framework Agreement Trade Promotion Agreement Agreement on Trade-Related Investment Measures Agreement on Trade-Related Aspects of Intellectual Property Rights Tariff-rate quotas United Kingdom United Nations Charter of the United Nations United Nations Commission on International Trade Law United Nations Conference on Trade and Development United Nations Educational, Scientific and Cultural Organisation United States of America Union of Soviet Socialist Republics/Soviet Union United States Trade Representative Vienna Convention on the Law of Treaties of 1969 World Intellectual Property Organisation Working Procedures for Appellate Review International Bank for Reconstruction and Development World Trade Organisation Marrakesh Agreement Establishing the World Trade Organisation PART I Introduction 1 Introduction SIMON LESTER AND BRYAN MERCURIO The modern history of the world trading system, and in particular international trade agreements, is evidenced by shifts among bilateralism, regionalism and multilateralism.

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