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Articles 1 - 12 of 12
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Overcoming The Geneva Impasse: How Regional Trade Agreements Can Help Global Trade, Chin Leng Lim
Overcoming The Geneva Impasse: How Regional Trade Agreements Can Help Global Trade, Chin Leng Lim
Chin Leng Lim
The World Trade Organisaton’s rules have permitted regional trade agreements since 1947. Over the years its membership has made only half-hearted efforts to tighten these rules. Without ignoring some well-known drawbacks which attend regional trade agreements, we need to understand the reasons for this hesitancy: regional agreements can help global trade.
The Wages Of Belonging: Rare Earths From China, And The Return Of Gatt À La Carte, Chin Leng Lim, J. H. Senduk
The Wages Of Belonging: Rare Earths From China, And The Return Of Gatt À La Carte, Chin Leng Lim, J. H. Senduk
Chin Leng Lim
China has lost the Rare Earths case before a Panel which, however, split 2:1 on whether the Chinese Accession Protocol's general ban on export duties would allow General Agreement on Tariffs and Trade (GATT) Article XX to be invoked. The question affects whether other Recently Acceded Members' (RAMs') WTO-plus terms of accession should generally be read together with the GATT. Export quotas are unproblematic because Article XI is contained in the GATT. China's quota-based conservation measures were however strictly scrutinized, raising other questions about the room RAMs have to invoke Article XX if they might have to depend upon highly …
Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim
Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim
Chin Leng Lim
Regional trade agreements (RTAs) comprise customs unions and free trade agreements (FTAs). The difference lies in the absence of a common customs border in the case of customs unions. Thus, countries A and B, which are FTA partners, will nonetheless impose different duties on third-country imports, while at the same time granting preferential treatment to each other. A major criticism is that all RTAs, customs unions and FTAs alike, discriminate against non-parties. In contrast, most favoured nation (MFN) treatment operates in the multilateral system to extend concessions made by any member of the World Trade Organization (WTO) to any other …
The Conventional Morality Of Trade, Chin Leng Lim
The Conventional Morality Of Trade, Chin Leng Lim
Chin Leng Lim
This chapter is concerned with the kinds of moral and political arguments that developing countries have made in the name of global justice. Claims for the direct global redistribution of resources have not loomed large in international trade law and regulation. To be sure, they were raised during the failed negotiations for an International Trade Organization (ITO), but the principal tension that has come to the fore in trade law and policy debate is that between the formal rules of nondiscrimination under the General Agreement on Tariffs and Trade (GATT) and the developing countries’ calls for exceptions to those rules. …
'You Don't Miss Your Water 'Til Your River Runs Dry': Regulating Industrial Supply Shortages After 'China-Raw Materials', Chin Leng Lim, J. H. Senduk
'You Don't Miss Your Water 'Til Your River Runs Dry': Regulating Industrial Supply Shortages After 'China-Raw Materials', Chin Leng Lim, J. H. Senduk
Chin Leng Lim
Global industrial production depends on stable access to raw inputs. Food price volatility has emerged as a major concern for Group of Twenty Finance Ministers and Central Bank Governors (G20), while we are hearing new calls for bringing global disciplines to resource cartels like the Organization of the Petroleum Exporting Countries (OPEC). Supply chains that make up globalized production recently demonstrated their potential fragility when Chinese sovereign intervention threatened to bring Japan’s high-tech manufacturing to its knees by cutting off its supplies. These wide-ranging issues are now being addressed under the umbrella of trade regulation. As a result, we are …
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
Chin Leng Lim
An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. This paper argues that democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. This article traces the practices of the Association of Southeast Asian Nations (ASEAN), together with that of China, Korea, Japan, Australia, and New Zealand. We find two …
The Politics Of Competing Jurisdictional Claims In Wto And Rta Disputes, Chin Leng Lim, Henry S. Gao
The Politics Of Competing Jurisdictional Claims In Wto And Rta Disputes, Chin Leng Lim, Henry S. Gao
Chin Leng Lim
Cast Light And Evil Will Go Away: The Transparency Mechanism For Regulating Regional Trade Agreements Three Years After, Jo-Ann Crawford, Chin Leng Lim
Cast Light And Evil Will Go Away: The Transparency Mechanism For Regulating Regional Trade Agreements Three Years After, Jo-Ann Crawford, Chin Leng Lim
Chin Leng Lim
Our aim is to test the idea that the WTO’s ability to regulate RTAs is likely to decline with the proliferation of RTAs worldwide. According to this idea: (1) “people who live in glass houses should not throw stones”, (2) with the proliferation of RTAs, WTO members are likely to place their interests before the interests of the multilateral system, and (3) there would be fewer WTO members demanding stricter disciplines for RTA regulation. However, our finding is that WTO members have at least continued to accord attention to the problems associated with RTA proliferation, and they continue to engage …
On Free Trade And The Post-American World, Chin Leng Lim
On Free Trade And The Post-American World, Chin Leng Lim
Chin Leng Lim
Amongst the small group of technical and diplomatic experts in the GATT/WTO and trade scholars (the “Gattologists”) whose professional preoccupation has been with global tradenegotiations, the decline of American power had been keenly observed and felt even before the demise of the Cold War. This chapter discusses the insights of the trade specialist against the legacy of American free trade. We need to assess where America stood after World War II, where it is today following a series of significant changes in the distribution of power within the GATT/WTO, and America’s responses. Taking a trade policy perspective is useful because …
China And The Doha Development Agenda, Chin Leng Lim, Jiangyu Wang
China And The Doha Development Agenda, Chin Leng Lim, Jiangyu Wang
Chin Leng Lim
The China–Asean Tariff Acceleration Clause, Chin Leng Lim
The China–Asean Tariff Acceleration Clause, Chin Leng Lim
Chin Leng Lim
Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry S. Gao, Chin Leng Lim
Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry S. Gao, Chin Leng Lim
Chin Leng Lim
Over the past few decades, Regional Trade Agreements (RTAs) have proliferated globally. Such proliferation of RTAs created a renewed sense of urgency for the WTO to take action in order to avoid the fate of being eclipsed into irrelevance. There are several options for coping with the challenge. Theoretically speaking, the best approach would be to heighten the level of ambition in global trade talks to reduce all trade barriers to zero so that the discriminatory effect created by RTAs could be reduced or even eliminated. In reality, such an approach would be impossible for well-known reasons. The next best …