By Candido Tomas Garcia Molyneux, Candido Tomas Garcia Molyneux
This e-book locations overseas alternate legislation inside of an fiscal, political and sociological context, contending that globalisation is characterized by means of either homogeneity and variety. The ebook specializes in the united states and the EC, analysing various institutional and substantial elements of unfair exchange tools, akin to anti-dumping and countervailing measures and industry entry tools. The e-book considers political motion prescribed via formal constitutions in a much broader socio-economic context, rejecting the a-historical and structurally blind normative notion of unfastened exchange.
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Additional resources for Domestic Structures and International Trade: The Unfair Trade Instruments of the United States and the European Union (Studies in European Law and Integration)
To influence the international regime for their benefit, states have to act rationally and as monoliths. States are required to act efficiently and with one voice as if there were no internal domestic differences. But globalisation itself creates the paradox. Due to the increasing effects of globalisation within the internal sphere, trade relations can no longer be considered to be an issue for a reduced number of experts. 68 States will need to develop constitutional procedures which will provide the necessary domestic legitimacy to act effectively in a global system characterised by diversity.
81 (1994). M. 112 (1994). 12 A Lowenfeld, “Remedies Along Rights: Institutional Reform in the New GATT” (1994) 88 Am. J. Int’l L. 477–488, 478; see also E U Petersmann, “The Transformation of the World Trading System Through the 1994 Agreement Establishing the World Trade Organisation” (1995) 6 Euro. J. Int’l L. 161–221. 13 For the concept of embedded liberalism, see Section B of this Chapter. Theoretical Background 3 To understand the globalisation process as one ruled by states, it is possible to adopt different approaches.
Arguably anti-dumping and countervailing duties would protect domestic producers from the unfair trade of foreign producers, whereas market access instruments would try to open up unfair foreign markets for domestic producers. But this is only to a certain extent. In practice, defensive instruments, may also indirectly (and therefore less efficiently) be offensive. ), Fair Trade and Harmonization: Prerequisites for Free Trade? (Cambridge, The MIT Press, 1996), 472–513, 401 (analysing US Super 301 and the Structural Impediments Initiative against Japan.