The future creation of a region-wide economic agreement in Asia has become the hot issue among trade policymakers in the region. The APEC 2010 Summit Statement clearly states that the members should pursue a Free Trade Area of the Asia-Pacific (FTAAP), building on various ongoing regional cooperation formworks including ASEAN+3 or +6 and the Trans-Pacific Partnership (TPP). This paper considers the path or sequencing towards a future region-wide economic agreement in Asia, both theoretically and empirically. It attempts to streamline the policy arguments on the sequencing issues by clarifying the pros and cons of various approaches. The paper first presents two possible approaches to a region-wide economic agreement: the consolidation approach and the expansion approach. It then reviews political economy theories on the evolution of economic agreements with regard to four key issues to highlight the differences between the two approaches: (i) negotiation timing, (ii) negotiation format, (iii) broader–deeper trade-off, and (iv) the participation process. The final section of the paper analyzes and considers three existing economic agreements—ASEAN+ free trade agreements, the TPP, and the Asia–Pacific Trade Agreement—that have the potential to be the basis of a future region-wide economic agreement.
Abstract Summary A judgement by a domestic court in an international economic dispute, where the parties have agreed on an International Dispute Settlement Mechanism (IDSM), may be legitimate from the perspective of domestic law. However, it might entail concerns from the perspective of third states and Public International Law (PIL). Such concerns might be aggravated by the broadening of delicate foreign relations elements and protections for investors woven into international economic agreements. In the absence of clear PIL rules for conflicts arising from overlapping jurisdictional claims, such jurisdictional issues are subject to the discretion of the domestic court. A tendency to adjudicate such claims is strongly demonstrated in the caselaw of the EU Court of Justice (CJEU). The CJEU's jurisdictional attitude towards competing IDSMs is examined in the context of the recent CJEU caselaw on disputes under bilateral and multilateral investment treaties involving non-EU states and investors, where the parties have committed to arbitration. The analysis then focuses on CJEU judgments on disputed EU trade agreements with non-EU states controlling Disputed Territories (DTs), in particular, trade with Israeli controlled DTs, where the parties have agreed on an IDSM. These judgements present substantial competing jurisdictional issues, that were scarcely dealt with in the literature. Consequently, the CJEU's jurisdictional policy provides an excellent basis on which normative conclusions can be drawn regarding the profound effect it may have on third states, foreign investors and on the development of rules for the resolution of international economic conflicts.
Durante el gobierno de los Monagas en Venezuela, se aplicaron nuevos impuestos y empréstitos con el fin de solventar el déficit presupuestario. En el escenario de la provincia de Maracaibo, muchos sectores se resistieron a aportar sus ingresos, sin embargo hubo otros actores que se prestaron a suplir las necesidades de las instituciones a cambio de ciertas concesiones en la realización de negocios. El objetivo del artículo es analizar las resistencias, alianzas y conflictividades entre 1848-1858 en la provincia señalada. A través del método histórico, concluyo que pese a ciertas alianzas con algunos ciudadanos, la política fiscal agudizó la crisis económica de la provincia. ; During the government of Monagas in Venezuela, new taxes and borrowing in order to solve the budget deficit they were applied. In the scenario of the province of Maracaibo, they resisted many sectors provide their income, however there were other actors who volunteered to meet the needs of the institutions in exchange for certain concessions in conducting business. The aim of this paper is to analyze the resistance, alliances and other conflicts in the period 1848-1858, in this province. Using the historical method, it concludes that although certain alliances with some citizens, fiscal policy deepened the economic crisis in the province. ; 184-194 ; leonardofavio87@gmail.com ; Semestral
Abstract In the wake of Donald Trump's election to the US presidency, the 'losers' from globalization have received unprecedented attention. While few would contest that manufacturing workers in developed countries have lost out over the past decades, the remedies proposed by President Trump have been met with a mixture of concern and ridicule by the trade establishment. And, yet, it seems clear that, at least in the USA, politicians and trade officials are no longer able to convince voters that international economic agreements will 'lift all boats'. Instead, those engaged in debates about trade policy will need to be open about the fact that international economic agreements create both winners and losers. This article identifies three narratives about who those winners and losers are. The article argues that the contestation between these three narratives is not one that can be resolved through empirical analysis but, instead, that the narratives contain irreducible normative elements. The article further explores the implications of these narratives for the redesign of international economic agreements.