James H. Mathis

World Trade Report 2011. The WTO and Preferential Trade Agreements: From Co-Existence to Coherence by World Trade Organization Geneva: World Trade Organization, 2011

The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTOs annual World Trade Report for 2011, the theme of which is The WTO and Preferential Trade Agreements: From Co-Existence to Coherence.

Europe Agreement competition policy for the long term: an accession oriented approach

In seeking to implement the numerous provisions of the Europe Agreements, the countries of Central and Eastern Europe (CEECs) find themselves in difficult positions regarding their ability to quickly integrate with the internal market. At the same time a number of commentators have pressed for an early and credible commitment by the EU for CEECs accession to the Union. Commentators are also noting the important role of competition rules in both the economic and legal process of integration and have begun to criticize the existing competition policy framework as applied to the CEECs. The Europe Agreements which are concluded with ten Central European countries are said to have not been intended function as a comprehensive accession vehicle for them, but rather served as a commitment to form a free trade area, without a clear blue print for additional internal market integration or specifications for accession requirements (see Peers, 1995 and Marescou and Montaguti, 1995).

From treaty-making to treaty-breaking

From Treaty-Making to Treaty-Breaking is the first high-level analysis of ASEAN’s external trade agreements with non-ASEAN states. It clearly sets out the intended, and unintended, consequences of ASEAN’s prevailingmethod of treaty-making, with suggested guidelines for the future. The book begins by asking whether ASEAN trade agreements follow worldwide trends in the substantive content of such agreements. It raises questions such as: to what extent is it possible to continue concluding trade agreements through individual member states?; what are the legal consequences – from negotiation and conclusion (treaty-making) through to possible breach of the agreements (treaty-breaking)?; should ASEAN resort to mixed treaty-making? This study does not seek to give a definitive answer to these questions, rather it opens up the topic to readers by suggesting different possible models for ASEAN trade agreements. This thought-provoking book will appeal to anyone interested in trade negotiations and trade agreements, particularly in Asia.

Addressing transatlantic regulatory barriers

This chapter proposes and assesses a legal regulatory recognition instrument to address non-tariff barriers to trade for goods and services in a US and EU transatlantic regional trade agreement. The procedure would make a factual determination that the underlying levels of protection sought to be guaranteed by the parties’ respective regulations are substantially equivalent. An equivalency finding would promote recognition by shifting the burden of proof to conformity assessment systems to demonstrate why they cannot be recognized as meeting the equivalent level of protection. The instrument as proposed would be made operable by private rights of action, accord representation to consumers’ interests, and retain certain political features as entrusted to a supervising trade agreement committee. A second part of the chapter considers the WTO aspects of such an equivalency instrument and determines that it may be employed on a preferential basis as long as any resulting final recognition is not limited to only goods or services of national origin.

Addressing transatlantic regulatory barriers: can the US and the EU create an effective equivalency instrument?

This chapter proposes and assesses a legal regulatory recognition instrument to address non-tariff barriers to trade for goods and services in a US and EU transatlantic regional trade agreement. The procedure would make a factual determination that the underlying levels of protection sought to be guaranteed by the parties’ respective regulations are substantially equivalent. An equivalency finding would promote recognition by shifting the burden of proof to conformity assessment systems to demonstrate why they cannot be recognized as meeting the equivalent level of protection. The instrument as proposed would be made operable by private rights of action, accord representation to consumers’ interests, and retain certain political features as entrusted to a supervising trade agreement committee. A second part of the chapter considers the WTO aspects of such an equivalency instrument and determines that it may be employed on a preferential basis as long as any resulting final recognition is not limited to only goods or services of national origin.

Services and investment in the EU-South Korea free-trade area: implications of a new approach for GATS V agreements and for bilateral investment treaties

This paper focuses on the services and investment features of the recently concluded free trade agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part. This agreement is an early example of a new scheduling approach adopted by the European Union in its regional trade agreements. Rather than isolating services and investment into different sections for attention, the provisions for these factors are merged into a single and integrated approach for establishment and national treatment. After outlining the primary features of the agreement, we analyze the approach taken by the parties to services and investment liberalization. Finally, the implications of this approach are considered in light of the WTO General Agreement on Trade in Services rules for economic integration agreements, and existing bilateral investment treaties operating between the parties.