A partir de revisão do histórico da regulação do segmento de distribuição de energia elétrica no Brasil, da revisão de conceitos de Teoria da Regulação, Distribuição de Energia Elétrica, Estrutura Tarifária, Regulação de Monopólios Naturais, Qualidade do Serviço Prestado, e Sustentabilidade Econômico-Financeira, assim como definições de Direito Administrativo, Teoria Geral de Concessões de Serviços Públicos e política de preço aplicada a monopólios naturais, aprende-se que o regime tarifário chamado de serviço pelo preço (price cap) foi adotado a partir da edição da Lei de Concessões, sendo abandonado o regime do custo do serviço (rate of return), praticado desde a década de 1950. Contudo, a distinção entre os dois regimes de regulação tarifária fica prejudicada devido às práticas do regulador, fato que ocorre não apenas no Brasil. Conforme estabelecem os contratos de concessão, as tarifas deveriam ser preservadas pela equação de equilíbrio inicial \'RPI +/- X\', sendo previstas revisões tarifárias periódicas, observadas as alterações na estrutura de custos e de mercado, os níveis de tarifas observados em empresas similares no contexto nacional e internacional, e estímulos ao ganho de eficiência e à modicidade tarifária. Passadas duas décadas da implantação do price cap, observa-se que o regulador incorporou práticas do rate of return, criando instrumentos de reposicionamento das tarifas de acordo com critérios e trajetórias de custos operacionais eficientes e componentes discricionários de cálculo do ganho de produtividade, dotando o processo de reajuste e revisão das tarifas de excessiva complexidade. Assim, buscando-se maior simplicidade e clareza nos processos tarifários, de modo a incentivar de forma mais adequada o investimento na melhoria da qualidade do serviço e na sustentabilidade da concessão, o presente trabalho propõe aperfeiçoamentos na metodologia tarifária com base em parâmetros de eficiência em relação à qualidade do serviço prestado, discutido no âmbito do Mecanismo de Incentivo à Melhoria da Qualidade (MIQ) por meio do componente \'Q\' do Fator X, e de eficiência em relação à gestão econômico-financeira (sustentabilidade), aferida por parâmetros utilizados amplamente no setor financeiro, tratados como elementos de uma política de incentivos para assegurar a trajetória de sustentabilidade da concessão. A partir do princípio contratual de que os processos tarifários consideram como receita da distribuidora a soma de uma parcela não gerenciável (VPA) e de parcela gerenciável (VPB), a busca por maior simplicidade e clareza diz respeito ao estrito cumprimento dos critérios contratuais, com retorno à prática da regulação de serviço pelo preço, como estabelecido pela Lei de Concessões. A aplicação dos aperfeiçoamentos propostos é realizada mediante estudos de caso de duas distribuidoras de energia elétrica em situações de qualidade e sustentabilidade distintas. O resultado ilustra que a qualidade e sustentabilidade do serviço podem ser parâmetros importantes para introdução de uma metodologia menos complexa e mais objetiva para reajuste e revisão das tarifas de fornecimento no Brasil. / The Tariff Regulation for public service distribution of electrical energy, called \"price cap\" was adopted in Brazil from the publication of Law 8.095/1995 (the Law of Concessions), therefore abandoning the \"return rate\" remuneration system practiced since the late 1950s. However, the distinction between price cap and return rate regulation was negatively affected due to practices of the regulatory agency (National Electric Energy Agency - ANEEL), which occurs not only in Brazil. As established in concession contracts, the tariffs should be preserved by the equation of initial balance \'RPI +/- X\', forecasting tariff reviews periodically by observing changes in the structure of the licensee\'s costs and market share, the levels of rates observed in similar businesses in the national and international context, as well as stimulating efficiency gains and controlling tariffs. After two decades of implementation of the system of price cap in Brazil, and after four cycles of periodic review of tariffs, it is observed that the regulator has incorporated practices of rate of return throughout the process, creating instruments of repositioning of tariffs in accordance with criteria of operational costs considered efficient and discretionary components of calculating the productivity gains (X Factor), giving the process of readjustment and revision of rates of excessive complexity. In search of greater simplicity and clarity in the tariff process in order to encourage more adequately the investment in improving the quality of service and sustainability, this Thesis presents proposals for the improvement of tariff methodology based on parameters efficiency in terms of quality of service, objectively measured by global indicators of continuity and efficiency in relation to the economic and financial management (sustainability), measured by parameters used widely in the financial sector. The improvement of the efficiency of quality is discussed under the Incentive to Quality Improvement Mechanism (MIQ) of the Brazilian tariff regulation through the \'Q\' component of Factor X. The improvements on the extent of economic and financial sustainability are treated as elements of an incentive policy to ensure a path of sustainability of the concession, given that the Brazilian regulator has not adopted explicit mechanisms of sustainability, except those specifically defined in the process of renewal of distribution concessions, pursuant to Presidential Decree n. 8.461/2015. From the contractual principle that tariff processes consider the distribution company Requested Revenue as the sum of an unmanageable portion (VPA) and manageable portion (VPB), the search for greater simplicity and clarity with respect the strict compliance with the contract criteria, returning to the practice of price cap regulation, as established by the Concessions Law. The implementation of improvements for the proposed tariff mechanisms is carried out through case studies relating to two electricity distribution companies in different quality and sustainability situations. The result of the study shows that the quality and sustainability of the service in the electricity distribution segment can be important parameters for introducing a less complex and more objective methodology for adjustment and review of electricity tariffs in Brazil.

Magister Legum - LLM / The provisions of the General Agreement on Tariffs and Trade (GATT 1994) generally give favourable consideration to developing and least developed countries.1 Firstly, at the core of these provisions is the principle of special and differential treatment of these countries. As such developing countries are to meet their obligations under the WTO agreements as and when the special needs of their economies permit. The GATT 1994 provisions exempt least developed countries from participating in the obligations under the WTO agreements until such a time that they attain a reasonable level of development.Secondly, the Ministerial Meeting in Doha in November 2001 adopted a development agenda (that described capacity building activities as “core elements of the development dimension of the multilateral trading system”) and called for more co-ordinated delivery of trade related technical assistance and capacity building.2 In this regard, developed members of the WTO have committed to provide technical assistance to developing and least developed members in order to build their capacity to participate effectively under the WTO.The reality of the situation on the ground is that developing and least developed countries still face a lot of challenges which hinder their full participation and realization of the benefits under the multilateral trading system. It must be appreciated, at the same time that developing countries like China and India have been active and influential in the multilateral trading system, and additionally, their economies have and are experiencing overt growth. What lessons does Africa need to learn from China and India?This study examines the causes of the poor performance of Sub Saharan Africa’s developing and Least Developed Countries in the multilateral trading system. In this regard, examples are drawn from two countries, namely, Kenya and Zambia.Further, the study examines the initiatives the WTO provides to enhance the trade capacity of its developing and least developed members. In addition, the study examines African trade capacity building initiatives such the New Partnership for Africa’s Development (NEPAD) and the African Capacity Building Foundation (ACBF) Initiatives, as well as the African Growth and Opportunity Act (AGOA) Initiative in order to establish how these initiatives can assist in enhancing the trade capacity of developing and least developed countries.The study further examines the role of regional trade integration in enhancing the trade capacity building of developing and least developed countries. In this case, examples are drawn from the Southern Africa Development Community (SADC) and the Common Market for Eastern and Southern Africa-Developing Countries (COMESA). In this regard, the study concludes that fully-fledged regional integration has the potential to promote economic growth and industrial development in Africa.The study also demonstrates the importance of the participation of governments and the private sector in improving a country’s participation in the multilateral trading system. This study particularly takes key interest in the crucial role of the public-private partnerships in enhancing competitive forces and competitiveness necessary to maximize trade opportunities, which in turn produces economic development.It is observed and concluded in this study that sustainably financed technical assistance and capacity building programmes have important roles to play in so far as integration of Sub Saharan Africa into the global trading system is concerned; and that developing countries in general and LDCs in particular are to be provided with enhanced Trade-Related Technical Assistance (TRTA) and capacity building to increase their effective participation in the negotiations, to facilitate their implementation of GATT/WTO rules and to enable them adjust and diversify their economies.

Au cœur de cette thèse réside l'application des méthodes d'optimisation et d'études empiriques pour traiter des questions de développement durable dans le secteur de l'électricité du Vietnam pour les 30 prochaines années. On examine les moyens des options énergétiques durables pour le secteur de l'électricité. La thèse s'organise en deux parties. (i) Dans la première partie, nous développons le modèle " bottom-up " de planification intégrée des ressources (IRP) pour fournir une évaluation plus exhaustive de l'état actuel et des perspectives d'avenir pour le secteur de l'électricité du Vietnam dans les trois prochaines décennies. Puis, en utilisant une analyse comparative et une analyse de la vulnérabilité qui est basée sur la simulation IRP, nous analysons les vulnérabilités auxquelles le développement du secteur devra faire face, en termes de dimensions économiques et socio-environnementales. Nous avons en outre développé le modèle IRP, représentant les coûts marginaux de réduction des émissions de carbone de manière réaliste en tenant compte des valeurs non nulles de carbone et de limitation des émissions de carbone, afin de simuler des options d'approvisionnement énergétique soutenables pour le secteur de l'énergie. (ii) Dans la deuxième partie, nous étudions les principaux obstacles contre une adoption plus large des énergies soutenables à l'aide d'enquêtes formelles parmi les experts nationaux. Ensuite, nous utilisons une approche d'analyse empirique pour examiner les différents outils politiques appropriés, y compris des instruments d'incitation / régimes et la réforme du secteur pour une telle durabilité du secteur de l'énergie. Pour la fin, nous analysons l'accès aux sources de financement possibles pour le développement durable dans le secteur de l'électricité du Vietnam.

<p>This research paper pays particular attention to the EAC because of its unique composition of four LDCs46 and 1 DC47 and the fact that three of these countries are landlocked least developed countries (LLDCs).48 The EAC was notified as a RTA to the WTO under the Enabling Clause on 9 October 2000 and registered as a Custom Union49 under WT/COMTD/N/14.50 The notification of the EAC under the Enabling Clause is due to the nature of composition of members therein and to the fact that the Enabling Clause does not require regional trading arrangements to cover substantially all trade, or to achieve free trade in the bloc within ten years after notification. Additionally, it provides an avenue for giving special consideration to the LDCs through making concessions and contributions,51 allows automatic exemptions from MFN (non-discrimination) treatment in favour of DCs,52 and thus allows other WTO members to accord more favourable treatment to DCs in many cases without according the same treatment to other WTO members.53.</p>

<p>The Central African Monetary and Economic Community, known by its French acronym CEMAC (Communaut&eacute / Economique et Mon&eacute / taire de l&rsquo / Afrique Centrale), is one of the oldest regional economic blocs in the African, Caribbean and Pacific (ACP) group of states. Its membership comprises of Cameroon, the Central African Republic, Chad, the Republic of Congo, Equatorial Guinea, and Gabon. It has a population of over 32 million inhabitants in a three million (3 million) square kilometre expanse of land. The changes in the world economy, and especially between the ACP countries, on the one hand, and the European Economic Community-EEC (hereinafter referred to as European Union (EU)), on the other hand, did not leave the CEMAC region unaffected. CEMAC region, like any other regional economic blocs in Africa was faced with the need to readjust in the face of a New International Economic Order (NIEO). The region which had benefited from preferential access to the EU market including financial assistance through the European Development Fund (EDF) had to comply with the rules laid down in the World Trade Organisation (WTO). This eventually led to a shift in the EU trade policy, in order to ensure that its trade preferences to developing countries were compatible to the rules and obligations of the WTO.</p>

<p>The rapid growth in the number of regional trade agreements (RTAs) has led to concern about the weakening of the multilateral trading system. This thesis examines the spread of such agreement and the extent to which they pose a threat to the multilateral system. Regionalism and multilateralism are complimentary as shown in the case study of the East African Community. The current regional trade agreement management rules are weak and ambiguous and possible amendments for these rules are proposed</p>

No description available.

This thesis examines US protectionism in the 1980s from Canadian and American perspectives, and its role in Canada’s pursuit of the historic 1988 Canada-US Free Trade Agreement. It analyzes the perceived “threat” of protectionism and evaluates the agreement’s provisions against Canada’s goal of securing access to the US market. It contends that US protectionism was crucial in the Mulroney government’s decision to negotiate a bilateral agreement and was a contentious issue for the agreement’s critics. US sources, unexamined in existing historiography, confirm the increased threat of American protectionism, but emphasize a distinction between the threat and implementation of protectionist trade law. Although the agreement did not shield Canada from US trade remedies, Canada gained important presence in the trade dispute process. These conclusions are drawn from Canadian and American media and government documents, 1980s academic and think-tank commentary, legal documents, the memoirs and diaries of major players, and select archival sources.

With national cuts on solar PV subsidies and the current “oversupply” of panels, the global solar market is clearly threatened by a contraction. Yet, the need for more solar power is apparent, particularly for the world’s poor and vulnerable population. Instead of securing modern energy access for these people, trade interests have triggered a counterproductive solar trade war. This contemporary legal study addresses these issues by examining existent and potential instruments for stimulating a North-to-South solar capital flow. The research finds that recent reforms of the CDM will do little difference from previous deficiencies, as local investment barriers are not reflected in the monetary support of the clean development mechanism. Competing technologies are successfully keeping solar out of the game while baseline requirements are undermining the poor. Inspired by national renewable energy law and policy, international alternatives could address these shortcomings. While feed-in tariffs have been commonly advocated, the REC model seems far more appropriate in an international context. Its ability to be traded separately from the electricity makes it a perfect candidate as a substitute for the CDM. Entrusted with certain features it could address the geographical unbalance and provide with greater investor certainty. But the scheme(s) are under current WTO regulations required to be non-discriminatory, making it highly questionable to believe that developed countries would ever fund such incentive. It is not likely that solar capital exporters want Chinese solar PV manufacturers, who are already receiving significant production subsidies, to receive the same benefits as other producers. However, if countries adversely effected by subsidies where allowed to offset the injury by discriminating Chinese producers in international REC schemes, the Author believes that it would be easier to sell such a concept and implement it, for the benefits of climate change mitigation and adaptation as well as the world’s vulnerable and poor nations. However, this would require extensive reforms under WTO which the Author calls for.

This thesis examines US protectionism in the 1980s from Canadian and American perspectives, and its role in Canada’s pursuit of the historic 1988 Canada-US Free Trade Agreement. It analyzes the perceived “threat” of protectionism and evaluates the agreement’s provisions against Canada’s goal of securing access to the US market. It contends that US protectionism was crucial in the Mulroney government’s decision to negotiate a bilateral agreement and was a contentious issue for the agreement’s critics. US sources, unexamined in existing historiography, confirm the increased threat of American protectionism, but emphasize a distinction between the threat and implementation of protectionist trade law. Although the agreement did not shield Canada from US trade remedies, Canada gained important presence in the trade dispute process. These conclusions are drawn from Canadian and American media and government documents, 1980s academic and think-tank commentary, legal documents, the memoirs and diaries of major players, and select archival sources.