Master of Arts / Department of Economics / Peri da Silva / The literature concerning the economics of regional trade agreements (RTAs) has evolved from a theoretical perspective to an empirically based approach over the past decade. Specifically, this report examines the various empirical studies on the economic determinants of RTAs and the likelihood of RTAs between country-pairs. Scott L. Baier and Jeffrey H. Bergstrand (2004) or BB (2004) provide us the first empirical work on the economic determinants of RTAs. Their model predicts fairly accurately, 85% of the 286 RTAs in 1996 among 1431 country-pairs, and 97% of the remaining 1145 pairs with no RTAs based on economic features. In this report, we begin with an introduction to RTAs, and then we will explore the contribution of BB (2004), as well as other economists’ empirical findings on the economics of RTAs, using empirical strategies similar to BB’s (2004) study.

This paper discusses the role played by Dispute Resolution Mechanisms in the European Union and the North American Free Trade Agreement (NAFTA), and the way in which they potentially contribute to the constitutionalization of such Regional Trade Agreements. The European Court of Justice has played a major role in the constitutionalization of the European Union due to the preliminary reference procedure, as well as the principles of direct effect and supremacy. The lack of availability to NAFTA Dispute Resolution Mechanisms of the principles which are so influential with the European Court of Justice mean that NAFTA’s Dispute Resolution Mechanisms are unable to drive constitutionalization in a manner similar to the ECJ. Chapter 11 of NAFTA however has the potential to act as a agent of constitutionalization within the scope of international investment law, but not of NAFTA itself.

This paper discusses the role played by Dispute Resolution Mechanisms in the European Union and the North American Free Trade Agreement (NAFTA), and the way in which they potentially contribute to the constitutionalization of such Regional Trade Agreements. The European Court of Justice has played a major role in the constitutionalization of the European Union due to the preliminary reference procedure, as well as the principles of direct effect and supremacy. The lack of availability to NAFTA Dispute Resolution Mechanisms of the principles which are so influential with the European Court of Justice mean that NAFTA’s Dispute Resolution Mechanisms are unable to drive constitutionalization in a manner similar to the ECJ. Chapter 11 of NAFTA however has the potential to act as a agent of constitutionalization within the scope of international investment law, but not of NAFTA itself.

Trade remedy measures (TRMs) in international economic law refer to antidumping measures, countervailing duties and safeguard measures. They are designed to respond to unfair trade practices or to compensate the negative impact on domestic industries resulting from tariff concessions made under the trade liberalization arrangements. Due to the importance of these instruments, the rules on TRMs are strengthened in the WTO legal framework and established on non-discriminatory basis towards all WTO Members. However, with the proliferation of regional trade agreements (RTA) in recent decades, it was noticed that, most RTAs adopted innovative approaches on TRMs among their regional partners. Such incoherence has brought a series of trade disputes and arguments concerning the conflicts between the WTO and RTA. Current central issues in this area are whether those innovative TRMs are consistent with WTO law and what is the appropriate approach to examine the legality of those measures. Against the canvas of WTO trade remedy rules, this research first investigates the diversified trade remedy approaches in RTAs and their impact on international trade. It then clarifies the ambiguous legal criteria against which TRMs in RTAs should be judged in order to be WTO-consistent. Thereafter, a methodology through which a RTA-specific TRM could be tested against the WTO’s criteria is also developed. It is argued that facilitating TRMs in RTAs must always adhere to the criteria laid down by the WTO, e.g. GATT Article XXIV. In particular, a “necessity test” should be applied when examining the legality of a special TRM in RTAs, in the case where a dispute arises between the RTA members and third countries on the issue. In order to bring the RTA-specific TRMs into compliance with WTO law, this research also looks at the WTO surveillance mechanism on RTAs. Considering a number of difficulties that have arisen in the GATT/WTO’s surveillance of RTAs in the past, the thesis addresses what positive measures can be taken in the future and whether TRMs in RTAs should be scrutinized by WTO political organs or through the dispute settlement mechanism.

Climate change has been described as a malign, wicked, and super wicked problem. I focus on key characteristics that make international collective action challenging: asymmetry, fear of free riding, scientific uncertainty, and inherent interdependencies. I argue that an institution designed to tackle such a complex problem requires a key set of features: leadership, linkage, quality information, differentiated obligations, monitoring/enforcement, transparency, and flexibility. I assess the United Nations Framework Convention on Climate Change (UNFCCC) and Kyoto Protocol to determine what aspects are missing. I then ask why the European Union (EU), with incentives to the contrary, set broad unilateral goals. I argue that the framework of political and economic integration made deep cooperation possible. Lastly, I consider whether this experience is specific to the EU and ask whether regional trade networks have a role in the global arsenal of climate change solutions.

Regional integration is not a new phenomenon in Africa. It can be traced back to the creation of the Southern African Customs Union (SACU) in 1917, which was the world's first customs union. Upon gaining independence, states formed the Organization of African Unity (OAU). At that time, Heads of States viewed regional integration as a protectionist measure against colonialism and as a way of forming a self-sustaining continent. However, the additional challenges facing Africa over time prompted various initiatives by Heads of States which were aimed at deepening integration on the continent. Notable actions include the signing of the Abuja Treaty, which established the African Economic Community (AEC), and the replacement of the OAU by the African Union (AU). Further, the continent experienced an increase in the number of Regional Economic Communities (RECs) and there are now fourteen RECs. Despite the steps taken to further integration, the success of such regional integration on the continent has been minimal and Africa has become even more marginalized on the global market. This lack in progression can be attributed to challenges such as inadequate resources, overlapping memberships in multiple RECs and duplicated programmes and efforts. Another challenge that is not readily recognized is the lack of attention to the role of law in economic integration. RECs have largely focused on the economic and political aspects of regional integration but have given minimal attention to the necessity of a strong legal foundation. RECs develop community law and these laws should be enforceable within Member States. However, due to the weak legal systems of RECs in Africa that do not make community law supreme, enforceability of this law has proven challenging. Comparatively, other RECs such as the European Union, have achieved deeper levels of integration and this can partly be attributed to the strong legal systems that have been developed. It is on the basis of this challenge that this study is conducted. The study aims to provide an in-depth analysis of the weaknesses of existing legal systems of the Southern African Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA). The study further analyses the manner in which other RECs, such as the European Union and the Economic Community of West African States, have successfully integrated through law, with the aim of identifying solutions for the existing weaknesses in Southern Africa.

Thesis advisor: David Deese / The proliferation of regional trade agreements is a well-documented phenomena. This thesis focuses on the relatively unexplored area of non-economic motivations states may have for joining regional trade agreements. It uses the formation of the North American Free Trade Agreement (NAFTA) and the negotiation of the European Community's Single European Act as case studies. / Thesis (BA) — Boston College, 2004. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Political Science. / Discipline: College Honors Program.

This thesis examines the regulation of regionalism by the WTO and the formation and operation of regional trade agreements by developing countries. In particular, this work focuses on regional integration in Eastern and Southern Africa. The aim of the thesis is to assess the effectiveness of the relevant legal regimes and determine ways in which they can be made more effective, both in terms of their impact on state conduct and in terms of their impact on the economic welfare of the states concerned. The thesis argues that, with regard to the WTO legal regime, the exemption from the application of Article XXIV, GATT 1994 given to developing countries by the Enabling Clause has contributed to the lack of effectiveness of the WTO regime. For developing countries, on the other hand, the Enabling Clause has deprived them of the legal discipline required to establish effective free trade areas and customs unions. This latter argument is examined through a case study of the Common Market for Eastern and Southern Africa (COMESA). The thesis contends that for COMESA countries to engage in meaningful trade liberalisation, and to participate fully in the WTO, acceptance of greater legal discipline is critical. Such legal discipline can be obtained through compliance with Article XXIV.

Made available in DSpace on 2009-11-18T19:00:51Z (GMT). No. of bitstreams: 1 rosanaroal.pdf: 564383 bytes, checksum: 3fde0a8704d147b75e045309c621d576 (MD5) Previous issue date: 2009 / The main subject of this study is the consensus analysis of negotiations of Regional Trade Agreements (RTAs). Generally speaking, delays and interruptions caused by controversies and impasses end up becoming strong efficiency problems which jeopardize the consensus building during any negotiation. As a justification, the target of this study is to identify processes to help obtain, efficiently, agreements in the RTAs negotiations. Its final objective was to search for theoretical tools and techniques to be applied in situations of stoppage in a sense of eliminating the difficulties or making them at least easier to deal with. Secondarily other theoretical points of view were considered with the intention of understanding how strategies and theoretical tools can contribute in each/or different scenario of the negotiation. Through the different ways of looking at it for the conduction of the negotiations, for evaluating the dimensions of the negotiations and in order to build up the consensus, the researcher was able to understand the perception and the interpretation of the subject in view. At last the conclusion was that the applicability of the chosen framework is positive in helping solve problems and controversies as well as building up the consensus during the negotiations. / Esse trabalho aborda como tema principal o estudo da construção de consenso em negociações de Acordos Regionais de Comércio (ARCs). Nas negociações em geral, atrasos e paralisações, ocasionados por controvérsias e impasses, podem constituir um forte problema de eficiência na construção de consenso. Como justificativa, diante da problemática, esse trabalho visa identificar processos que auxiliem a obter, eficientemente, acordos nas negociações. Seu objetivo final foi a busca por instrumentos teóricos e técnicas que pudessem ser aplicados em situações de paralisações, no sentido de eliminá-las ou amenizá-las. Como objetivo secundário, foram estudadas outras abordagens teóricas no intuito de entender, sob diversas óticas, como estratégias e instrumentos teóricos contribuem mais eficientemente em certas situações e/ou negociações. Através das diferentes abordagens escolhidas para avaliação das dimensões presentes nas negociações e para construção de consenso, ficou possível ao pesquisador a percepção e interpretação do fenômeno estudado. Ao final, concluiu-se positivamente sobre a aplicabilidade do arcabouço teórico escolhido, no auxílio na solução problemas de controvérsias e impasses, bem como, na construção de consenso nas negociações.

While concessions to labour mobility at the international level seem off the agenda, with the General Agreements on Trades in Services essentially tabled, the past decades have produced a proliferation of regional trade agreements (RTAs), some of which are facilitating labour mobility specifically. In this paper, the author first conducts a comparative overview of RTAs that have a form of labour mobility programmes: namely, ECOWAS, ASEAN, the European Union, NAFTA, CARICOM and MERCOSUR. Building on an overview of the regulatory frameworks, institutions and legal instruments of these RTAs, the author seeks to find if patterns or lessons to be learned emerge that are relevant from a global perspective and to enhance the legal architecture of international labour mobility. The findings show positive outcomes, with some RTAs generating trade benefits and even moving forward with a common passport based on the newly shared regional identity, and at times even creating dispute settlement and legal systems for regional litigious matters. On the other hand, this exercise also points to various problems such as the poor implementation of the labour mobility provisions, to overly strict restrictions based on skill and to difficulty securing documents to benefit from the labour mobility programmes - in some of the agreements. In the second part, the author discusses these challenges faced in these regional systems. She notes that prioritising skilled as opposed to low-skilled workers has not yielded a comparative advantage and may also be fostering irregular movements. She also highlights that trade liabilities emerge from the association of countries with similar levels of development and that it accentuates the North-South paradigm. These problems disrupt access to the benefits of the programmes, which ultimately creates irregular migrations and uneven labour standards for migrant workers. Finally, the author finds that most RTAs reviewed are developing their own legal frameworks with limited interest for the international instruments available, which are at best a source of inspiration. In the third part, the author invites the reader to challenge many preconceived ideas on international mobility emerging from the first two sections, and shares her thoughts on ways forward to build an international framework, based on existing scholarly work and considering the unpopularity of the GATS. She concludes with a discussion on ‘new regionalism’ as an alternative until a shared international framework to facilitate migrations is set up, with the possibility of a merger between RTAs from the North and the South. This, she argues, could possibly unleash the full benefits of labour mobility such as increased GDPs, poverty reduction and tackling irregular migrations; benefits that have not been entirely felt to date.