Este trabalho teve por objetivo analisar o processo de juridicização do sistema multilateral de comércio, por meio da aplicação do modelo teórico de K. W. Abbott et aI (2000) e contraposição dos resultados obtidos à análise do recurso a elementos normativos para justificação das decisões emanadas do sistema em procedimentos de solução de controvérsias em que foi suscitado o artigo XX(g) do GATT para defesa da medida questionada. Observou-se que, apesar do nível de juridicidade tenha permanecido praticamente o mesmo da passagem do GATT-1947 para a OMC, o recurso a elementos normativos para motivação das decisões foi incrementado. A hipótese demonstrada pelos resultados desta pesquisa é que o enfoque restrito no processo de institucionalização por meio de tratados não permite que sejam refletidas, no processo de juridicização, as alterações ocasionadas por outros elementos, como foi o caso, na presente pesquisa, das regras relativas à conformação dos órgãos auxiliares, à interpretação e à tomada de decisão - sejam elas originadas em tratados, costumes ou princípios. / This research aims at analyzing the legalization of the multilateral trade system, applying the theory developed by K. W. ABBOTT et al (2000) and confronting the results with the leveI of recourse to normative elements to justify the decisions issued on disputes where Article XX(g) of GA TT was used in defense of the challenged measure. Notwithstanding the fact that the legalization of the system did not alter from the GATT-1947 to WTO, more normative elements are used for motivation of the decisions taken by WTO. The research shows that excessive focus on the process institutionalization by treaties does not reflected the changes brought about by other elements, such as the configuration of the auxiliary organs - panels and Appellate Body - and the rules related to interpretation and decision making - be them customary international law or principIes.

Com o crescente debate a respeito da contribuição do homem nas emissões de gases causadores do efeito estufa, além da pressão da sociedade por um comprometimento maior das lideranças mundiais com políticas de mitigação dos efeitos das mudanças climáticas, faz-se necessário estudar os efeitos que a adoção de políticas climáticas pelos países do chamado Anexo I (desenvolvidos) e pelos que pertencem ao Não-Anexo I (em desenvolvimento) podem ter sobre a economia brasileira. Também é importante analisar como se daria este impacto em um contexto onde o Brasil adotaria políticas de mitigação dos efeitos das mudanças climáticas, principalmente pelo fato do país ser responsável por uma parcela considerável de gases causadores do efeito estufa, devido às atividades relacionadas às mudanças no uso da terra, agricultura e pecuária, bem como pela crescente pressão para um compromisso mundial de esforço de redução de emissões. O presente trabalho buscou estimar cenários para o Brasil, levando-se em consideração políticas ambientais domésticas e internacionais já discutidas ou em aplicação pelos países desenvolvidos, e assim, verificar quais os impactos sobre as economias em termos de bem-estar e produto. / With the growing debate about the contribution of human emissions of greenhouse gases, along with pressure from society for a greater commitment of world leaders with policies to mitigate the effects of climate change, it is necessary to study the effects that adoption of climate policies by the countries of the so-called Annex I (developed) and those who belong to non-Annex I (developing) may have on the Brazilian economy. It is also important to analyze how this impact would occur in a context where Brazil would adopt policies to mitigate the effects of climate change, mainly because the country is responsible for a significant portion of greenhouse gas emissions due to activities related to changes in land use, agriculture and livestock, as well as the increasing pressure for a global commitment to emissions reduction effort. The present study sought to estimate scenarios for Brazil, taking into account domestic and international environmental policies already discussed or implemented by developed countries, and thus determine the impacts on the economies in terms of welfare and product.

Este trabalho tem como objetivo estimar as tarifas equivalentes de medidas nãotarifárias, em especial de medidas sanitárias e técnicas, impostas pela União Européia às exportações brasileiras de carne bovina. O período de análise compreende os anos de 2000 a 2009, e consideram-se carnes com e sem osso, frescas e congeladas, classificadas a seis dígitos do Sistema Harmonizado. A revisão de literatura identifica um número considerável de exigências técnicas e sanitárias, incidentes sobre o comércio da carne bovina brasileira, justificando a necessidade de mensurar o impacto dessas medidas. Estimam-se dois modelos, assumindo homogeneidade e heterogeneidade dos bens, seguindo a metodologia proposta, respectivamente, por Deardorff e Stern (1997) e Yue, Beghin e Jensen (2005). Em geral, a partir dessa estimação são observadas tarifas equivalentes elevadas, i.e., observa-se que os preços domésticos europeus e os preços mundiais, no mercado de carne bovina, diferem entre si, o que pode indicar que o mercado da UE está sendo, de fato, protegido por medidas nãotarifárias além das tarifárias. Ao se considerar diferentes níveis de preferência dos consumidores europeus pela carne doméstica, verificam-se estimativas negativas para as tarifas equivalentes. A estimação de tarifas equivalentes é útil, pois estas podem ser incluídas como variáveis explicativas em outros modelos econométricos visando analisar seus impactos sobre o comércio. Contudo, essa estimação enfrenta a dificuldade de obtenção de dados suficientemente detalhados para preços internacionais e domésticos dos países compradores de carne, bem como de informações mais acuradas sobre fretes e grau de preferência dos consumidores. / This research aims at estimating the tariff equivalent of NTMs, especially of technical and sanitary measures, enforced by the European Union to the Brazilian beef exports. The analysis is implemented for the years 2000 to 2009, and we consider the trade of frozen and fresh beef, with bone and boneless, classified to the six-digit of the Harmonized System. The literature review points to a considerable number of technical and sanitary requirements that affect Brazilian beef trade, and therefore provides arguments to evaluate their impacts. Two models are estimated, assuming both homogeneity and heterogeneity of goods, and following, respectively, the methodology proposed by Deardorff and Stern (1997) and Yue, Beghin and Jensen (2005). In general, we observe high estimates for tariff equivalents, i.e., the European domestic prices and the world prices actually differ, which could indicate that the European market has been effectively protected by NTMs, besides tariffs. By modeling beef as an heterogeneous good and incorporating different levels of consumers preference in favor to domestic beef, negative estimates of tariff equivalents are found. The estimation of tariff equivalents is useful because they can be used as explanatory variable in other econometric models in order to evaluate their impacts on trade. However, this estimation faces difficulties in obtaining international prices detailed for beef categories, as well as domestic importing prices, and accurate data on freights and consumers preferences.

Magister Legum - LLM / There is an existing conflict between trade and environmental policies. There are different opinions and attitudes in the relation between free trade and environmental protection. Free trade regards environmental factors as part of the comparative advantages that one country may have over another. However, many environmentalists are critical about trade liberalization. The scope of this paper was limited to the interaction between international free trade and the environmental protection. The main objectives of this study was to examine the interaction between trade(free trade) and environment and to analyse the areas of conflict between free trade under the World Trade Organization and environmental protection. / South Africa

The focus of this thesis is the question whether or not the WTO discriminates unfairly against developing economies. In the absence of a test of guidelines for detennining unfairness or fairness of WTO provisions or Agreements has been drawn up using welfare economic and constitutional law principles as a foundation. Unfairness is therefore determined by asking whether the provisions of each Agreement are rational, proportional, efficient and whether they prevent the abuse of power amongst states. In addition, the economic effects of the provisions of the selected Agreements have been analysed to determine whether the relevant provisions are welfare enhancing and conclusive to promoting growth and development within developing economies. The Agreements chosed for analysis are the Agreements on Trade-related Investment Measures (TRIMS), Trade-related Intellectual Property (TRIPS), Agriculture and Services (GATS). The dispute settlement and negotiating process, labour standards and the impact of decreasing most-favoured nation rates on developing economy competitiveness is also discussed. Application of the test has shown that the WTO provisions do not reflect the interests of all members. Even though most member states are developing economies, the3 Agreements constantly cater foe developed country concerns and interests. Where provision is made for developing country interests, it is the LDC's who are favoured, with nonnal developing economies being bound by the same provisions as the developed economies. A fonnal, as opposed to a substantive, defmition has been adopted by the WTO, with a result that the process of equality is placed above the outcomes. While concessions have been made to development, members have not gone for enough. A main reason for the imbalance can be attributed to the negotiating process, which is based upon concessionary bargaining and trade-off. Those states with greater economic power are therefore at an advantage as they have the leverage needed to influence the outcomes of negotiations and hence the provisions of the various Agreements. Even with the LDC's, the WTO has been found to discriminate unfairly against developing economies because it does not adequately address developing country concerns. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in

A major problem emanating from the trade/environment conflict is the use of trade measures, such as restrictions and sanctions, as tools for environmental protection. Proponents of free trade argue that the use of these measures is tantamount to abuse of environmental standards for protectionist ends. This is particularly so if the imposition of the standard amounts to a unilateral act which blocks the entry of a specified product into the market of another member state for reasons other than environmental protection. Environmentalists at the same time argue that free trade will lead to environmental degradation and therefore advocate for the use of trade-restrictive measures to safeguard against the destruction of the environment. The GATT has proved problematic when it comes to the resolution of trade/environment conflicts. The GATT aims at trade liberalisation yet most environmental policies are enforced through trade-restrictive devices like quotas and licences. Article XX of the GATT is anomalous: it does not explicitly mention the environment, yet member states rely on it as an environmental protection clause. This thesis discusses the various issues emanating from the trade/environmental debate. The history of Article XX is reviewed and the issues that arise in the adjudication of Articles XX (b) and (g) in a trade/environment context are analysed in light of the decisions by the GATTIWTO dispute settlement bodies. The role played by Multilateral Environmental Agreements (MEAs) in protecting the environment is discussed. However, the relationship between MEAs and the WTO is also scrutinised as these rule-making bodies often come into conflict: firstly, because they serve two differing interests - on the one hand, MEAs allow for the use of trade restrictive measures in environmental agreements and on the other, the WTO calls for unrestricted trade unless exceptional circumstances exist; and secondly, member states that are party to both the WTO and MEAs are often forced to subscribe to international trade rules that are incompatible with those in environmental agreements. The trade/environmental debate is important to both the developed and developing worlds. The developed world is in favour of environmental policies which protect the environment from degradation. On the other hand, the developing world is in desperate need of the benefits of trade liberalisation so as to cater for high unemployment rates and poor economic growth. The question thus arises as to whether, when environmental issues are promoted, developing countries will not suffer at the expense of developed nations which may engage in protectionist measures under the pretext of environmental conservation. The divide between developed and developing countries is illustrated in Chapter 5 through case studies on coal mining in the USA and South Africa. The conclusion reached is that total co-operation is essential between developed and developing states for success in safeguarding the environment from degradation. Accordingly, the trade/environmental debate cannot be isolated from the conflicting approaches in developed and developing countries. The conclusions in the final chapter seek to strike a balance between trade liberalisation and environmental protection. Recommendations are made on how the trade/environmental challenges could be dealt with and the regulation of trade restrictive devices to exclude, or at least limit, protectionism.

The Southern African Development Community (SADC) declared a Free Trade Area on 17 August 2008. The Free Trade Area is the ultimate objective of the Trade Protocol on trade cooperation in SADC, signed in 1996. The Protocol is supported and complemented by the ambitious Regional Indicative Strategic Development Plan (RISDP). The idea behind the SADC Trade Protocol was to counter the developmental challenges facing SADC member states and to improve the productive and trade capacity of SADC countries. The implementation of the SADC Free Trade Area has been guided by the WTO/GATT regulatory framework on regional trade agreements, particularly GATT Article XXIV, the Understanding on the Interpretation of GATT Article XXIV, as well as the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling Clause). This research seeks to analyse the SADC Trade Protocol's provisions and the implementation of such provisions. To facilitate an understanding of factors that affect the implementation of the SADC Trade Protocol, SADC's institutional and operational framework is discussed from a legal-historical perspective. The provisions of the Trade Protocol are analysed for compliance with WTO/GA TT rules as well as for applicability within the SADC context. The provisions of the WTO/GA TT regulatory framework on regional trade agreements are also analysed with a view to determining whether they are applicable in developing country situations such as SADC. The Free Trade Area is seen as the first step towards regional economic integration in the region and is to be followed by a Customs Union, a Common Market and then eventually an Economic Community with its own central bank and regional currency. It is envisaged that the region will proceed through all these traditional theoretical phases of economic integration between 2008 and 2018. The implementation of the Trade Protocol has been beset with institutional, administrative and infrastructural challenges which pose obstacles to the attainment of the other stages of economic integration in the time frames prescribed in the RISDP. These challenges are assessed for impact on the regional economic integration of SADC by evaluating the progress towards implementing the Trade Protocol provisions and the implementation of measures taken towards the launch of the Free Trade Area. Emerging issues are also identified and analysed for their effect on the Free Trade Area and the general economic agenda of SADC. Of particular note is the Economic Partnership Agreements (EPAs) being negotiated with the European Union where SADC countries are negotiating in four different configurations. An analysis of this EPA situation reveals that it compounds a pre-existing problem: that of overlapping membership of regional trade agreements. Prior to the EPAs and the intensified drive towards the creation of the Customs Union, there was largely no need to rationalise the overlap in regional trade agreement memberships, but it is now a matter of urgency. The overlap in membership has complicated EPA negotiations and places serious doubts on the prospects of complete regional integration in SADC.This research concludes with observations on South Africa's complicated relationship with her SADC neighbours. South Africa's trade policies, as regards both the SADC region and the world, are discussed. Because of its political and economic dominance, South Africa's policies have a ripple effect on the rest of SADC; hence the need for South Africa to be vigilant in formulating and implementing its trade policies.

In the field of international trade there is an intriguing tension between the ideological allure of free trade and the political reality of protectionism. Typically, the former is favored by scholars while the latter has been more historically prevalent. Protectionism in the form of tariffs and other obstacles trade was generally a preferred trade policy around the globe in the 18th and early 19th centuries. Sweden was no exception and has been seen as highly protectionist and mercantilist during this period. This thesis has sought to shed new light on Swedish trade policy between 1780 and 1830. It has done so by quantifying and homogenizing tariffs and import bans in order to be able to analyze the structure of tariffs. The thesis stands on a theoretical ground which takes into account the different plausible reasons for setting tariffs. It has placed some emphasis on the possible tension between the desire to shelter one’s own industry from foreign competition and the need to use tariffs for fiscal purposes, as an important source of government revenue. It is therefore argued that tariffs need to be separated theoretically and empirically. A simple model is presented which aims to discern three types of tariffs. The model takes into account the tariff rate itself, and also the structure of trade and the presence of domestic substitution. The thesis has found that Swedish tariffs were generally high over the period and that protectionism was prevalent in a large number of economic sectors. There is tentative evidence that protectionist tariffs also distorted trade in certain types of goods, even if they didn’t have an impact on total import levels. Tariffs were also set so as to separate between raw materials and more processed goods, what is called mercantilist differentiation. Substantial empirical support is given to the claim that certain tariffs on inelastic consumption goods were of great fiscal importance, and increasingly so as the period progressed. The fiscal pressure maintained or even increased the import tariffs, which made it possible to decrease tariffs on exports.

The diploma thesis deals with Integrated public transport system in South Moravia region. The author describes the term of integrated public transport system and its advantages in the theoretical part of the thesis. The practical part deals with constitution and development of the system in the South Moravia region and describes its subsystems: organizing and economical, tariff and transport subystem. The final chapter describes transport systems in the regions of the Czech republic. The last chapter shows the shortages of the current transport system. The main aim of the thesis is to make analysis of the current system, to compare theoretical findings with the current situation, to situate the transport system in South Moravia into the frame of the public transportation in the Czech republic and to compare it with other systems.

Este trabalho tem como objetivo estimar as tarifas equivalentes de medidas nãotarifárias, em especial de medidas sanitárias e técnicas, impostas pela União Européia às exportações brasileiras de carne bovina. O período de análise compreende os anos de 2000 a 2009, e consideram-se carnes com e sem osso, frescas e congeladas, classificadas a seis dígitos do Sistema Harmonizado. A revisão de literatura identifica um número considerável de exigências técnicas e sanitárias, incidentes sobre o comércio da carne bovina brasileira, justificando a necessidade de mensurar o impacto dessas medidas. Estimam-se dois modelos, assumindo homogeneidade e heterogeneidade dos bens, seguindo a metodologia proposta, respectivamente, por Deardorff e Stern (1997) e Yue, Beghin e Jensen (2005). Em geral, a partir dessa estimação são observadas tarifas equivalentes elevadas, i.e., observa-se que os preços domésticos europeus e os preços mundiais, no mercado de carne bovina, diferem entre si, o que pode indicar que o mercado da UE está sendo, de fato, protegido por medidas nãotarifárias além das tarifárias. Ao se considerar diferentes níveis de preferência dos consumidores europeus pela carne doméstica, verificam-se estimativas negativas para as tarifas equivalentes. A estimação de tarifas equivalentes é útil, pois estas podem ser incluídas como variáveis explicativas em outros modelos econométricos visando analisar seus impactos sobre o comércio. Contudo, essa estimação enfrenta a dificuldade de obtenção de dados suficientemente detalhados para preços internacionais e domésticos dos países compradores de carne, bem como de informações mais acuradas sobre fretes e grau de preferência dos consumidores. / This research aims at estimating the tariff equivalent of NTMs, especially of technical and sanitary measures, enforced by the European Union to the Brazilian beef exports. The analysis is implemented for the years 2000 to 2009, and we consider the trade of frozen and fresh beef, with bone and boneless, classified to the six-digit of the Harmonized System. The literature review points to a considerable number of technical and sanitary requirements that affect Brazilian beef trade, and therefore provides arguments to evaluate their impacts. Two models are estimated, assuming both homogeneity and heterogeneity of goods, and following, respectively, the methodology proposed by Deardorff and Stern (1997) and Yue, Beghin and Jensen (2005). In general, we observe high estimates for tariff equivalents, i.e., the European domestic prices and the world prices actually differ, which could indicate that the European market has been effectively protected by NTMs, besides tariffs. By modeling beef as an heterogeneous good and incorporating different levels of consumers preference in favor to domestic beef, negative estimates of tariff equivalents are found. The estimation of tariff equivalents is useful because they can be used as explanatory variable in other econometric models in order to evaluate their impacts on trade. However, this estimation faces difficulties in obtaining international prices detailed for beef categories, as well as domestic importing prices, and accurate data on freights and consumers preferences.