Successive markets constitute a natural framework to study the value chain. This chain is built through the technological linkage between markets where inputs and the corresponding outputs are produced. If goods pass through a chain of imperfectly competitive markets, in excess of the value markups are also added, at each step, to the costs. This thesis firstly proposes a unified framework to analyze competition in successive oligopolies. Analyzing and developing such a general framework forms a basis for the analysis of entry of new firms and of collusive agreements in the same market, like horizontal mergers, or through different markets, like vertical integration. The results bring new insights on equilibrium outcomes of both collusive agreements and entry of new firms.

This thesis studies MERCOSUR Agreements in the area of banking services. The core issue of this study is to examine whether the present and potential benefits arising from MERCOSUR Agreements - as they have been designed and implemented - are worth the risks and difficulties underscored of the liberalisation and integration processes. For the proposed analysis, first of all a presentation is made of the context in whichMERCOSUR integration is inserted (Chapter I). This means the trends towards globalisation, internationalisation and liberalisation present today in Latin America's financial sector. In the second place (Chapter Il), the Asuncion Treaty and MERCOSUR complementary Protocols are described. Thirdly (Chapter Ill), the regulations and structures generated in the MERCOSUR in relation to banking services are presented. Chapter IV describes countries financial legislation and regulation. Subsequently (Chapter V Section 1), the obstacles to liberalisation and integration present today in the instruments, bodies and specific provisions regarding the banking sector in the MERCOSUR and in the internal legislation of its Party States, are gone into in depth. Finally, (Chapter V Section 2), an explanation is given of the impact of the Brazilian and Argentine economic crises since 1999 on the MERCOSUR integration process, in macroeconomic and unilateral trade measures. The author's principal conclusion is that the MERCOSUR framework has a positive potential and may contribute to the economic growth and wellbeing of the countries and societies it involves. For the further development and enhancement of its positive effects, MERCOSUR should avoid or at least mitigate the risks and difficulties involved in the opening up processes. The author suggests some concrete strategies for future negotiations in the context of MERCOSUR, FTAA, GATS or other liberalisation agreements involving Latin American countries.

Apples and pears may be related fruits, but that does not mean they are the same! If I were to host a dinner party and intended to bake and serve an apple tart, but was delivered pears, I would end up with a pear frangipane and some very disappointed house guests. The context in which words are communicated is very important - apples and pears could relate to fruits or indeed stairs. Recognising intention as being important even in social contracts highlights the importance of intention in commercial transactions. The utility of contract law is to facilitate the agreement of parties and the rights and obligations assumed by them -this is the true essence of contract. Reverting to the analogy above, indemnity clauses although in some cases achieving similar ends as exclusion clauses, are not intended to result in exclusions of liability but are a more specific method of contractual risk management. One could infer that parties who specifically make use of indemnity clauses do not intend these to function as limitation of liability clauses, neither would they have intended such clauses be construed an exclusion of liability. Exclusion clauses could be construed as defences to accrued rights, however a central theme in this thesis is that an exclusion clause is clear in its function- it negates the accrual of a primary duty, implied by law. An indemnity on the other hand undeniably relates to secondary obligations to compensate or make good loss upon breach of primary obligations to perform. An indemnity clause, transfers secondary obligations to compensate to another who has assumed such obligation(s). In most cases the transferred obligation is financial; an indemnity is similar to a contractual insurance in this sense. An indemnity clause is not an exclusion clause. The difference is not only academic but also relevant to commerce. As the indemnity becomes a more common feature in high risk and high value contracting, certainty of its meaning is all too important. Where an indemnity is misconstrued as an exclusion of liability, the latter a duty defining clause, this could have an effect on the insurance arrangements between the parties ultimately making the venture uneconomical for one or both of the parties. The certainty of a contractual term enhances its effectiveness and consequently reduces the economic transaction costs of its inclusion. Thus, parties can focus on the first stage of Posner's transaction cost theory – 'negotiations and drafting' enhancing the utility of contract law.

Successive markets constitute a natural framework to study the value chain. This chain is built through the technological linkage between markets where inputs and the corresponding outputs are produced. If goods pass through a chain of imperfectly competitive markets, in excess of the value markups are also added, at each step, to the costs. This thesis firstly proposes a unified framework to analyze competition in successive oligopolies. Analyzing and developing such a general framework forms a basis for the analysis of entry of new firms and of collusive agreements in the same market, like horizontal mergers, or through different markets, like vertical integration. The results bring new insights on equilibrium outcomes of both collusive agreements and entry of new firms.

<p>Government procurement is a very important aspect of international tradeas it can either promote or inhibit trade depending on laws and policies of a country. The study is confined to issues pertaining to the role of RTAs in establishing government procurement standards that resemble or conform to those of the GPA in developing countries. The study used Africa as a case study by evaluating selected RTAs that have been signed focussing on RTAs such as the procurementinitiativeof the Common Market for East and Southern Africa (COMESA) and US-Morocco Free Trade Agreement. The major objectives of the study were to examine the role of the existing international regulatory instruments towards the harmonisation of global standards on government procurement. The reserach aimed at analysing the role of the WTOs GPA as a possible global standard for government procurement and to investigate reasons of limited membership by developing countries.</p>

The recent enlargements of the European Union brought about a strategic shift in the EU’s approach to conflict management and security in the eastern neighbourhood. The Partnership and Co-operation Agreements between the EU and Moldova contained no mention of the Transnistrian dispute, while the agreement between the EU and Geor gia included a vague phrase regarding political dialogue which may include the issue of conflict resolution. The addition of new members to the Union, however, expanded the EU into its neighbourhood and brought closer the unresolved territorial disputes. Concerns that were once further away are now right next door. While the former accession states might have served as buffers to these concerns, they can no longer, as members of the Union, be seen as such. Therefore, there is a greater need to address security issues, such as the ‘frozen conflicts’ bordering the EU. This thesis will examine the evolution of the EU’s responses to security chal lenges in the Eastern neighbourhood, and assess the role the EU plays in addressing these ‘frozen conflicts’ through the framework of the European Neighbourhood Policy. Fur ther, this thesis will argue that the EU has thus far exerted limited direct pressure towards direct resolution of these conflicts and has instead approached regional stability through a variety of other indirect and long term means, such as the pursuit of economic growth and political stability. In particular, the research will look at the security sector reform (SSR) and will focus on the EU’s impact, or Europeanization, in the rule of law and border management sectors of Moldova and Georgia. It will be shown that these two sectors are related to promoting political stability and economic growth, which is in line with the EU’s effort to support development in Moldova and Georgia, and thus indirectly address ‘frozen conflict’ resolution by. altering the incentive structures. This thesis will conclude that the EU does have an impact on the rule of law and border management sectors and subsequently some impact on the ‘frozen conflict’ in Moldova but less so on the conflicts in Georgia.

Univ., Diss.--Aix-Marseille.

Thesis--Munich. / Vita. Includes bibliographical references (p. 252-268).

Not available / text

This thesis first examines the overall development of the EEC-China trade and economic relations. It then analyses the changing Chinese economy, the non-market economy theory, its application and implication in EEC-China bilateral trade relations. It is suggested that China is no longer a traditional NME after ten years of reform; its economy is in a transitional stage changing from an NME towards a mixed economy. The thesis then reviews the 1978 EEC-China trade agreement. It is found that this agreement provides a highly restrictive MFN treatment between the parties, because China is not a member of the GATT, and is classified as an NME. The thesis analyses the legal framework and problems under the 1978 agreement, and its nature and possible legal effect both in the Community legal system and in the Chinese legal system. It then goes on to look at the Community internal regulations which govern imports from China. The thesis also reviews the 1985 economic cooperation agreement between the EEC and China. It analyses the background and development of the agreement; the areas for cooperation and the investment clause. The cooperation agreement, it is submitted, is more an expression of political goodwill rather than a comprehensive economic cooperation framework such as the home convention. A particular area, namely, antidumping, is separately discussed. This is not only because China is one of the principal targets of the EEC antidumping proceedings, but also the EEC employs a special set of rules against imports from China, as well as other NIlE countries. Trade in textiles is also special interested. It consists of major European imports from China, and as such has a special legal regime. The analysis suggests that trade in textiles between the EEC and China has become more restrictive since 1979. Finally, both the impacts of a single market in 1992 and China's efforts to rejoin the GATF are discussed. It is suggested that the EC should continue to be committed to free trade in theory and more importantly in practice, and to remove existing restrictions on imports from China; whereas China should continue its economic reform and gradually open up its own market to the EC.