In the last twenty years, regional trade agreements have proliferated. These have usually taken the form of customs unions (CUs) or free trade areas (FTAs). This thesis concentrates mostly on the formation and behaviour of CUs. Union members levy a common external tariff (CET) on non-members. Existing theoretical models, however, do not agree on how the CET rate is chosen. Every model imposes a different choice rule exogenously. In this thesis, for the first time, plausible choice rules, based on the CU's social welfare function, are derived endogenously. The strategic behaviour of members and non-members, reveals that responsibility for CET choice tends to be assumed by the member that can induce the rest of the world to levy those tariffs members prefer to face. Relatively few general results exist describing the relationship between country characteristics and trade bloc formation. Here, new light is shed on this issue, by systematically analysing bloc formation in an asymmetric world, and investigating the role of preferences in coalition formation. It is found that global free trade is most likely to arise when all countries are similar. Customs unions tend to form between relatively well-endowed countries or those with similar preferences. It is also demonstrated that CUs will usually Pareto dominate FTAs, except where preferences differ significantly. The role of transfers in CU formation has received relatively little attention in the regionalism literature. In this thesis, optimal intra-union transfers are introduced and their impact on CET choice is investigated. The impact of transfers on CU behaviour depends on the direction of the transfer. When the relatively inelastic member is the recipient, the CU responds less aggressively to non-member tariff choices than it does when transfers are not permitted. However, if the relatively elastic member is the transfer recipient, the union's aggression increases. Moreover, when one union member exercises a similar degree of control over both CET and transfer choice, then the equilibrium CET tends to be lower than in the corresponding no-transfers situation.

In the last twenty years, regional trade agreements have proliferated. These have usually taken the form of customs unions (CUs) or free trade areas (FTAs). This thesis concentrates mostly on the formation and behaviour of CUs. Union members levy a common external tariff (CET) on non-members. Existing theoretical models, however, do not agree on how the CET rate is chosen. Every model imposes a different choice rule exogenously. In this thesis, for the first time, plausible choice rules, based on the CU's social welfare function, are derived endogenously. The strategic behaviour of members and non-members, reveals that responsibility for CET choice tends to be assumed by the member that can induce the rest of the world to levy those tariffs members prefer to face. Relatively few general results exist describing the relationship between country characteristics and trade bloc formation. Here, new light is shed on this issue, by systematically analysing bloc formation in an asymmetric world, and investigating the role of preferences in coalition formation. It is found that global free trade is most likely to arise when all countries are similar. Customs unions tend to form between relatively well-endowed countries or those with similar preferences. It is also demonstrated that CUs will usually Pareto dominate FTAs, except where preferences differ significantly. The role of transfers in CU formation has received relatively little attention in the regionalism literature. In this thesis, optimal intra-union transfers are introduced and their impact on CET choice is investigated. The impact of transfers on CU behaviour depends on the direction of the transfer. When the relatively inelastic member is the recipient, the CU responds less aggressively to non-member tariff choices than it does when transfers are not permitted. However, if the relatively elastic member is the transfer recipient, the union's aggression increases. Moreover, when one union member exercises a similar degree of control over both CET and transfer choice, then the equilibrium CET tends to be lower than in the corresponding no-transfers situation.

Abstract The title of this thesis is ¡§ A research on framing the Free Trade Areas across the Taiwan Strait: from the Regional Economic Integration viewpoint¡¨. The main themes of this thesis can be categorized into two parts: 1.Elaborating the theory of Free Trade Areas and the legal framework of global economic law to find out the reason why GATT/WTO permits to build Free Trade Areas as an exception of the GATT/WTO Most-Favored Treatment rule; and further stating the meaning and inspiration of Free Trade Areas across the Taiwan Strait under the experiences of EU and NAFTA. 2.After entering the WTO, according to the international norm, it¡¦s a must for both sides of The Taiwan Strait to adjust their economic relationship and set up a cross-strait free trade zone from the experience of EU and NAFTA in accordance with the natural regularity of international economic development relationship. Taiwan and Mainland China, on two sides of the Twian Strait have become members of the WTO, and have officially connected with international trade and economic organism. It is essential for two sides to develop their economic interrelationship on the basis of the natural regularity of international economic development relationship. This thesis emphasizes that the development of economic relationship across the Taiwan Strait is a step-by-step process and suggests that the process can be divided into three steps as follows: 1.Normalization of economic relationship across the Taiwan Strait after entering WTO¡Ðit means that the activities of trade and investment across The Taiwan Strait should be transformed from ¡§indirect¡¨ into ¡§direct.¡¨ In addition, the restrictions on the movement of the people between Taiwan and Mainland China should be eased. These changes certainly lead to more problems for Taiwan side and it is urgent to negotiate and sign agreements with China for the Agreement of Trade and Investment in order to secure its benefit in the cross-strait economic development. 2.¡§One-step-forward framework¡¨¡ÐI would like to suggest that the second step of the cross-strait economic development should go one step forward to set up a framework under which the Free Trade Agreement, industries cooperation and Custom Unions to be fulfilled. 3.The setup of the Free Trade Areas¡ÐThe Free Trade Areas can be materialized though discussion between two sides based on ¡§one-step-forward framework¡¨ In this thesis, I found out that the best policy for Taiwan and Mainland China is to construct the Free Trade Areas across the Taiwan Strait under the legal framework of WTO. However, there are some prerequisites needed to be considered as follows: 1.Raising the international competition; 2.Averting to be marginalized under the trend of Regional Economic Integration; 3.Evaluating the complementary structure of industries between Taiwan and Mainland China with an analysis of the background, humanities and history between Taiwan and Mainland China. When the Free Trade Areas to be established in the future, it is recommend that the establishment of a Common Market across the Taiwan Strait will most benefit Taiwan and Mainland in the long run.

The study of regions in international relations has been a sometime thing, gaining scholarly attention in the 1950s and 1960s, dropping largely from view in the 1970s, and returning to focus quite dramatically in the late 1980s and early 1990s. It is clear that the contemporary manifestations of regionalism (the completion of the internal market of the European Communities in 1992, Asia Pacific developments, and US-centred Western hemisphere moves) constitute a new and qualitatively different factor in both interstate relations and the international political economy. The growth in the development of regions in the 1980s also represents a new level of interstate collaboration in the international system. The question arises as to the causes of this 'new regionalism' of the 1980s, and the implications of these developments for international relations practice and theory. Investigating these issues is the main task of this thesis. ¶ This thesis involves three elements: a central contemporary element examining the re-emergence of regions in the 1980s; a second comparative element comparing the causal factors operating in three different regions; and lastly, a theoretical element examining the usefulness of current theory to the phenomenon of regionalism in the 1980s and 1990s. Chapters Two and Three discuss the relevant theoretical literature with a view to developing the propositions to be examined in the case studies. They examine three of the major streams of international relations theory - realism, liberal economics, and institutionalism - with a focus on what these contending theories have had to say about how regional groupings arise. Chapter Two looks at the relevant theoretical literature in the 1950s and 1960s while Chapter Three explores the more recent theoretical literature of the 1970s and 1980s. ¶ The rest of the body of the thesis tests propositions set out at the end of Chapter Three on the causes of the regionalist revival in the 1980s by way of three case studies, each one concerned with the actual development of regionalism in three different parts of the globe: Western Europe, North America and the Asia Pacific. ¶ In all three regions the move towards regionalism was clearly a reaction to negative developments in the international economic and political systems. It was in part a specific response to the undermining of the liberal international trading regime and the associated rise in protectionism, particularly in the US. It was also partly the result of an ideational shift in terms of economic doctrine away from keynesianism and import substitution industrialisation to economic liberalism and export-oriented economic growth. Yet it is also apparent from the case studies that the new regionalism was also to some extent the result of a kind of interactive chain reaction, a spiral of mutual anxiety, with regionalism in one area provoking an extension of regionalism in another. It is indeed difficult to establish which of these causal explanations is the principal one as it is clear from the case studies that they are in fact mutually reinforcing. ¶ The thesis concludes with an analysis of the insights provided by the case studies into the theoretical debates examined in Chapters Two and Three. Finally, there is an attempt to use these insights to construct a theory accounting for the rise of the new regionalism.

L’organisation africaine de la propriété intellectuelle (OAPI) a consacré la théorie de l’épuisement des droits depuis sa révision de 1999. Elle en a posé les conditions légales. On découvre que ses conditions, qui sont une limitation du droit exclusif de commercialisation des titulaires, n’en préservent pas moins la quintessence. À travers une mise en circulation limitée au territoire national pour la marque et au territoire régional pour le brevet, le législateur a fait partiellement échec au libre commerce des produits protégés. L’existence des zones de libre-échange peut néanmoins contribuer à élargir le domaine de l’épuisement qui deviendra alors communautaire dans l’UEMOA et la CEMAC. L’encadrement de l’épuisement des droits est rigide mais maîtrisé. Il est cohérent avec le principe de départ qui est la protection des droits de propriété industrielle. Aussi l’épuisement international est-il tout simplement rejeté, alors même qu’il aurait pu constituer un moyen de régulation de la libre circulation des produits protégés. Néanmoins, il faut relativiser ce rôle et se tourner vers une véritable quête de transfert de technologie qui est le seul moyen de transformer le sort de la propriété industrielle sur le continent africain. / The African intellectual property Organization (AIPO) consecrated the theory of exhaustion right since the revision of 1999. It puts the legal conditions of the theory. It seems that these conditions, which are considered as a limitation of the monopolistic right of the t industrial property owners, after all, protect this right and give consistency to it. Through the right of commercialization that is limited to the national territory for marks and to the regional territory for patents, the African legislator keeps the products from free-trade. Nevertheless, the existence of the free-trade areas like UEMOA and CEMAC could enlarge the domain of the trade of the merchandises. The theory of exhaustion is stringent, without a far-reaching influence. It is consistent with the principle of the protection of the intellectual property rights that is of paramount importance. The international exhaustion is rejected even though it can be a means of the regulation of the free trade of the marked or patented products. So, the impact of international exhaustion may be itself relativized. The African countries have to search the transfer of technology that appears as the one means which can transform the industrial property in Africa.

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Magister Legum - LLM / South Africa