As medidas antidumping são uma exceção ao livre comércio e como tal deveriam ser usadas com restrição. No entanto, desde o GATT 1947 há preocupação com o uso abusivo de tais medidas, podendo ser o mecanismo utilizado não apenas para possibilitar a recuperação da indústria doméstica prejudicada pelas importações objeto de dumping, objetivo do Acordo Antidumping (AAD), mas com o fim de proteger a indústria nacional da concorrência estrangeira. Desta forma, o objetivo do presente trabalho é apresentar as principais características do AAD firmado ao final da Rodada Uruguai que culminou na constituição da Organização Mundial do Comércio (OMC), incluindo seus antecedentes históricos e a possibilidade de aplicação discricionária, demonstrando como uma norma surgida no plano internacional em decorrência de um acordo multilateral vem sendo utilizada pelo Brasil, com a finalidade de se demonstrar a possibilidade de uso das medidas antidumping como barreira à entrada no mercado brasileiro. Confirmada a possibilidade de uso abusivo desse instrumento de defesa comercial, ainda que no plano teórico, uma vez que não é possível analisar os efeitos reais das medidas aplicadas, serão apresentadas as formas de contrabalanço ao protecionismo atualmente existentes no próprio AAD e sua incorporação e utilização pelo Brasil bem como a possibilidade de questionamento de tais medidas como práticas anticompetitivas com fundamento na legislação antitruste perante as autoridades de defesa da concorrência. Serão ainda analisadas outras possibilidades de contrabalanço ao uso exacerbado das medidas antidumping em debate e viabilidade das mesmas no cenário atual em que se verifica, de um lado, o aumento de uso de tais medidas pelos países Membros da OMC, destacando-se o Brasil e, de outro lado, impasse nas negociações multilaterais, cabendo aos Membros tomarem decisões unilaterais sobre a aplicação de tais medidas, seu grau de intensidade e forma de aplicação a depender da proteção que se pretende garantir à indústria nacional. / Antidumping measures are an exception to the free trade and as such they should be used with restrictions. However, since GATT 1947 there is a concern regarding the abuse in the use of such measures, being possible the use of the instrument not only to make possible the recovery of the domestic industry that was injured by the dumped imports, purpose of the Antidumping Agreement (ADA), but also with the purpose of protecting the domestic industry of the foreign competition. Thus, the purpose of this Masters Thesis is to present the main aspects of the ADA signed as a result of the Uruguay Round, that led to the establishment of the World Trade Organization (WTO), including its historical background and the possibility of discretionary application, being demonstrated how a rule emerged in an international level as part of a multilateral agreement has been used by Brazil. The purpose is to demonstrate the possibility of the use of the antidumping measures as a barrier to entry in the Brazilian market. Being confirmed the possibility of the abusive use of this trade defense instrument, even if only in theory, since it is not possible to analyze the actual impacts of the applied measures, it will be present the possibilities to counterbalance the protectionism that are established in the ADA, namely the public interest clause and the lesser duty rule, and their adoption and use by Brazil and possibility of challenging such measures as anticompetitive practices based on the antitrust law before the Brazilian Antitrust Authority. Additional possibilities under debate and their feasibility to counterbalance the abuse in the use of the antidumping measures will also be analyzed in the actual scenario where, on one hand, there is the increase of such measures by WTO Members in general and mainly Brazil and, on the other hand, there is an impasse in the multilateral negotiations. The Members will have to unilaterally decide on the implementation of such measures, the level of its intensity and form of application depending on the intended protection to ensure the domestic industry.

This thesis explores the late-nineteenth century partnership between Bradford worsted manufacturers the Briggs brothers and the German merchant Ernst Posselt, and their subsequent foreign direct investment in a modern factory and workers’ community at Marki, near Warsaw, in Russian Poland. Protectionism and increasing foreign competition are discussed, among many complex economic pressures on British industry, as likely catalysts for this enterprise and the general historiography of the Polish lands is explored to reveal a climate of extraordinary opportunity for well-capitalised foreign industrialists in this period. This thesis provides fresh perspective on the role of the consular service in facilitating British foreign enterprise and, in context of the Bradford partners’ strategy for local integration through social networking and religious affiliation, presents unique findings regarding the character and operations of Warsaw’s elite commercial community in the late-nineteenth century. Through the development and domination of market and raw materials sources, this venture is shown to have monopolised worsted manufacture in the Russian Empire, using state of the art technology to create, and modern marketing techniques to promote, its product range and evolving image. Aspects of British and Polish social history are compared to assess the efficacy of introducing the model-community concept, in combination with a radical employment policy, to less industrially-developed Russian Poland. The instrumentality of an expatriate community of skilled Yorkshire foremen in diffusing British industrial technology throughout the Russian Empire is described, against a backdrop of political instability and social upheaval which dramatically impacted on business behaviour after 1905.

Magister Legum - LLM / The impact of trade policies on the pursuit of gender equality is often ignored. Recognising the link between trade and gender, this dissertation aims to enhance the capacity of policy-makers to mainstream gender in trade policy and to help identify ways for using trade to respond to women's needs in South Africa. In order to meet this objective, it analyses the impacts that trade liberalisation has had on the economy and on gender in general and in South Africa in particular. In addition, it evaluates the impacts on men and women in order to see if trade has contributed to reducing, accentuating or perpetuating gender inequality in South Africa. Findings have confirmed that Trade liberalisation has had both positive and negative impacts on women and men. But, they have also demonstrated that trade liberalisation has affected women and men differently having negative influences on the pursuit of gender equality. The research has, however, concluded that the impact of trade liberalisation on the pursuit of gender equality is influenced by other key factors. As strategy to mainstream gender in trade policies, the research suggests that policy-makers should analyse the implications for women and men of any trade policy before adopting such policy. This analysis would help him/her to see the possible imbalances of the new policy and implement policies and programmes to eradicate them. Also, it will help him/her to identify possible ways for using trade to empower women. The research is based on the idea that the elimination of the existing inequalities will put women at the same stage with men and will, therefore, contribute to women's empowerment in South Africa. / South Africa

The General Agreement on Tariffs and Trade (GATT) 1994 has resulted in the GATT Contracting States making a renewed commitment to freer global trade and trade liberalisation. These Contracting States signalled their commitment to GATT policies and principles by undertaking to abolish all those non-tariff barriers which were not converted to tariffs and to decrease all tariffs applied by their domestic economies. The movement away from protectionism is intended to bring contracting states in line with the GATT most-favoured-nation and national treatment principles. The only exceptions to these principles are the regional trade arrangements which can be implemented in accordance with Article XXIV of GATT 1947 and the Understanding on the Implementation of Article XXIV of GATT 1947. Regional trade arrangements such as customs unions and free-trade areas have been allowed by the GATT as they are deemed to promote trade liberalisation through the removal of substantially all trade restrictions between countries party to these trade arrangements. In practice this has not been the case, however, as these regional trade arrangements have been known to apply very protectionist trade policies. This research determines whether regional trade arrangements are inherently protective ie does the nature of these regional trade arrangements encourage protectionism? The external trade policies of the European Union (EU), Association of Southeast Asian Nations (ASEAN), Southern African Development Community (SADC) and the Southern African Customs Union (SACU) are analysed to determine whether the contracting parties to regional trade arrangements have corrupted the GATT provisions and so contributed towards the protectionist nature of these regional trade arrangements. The internal trade provisions relating to the implementation of these regional trade arrangements have also been discussed to determine their compliance with Article XXIV of GATT 1947. As all the selected regional trade arrangements have direct or indirect links to South Africa, the implications of the policies chosen by these parties for South Africa have also been discussed. Analysis of the EU, SADC, SACU and ASEAN has shown that prior to the adoption of the GATT 1994, the free-trade areas and customs unions were not implemented in accordance with Article XXIV provisions. These regional trade arrangements have been moulded to fit the economic aspirations of the relevant contracting states. Of the regional trade arrangements accepted by the GATT, free-trade areas have been found to be the least protectionist and are the least likely to be perverted by contracting parties. Customs unions, on the other hand, may encourage contracting parties to protect their economies as they rely on group participation rather than individual participation. Individual Member States become responsible to the group which provides these states with greater economic power. As a result Member States are motivated to protect the new group entity from outside competition. In this way, they are inherently protective. Safeguards are therefore necessary to protect individual non-Member States from such behaviour. The implications of protectionism for South Africa, SADC and SACU have also been discussed.

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit, option droit commercial". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline. / Les investissements étrangers directs (IED), définis comme étant un transfert de capital durable d'un pays source à une entreprise formée ou exploitée sur le territoire du pays hôte, sont importants pour le développement économique international. Vu l'importance de ce phénomène, la Chine a placé les IED au premier plan de sa politique d'ouverture et les organisations internationales telles que l'Organisation mondiale du commerce tentent de mettre en place un cadre pour régir les IED. Les positions de négociations sont toutefois très difficiles à concilier et la Chine occupe depuis son accession en 2001 un rôle d'intermédiaire entre les positions des pays industrialisés et des pays en développement. Le droit international a par ailleurs un impact sur le droit interne d'un pays comme la Chine, tout comme son bagage idéologique et culturel. L'analyse du droit interne chinois nous permet d'évaluer la protection qui est accordée aux IED et au marché chinois, ce dernier ayant pour effet de traiter de manière discriminatoire les IED. Les règles restreignant les secteurs d'activités dans lesquels des projets d'IED sont autorisés, tout autant que celles établissant les structures corporatives pouvant être utilisées ou celles régissant les contrats nécessaires aux opérations de l'entreprise à investissement étranger ont essentiellement pour but de protéger le marché chinois et créent donc de la discrimination à l'égard des IED. Les règles prévoyant des incitatifs fiscaux pour les entreprises à investissement étranger ont à l'inverse pour effet d'accorder un traitement privilégié aux projets d'IED en fonction de zones géographiques et de secteurs d'activités dans le cadre de la politique de développement économique de la Chine. Ce droit interne doit toutefois être correctement appliqué pour avoir les effets escomptés sur le traitement des IED. En Chine, on ne peut pas conclure que l'état de droit soit en place, les relations interpersonnelles jouant encore un rôle capital. De ce fait, les nombreuses lois, en apparence complètes, qui continuent d'avoir comme principal objectif de protéger le marché chinois, n'accordent pas la sécurité juridique à laquelle pourrait s'attendre un investisseur occidental. Le constat: la protection accordée aux IED est insuffisante en Chine bien qu'elle s'améliore rapidement et un traitement souvent discriminatoire des IED subsiste dans le but de protéger le marché. Il nous apparaît donc qu'il n'y a pas encore d'équilibre entre la protection des investisseurs et la protection du marché chinois. / Foreign direct investments (FDI), a sustainable transfer of capital from one country to an enterprise formed or operated by the foreign investor on the territory of the host country are very important for the economic development at an international level. China has made FDI a top priority for its open door policy. Given the importance of FDI, international organisations such as the World trade organization are attempting to put in place a convention to deal with FDI. The negotiating positions are hard to reconcile but China has adopted, since its accession to the WTO in 2001, the role of the intermediary between the developed and the developing worlds. International law as weil as the political and cultural backgrounds of China, have an important impact on intemallaws regarding FDI. By analyzing Chinese laws on FDI it is possible to determine the level of protection granted to FDI and to the Chinese market, this second element having a direct impact on a discriminatory treatment of foreign investors in China. Rules regarding the sectors of activities, the corporate structures available to FDI and the laws regarding contracts necessary for the business operations essentially have for objective the protection of the Chinese market and consèquently, have for effect to discriminate FDI. In contrast, tax legislation applicable to FDI has a positive impact granting them preferential treatments in conjunction with geographic zones or sectors of activities and thus also has the effect of responding to China's commercial and development imperatives. Although legislation pertaining to FDI in China may appear complete, laws must be applied properly in order to have their expected effects on the treatment of FDI. Because of many factors such as the cultural background of China, there is no rule of law in China; relationships are still very important and laws come second. Consequently, the laws and regulations, even if many of them have the objective of protecting the market, fail to protect the FDI properly on the Chinese territory. Our conclusion is that protection granted to FDI is insufficient although it is improving rapidly and the treatment of FDI is in many cases still discriminatory in order to protect the Chinese market. It seems that the protection of the investors and the protection of the Chinese market have yet to reach a balance.

L'apparente résurgence du protectionnisme, suite à la crise de 2008, est paradoxale quand la théorie dominante plaide en faveur du libre échange. Il existe pourtant un tissu théorique large expliquant le protectionnisme. En son sein, une accumulation d’arguments mène à privilégier le cadre théorique de l’économie politique. L’objet de cette thèse est l’étude de l’influence des groupes d’intérêt sur les décisions de politique économique afférentes à l’ouverture commerciale.Pour mener cette analyse, (i) les modèles existants dans la littérature pour rendre compte de cette influence sont exposés et (ii) un modèle théorique complémentaire est proposé. Les bases théoriques de ce modèle sont ensuite mêlées aux apports de la littérature d'économie politique afin de mettre en œuvre (iii) un modèle d'équilibre général calculable (MEGC) appliqué à une économie fictive et (iv) un second appliqué à la Tunisie, dans l'objectif d'étudier l'influence du lobbying sur la manière dont s'ouvrent ces économies.Les principaux enseignements de cette thèse sont les suivants : (i) Il n’existerait pas de modèle intégrant les activités d'économie politique de manière satisfaisante au sein d’un MEGC. Un tel modèle montre que (ii) l’élasticité du coût politique aux subventions joue un rôle déterminant dans la limitation des distorsions créées par le lobbying. Il est révélé au moyen de MEGC que, dans un contexte de baisse des tarifs douaniers, (iii) le lobbying nuit à la progression de l'ouverture commerciale et qu'en Tunisie, (iv) une subvention sur les consommations intermédiaires obtenue par lobbying ne présente pas d'effets stables et significatifs sur l'évolution de l'ouverture commerciale. / The seeming resurgence of protectionism, following the 2008 economic crisis, is paradoxical when the dominant economic theory argues for free trade. There is, however, a broad body of research that explains protectionism. Amongst this research, multiple arguments lead to privilege the theoretical framework of political economy.The purpose of this thesis is to study the influence of interest groups on economic policy decisions that deal with trade opening.To carry out this analysis, this thesis (i) outlines existing models to account for this influence and (ii) proposes a complementary model for this purpose. The theoretical bases of this model are then combined with contributions from the political economy literature in order to (iii) implement a computable general equilibrium model (CGEM) applied to a hypothetical economy and (iv) a second model applied to Tunisia, with the objective of studying the influence of lobbying on how these economies are opening up.The main lessons of this thesis are as follows: (i) No model would integrate these activities in a satisfactory manner into a CGEM. Such a model shows that (ii) the elasticity of political cost to subsidies plays a decisive role in limiting the distortions created by lobbying activities. It is revealed, by means of CGEM applied to a hypothetical economy, in a context of decreases in tariffs, that (iii) lobbying is detrimental to the growth of trade opening and that, in Tunisia, (iv) a subsidy on intermediate consumption attained by lobbying does not display stable and significant effects on the evolution of trade opening.

After the repeal of the Corn Laws ended the policy of protectionism which had enabled Britain to feed herself from within her own resources, free trade resulted in domestic food production constituting only 30% of the British diet. This study looks at the political discourse from 1880 to 1939 when the ¿empty countryside¿ became a symbol of agricultural decline. Emerging radical and socialist narratives put forward approaches for rural regeneration and increased food production. Other narratives suggested that agricultural decline was one manifestation of national decline whereby a self sufficient and proud nation was being betrayed by Capitalism. Both Left and Right offered up the prospect of different solutions predicated upon shared perceptions of ¿Englishness.¿ The experience of Irish famine failed to inform political action or policy making. The study notes the importance of War upon the development of food policy. Increasingly, the State joined forces with the NFU in a corporate endeavour which sought to manage, rather than increase, food production and created structures which became increasingly important in the context of rearmament. Increased food production was rejected upon defence grounds in that free trade and a navy were seen as appropriate safeguards. Those countries which sought to follow self sufficiency ¿ or autarky ¿ are portrayed as warlike in their intentions; by 1939 all mainstream political parties rejected the notion of artificially increased food production. Those who continued to press for increased food production concentrated either upon earlier pre Capitalist societies or were attracted by Fascism and strong leadership. After such searches became increasingly problematic there was emphasis upon the soil, with the adoption of an approach which was both practical and mystical.

This thesis explores the late-nineteenth century partnership between Bradford worsted manufacturers the Briggs brothers and the German merchant Ernst Posselt, and their subsequent foreign direct investment in a modern factory and workers’ community at Marki, near Warsaw, in Russian Poland. Protectionism and increasing foreign competition are discussed, among many complex economic pressures on British industry, as likely catalysts for this enterprise and the general historiography of the Polish lands is explored to reveal a climate of extraordinary opportunity for well-capitalised foreign industrialists in this period. This thesis provides fresh perspective on the role of the consular service in facilitating British foreign enterprise and, in context of the Bradford partners’ strategy for local integration through social networking and religious affiliation, presents unique findings regarding the character and operations of Warsaw’s elite commercial community in the late-nineteenth century. Through the development and domination of market and raw materials sources, this venture is shown to have monopolised worsted manufacture in the Russian Empire, using state of the art technology to create, and modern marketing techniques to promote, its product range and evolving image. Aspects of British and Polish social history are compared to assess the efficacy of introducing the model-community concept, in combination with a radical employment policy, to less industrially-developed Russian Poland. The instrumentality of an expatriate community of skilled Yorkshire foremen in diffusing British industrial technology throughout the Russian Empire is described, against a backdrop of political instability and social upheaval which dramatically impacted on business behaviour after 1905. / The full text was made available on 29th Nov 2017

Children undergoing investigation by the social services have a right to participate during the process. The social services must accommodate this right according to law. Participation is created when the social worker meets the child, which makes the social worker a significant person when the child’s right to participation is implemented in social work practices. The aim of this study is to examine the experiences social workers employed by child- and family services have in enabling and accommodating children’s participation during investigative social work. The study has two research questions: what forms do child participation take, according to social workers, during investigations conducted by social services and how do social workers enable child participation in their work methods? The study was conducted through the use of qualitative method. The empirical data was collected by interviewing five social workers and the data was analysed through the use of a thematic analysis, prior research and the theoretical framework of Roger A. Hart’s Ladder of Participation. The result showed that child participation was considered important to all informants and that it was essential to make sure the child had the opportunity to express their opinions and receive information about their case. Participation was also accommodated through meetings away from the social office, to aid the child’s sense of security. The result also showed that some factors can become obstacles for child participation. There is resistance towards participation when social workers suspect that the children might be harmed through taking part in an investigation, which makes the use of alternative sources to garner the child’s view seem appropriate. Furthermore, the practice of involving children in decision making was not a certainty. A conclusion is thus that social work practices need to evolve to promote child participation within areas where social workers feel resistance towards participation, such as in protective work and in decision making.

為何台灣居於部份農業貿易政策保護之位置? 本研究之目的係為了能解釋此原因。此可以被台灣歷史之理論上所施行的肉類貿易之例子所解釋。此農業貿易保護政策可被定義為選擇性之貿易保護。 / Why does Taiwan have in place a partially protectionist agricultural trade policy？ The goal of the research is to find a causal explanation to this question by looking at the case of meat trade. It can be explained under the premises of historical institutionalism theory. Its agricultural trade policy can be defined as selectively protectionist.