Zugl.: Leipzig, Universiẗat, Diss., 2008.

Zugl.: Münster (Westfalen), Univ., Diss., 2008

Univ., Diss.--Hamburg, 2004. / Literaturverz. S. 295 - 328. - Text überw. dt. teilw. engl.

Thesis (doctoral)--Universität Hamburg, 2004. / "International Max Planck Research School for Maritime Affairs at the University of Hamburg (IMPRS)."--Cover. Includes bibliographical references (p. [373]-422) and index.

Thesis (doctoral)--Universität, Münster, 2005.

Complex bargaining between domestic and international actors has characterized world trade since the end of World War II. Moravcsik's commercial liberalism explains that trade policy stems from individuals within democracies, who indicate rational preferences to the government. In the structure of Putnam's two-level game, preferences are then aggregated by self-interested government officials who must reconcile constituency interests with pressures from foreign partners to form trade policy. Since 1995, the structure of world trade has been fundamentally redefined by the World Trade Organization (WTO). The Dispute Settlement Understanding has erected a supranational trade judiciary, effectively institutionalizing global increasingly free trade. The independent authority of the WTO has created a three-level strategic game between the domestic, international, and supranational political economic arenas. As illustrated in the softwood lumber dispute and the Boeing-Airbus dispute, the three-level game further empowers a powerful minority to capitalize on a collective action problem in world trade via dispute settlement. Olson's logic of collective action explains the ability of small self-interested coalitions to seek rent from the government, compromising the interests of the latent constituency majority. The result is a politicization of world trade that ultimately threatens the very underpinnings of the WTO itself.

The aim of this paper is to study the contemporary world trade regime as part of the process of globalization. The main question in this study is: "How is the contemporary world trade regime part of the process of globalization?" Three guiding questions in this study are: "Which shifts in governance and policy on world trade issues can be observed since the middle of the twentieth century?" "How are the shifts in governance and policy related to each other?" "Which interests benefit and which interests don't benefit from the contemporary world trade regime?" This study is an analysis of world trade governance and policy that will outline the historical developments and the impact of the process of globalization. The study is mainly based on literature, sometimes internet sources are used. The conclusions of this study are that the world trade regime has shifted from unilateral and bilateral regulation towards multilateral governance by the GATT and subsequent the WTO agreements as well as by the regional trade agreements. Policy has shifted from protectionism towards liberalized trade. The shift in governance has provided trust and stability in the interstate system and has made liberalized trade possible. The study has made clear that theories on world politics differ about the benefits of the world trade regime. Both world trade and the process of globalization make self-sufficiency for countries obsolete by creating extensive interdependence between states and people. The paper shows that the contemporary world trade regime is part of this process of globalization.

The WTO, tourism and small states: finding policy space to develop This study examines whether the General Agreement on Services (GATS) provides the necessary policy space for small states to pursue their development agendas. Small states in this study are defined in power terms. But the study also focuses on small states in a property sense--those with few diversification options, making the services sector potentially an important avenue for economic growth and diversification. The study seeks to examine critically the parameters that GATS places on policy-making of small states--whether governments are limited to providing a competitive business environment, or if they retain sufficient policy space to shape the development of a sector. The study also looks at the interplay between international and domestic factors in development of policy. The tourism industries of Oman and Qatar provide case studies to examine these issues. Tourism has the potential to contribute to the economies of small states generally, but debate exists as to whether GATS leaves small states with sufficient space to influence the direction of this sector. The similarities between Oman and Qatar in both power and property terms allow for a comparative examination of whether small states can find meaningful policy space. In addition, their domestic dynamics provide insight into the interplay between domestic and international pressures on policy choices. The experiences of Oman and Qatar suggest that there remains some policy space for states to develop their tourism industries in a manner compatible with local aspirations. Governments thus have some scope to direct the shape of the tourism sector beyond merely providing a competitive business environment. But policy direction is influenced by capacity, past experiences and existing norms, and these differences can result in varying outcomes. Additionally, small states must decide their priorities in on-going WTO negotiations in order to maintain existing policy space.

The dissertation discusses the application of “Agreement on Subsidy and Countervailing Measures (ASCM)” of WTO to non-market economies (NMEs).  The difficulties of application of ASCM to NMEs mainly lie in two basic questions.  The first is how to separate the subsidy and government involvement in a NME.  The second is how perfect the market has to be in order to qualify as a benchmark to calculate subsidy margins. By focusing on WTO rules and substantial WTO cases, this dissertation analyzes the difficulties in application of ASCM to NMEs from seven perspectives in legal practice.  They are: (1) whether subsidies in public utility enterprises in China are actionable, because such subsidies as upstream subsidies pass benefits to export-oriented enterprises? (2) whether subsidies may continue after privatisation of state-owned companies? (3) whether the loans provided by state-owned banks in China are subsidies? (4) whether it is fair to evaluate the subsidies margins of the land use rights in China by using out-of-country benchmark? (5) tax-incentive subsidies in China; (6) the calculation of a subsidy margin in NMEs; and (7) whether currency manipulation constitutes a subsidy? The dissertation finds that the difficulties of application of ASCM to NMEs are due to a number of reasons.  First, the deficiencies of ASCM cannot explain the application of ASCM to NMEs; second, if applicable to NMEs, there are difficulties in defining a subsidy in NMEs and in calculating a subsidy margin in NMEs; third, the non-unification of assessment of a NME results in unfairness to China which faces different standards of evaluating a NME.  Even though China has been a market economy in some countries’ view, it is difficult to be recognised as a market economy by all countries.

Submitted in partial fulfilment of the requirements for the degree M.Com. Development Theory and Policy in the faculty of Commerce, Law and Management at the University of the Witwayersrand, 2013 / This paper undertook qualitative research to determine the trade policy space for South Africa to implement its industrial policy action plan (Ipap). The South African economy was transformed from import substitution in the 1970s to export-orientation in the 1980s. The apartheid regime failed to develop coherent policies for industrialisation. In the 1990s, there was a deliberate government decision as articulated in the GEAR policy to liberalise the economy and with regard to trade this is associated with accession to the World Trade Organisation and commitments made thereof. In 2007, the country adopted the national industrial policy framework to guide its reindustrialisation efforts and subsequently various iterations of the Ipap. Therefore, given that a lot of policy space was lost when the country joined as the WTO as a developed country, the question is “does South Africa have enough policy space to use some of the instruments that were used by successful Asian countries to industrialise”. The WTO made some of these instruments illegal. To analyse policy space, the paper looked at the effect of WTO Agreements on Subsidies and Countervailing Measures (SCM), on Trade-Related Investment Measures (TRIMS), on Government Procurement (GPA), as well as the tariff commitments. The study found that although SCM has made certain subsidies illegal, other kinds of subsidies are allowed such as those for economic development in disadvantaged regions and for rural development. Therefore, strategy and packaging of these subsidies for development is important. TRIMS was found to have significantly reduced policy space by making a number of instruments on foreign direct investment illegal such as enforcing local content as well as export requirements. Since South Africa is not party to the GPA, it retains policy space to use government procurement to promote industrialisation in the country. In terms of tariffs commitment, the study found that there is no “water” between applied and bound rate for a number of critical sectors such as textile, clothing, footwear, and furniture. However, other important sectors such as automotive and automotive components and white goods still have “water” to increase tariff in future as necessary. Therefore, the study concluded that there is policy space to implement industrial policy in South Africa but this requires strategy and closer look at the WTO rules for flexibility.