精彩书摘:
9.2.5 Conclusions
The motivation for this policy brief has been to consider whether intemational labor standards should be incorporated into the WTO and other trade agreements.The empirical literature summarized above suggests that mandating unsustainably high labor standards will not improve average wages and working conditions in poor countries. In fact, such mandates can both reduce the number of workers with better pay and working conditions and increase the number in poorer conditions, hence creating further inequality. The literature also shows that low labor standards do not provide developing countries with an unfair advantage in their export trade nor do they drive FDI. Hence, raising labor standards in poor countries will not protect jobs of workers in industrialized countries. What then should be done on the global level?
If one looks at the economic development of the United States, Western Europe, Japan and other advanced industrialized countries over the past century, it is evident that the real incomes of workers have increased dramatically and that the conditions of work have improved concomitantly. In recent decades, there have been similar improvements in a substantial number of developing countries,especially in East and Southeast Asia as well as in Latin America. What the historical record suggests therefore is that it is not through the external enforcement of labor standards that improvements have been realized, but through internal economic and social development and growth in a countrys GNP. This means that governments in poor countries must implement solid growth strategies and target policies to eradicate poverty. Governments in rich countries can also help increase demand for poor countries output by reducing the barriers to imports from these countries. Finally, conscientious consumers in rich countries can also play a small role in increasing demand for products that are not produced by children or sweatshops, while MNCs can ensure their affiliates also follow better labor practices.
作者简介:
Xuesen Zhang,LL.D, East China University of Political Science and Law, Arbitrator, Senior Economist, Associate Professor of Law, Director of the Law Faculty,Shanghai Finance University
Gary D. Patterson,J.D, Western State University College of Law at Fullerton, Professor, California State University at San Bernardino, Adjunct Professor, University of California at Riverside
内容简介:
中国作为WTO的正式成员,既要享受应有权利,充分利用半个多世纪以来以来WTO为核心形成的多边贸易体制和贸易自由化的优秀成果,参与世界市场经济全球化的发展进程;又要承担相应义务,切实履行我国政府在人世谈判中的对外承诺,恪守WTO的基本规则和各项协定。因此,研究WTO有关规则、学习WTO专业知识、掌握WTO基本理念、培养WTO专业人才,成为摆在我们面前的一个长期的重要任务。 正是在这样的背景下,编者编写了此书。《WTO法律规则》既考虑了世界贸易组织(WTO)概论课程的特点,又努力满足WTO法律规则与实务课程的需要,试图找到介绍WTO概况与探讨其法律制度的某种平衡,因此是一个探讨和尝试。
目录:
Chapter One Theoretical Basis of the WTO
1.1 The Theory of Comparative Advantage
1.1.1 Basics of the Theory
1.1.2 Historical Overview
1.1.3 David Ricardos Numerical Example
1.1.4 The Ricardian Model Assumptions and Results
1.2 The Theory of Market Economy
1.2.1 Spontaneous Order or “Invisible Hand”
1.2.2 Free Market Economy
1.2.3 Government Intervention
1.2.4 Criticism of Market Economy
1.3 The Theory of Sustainable Development
1.3.1 Scope and Definitions
1.3.2 History of Sustainable Development as a Policy Concept
1.3.3 The Earth Summit and Environmental Sustainability
1.3.4 WTO and Sustainable Development
CASE STUDY
CS 1.1 True Meaning and Intuition of the Theory of Comparative Advantage
CS 1.2 Chinas Market Economy Status(MES)
Chapter Two Development of the WTO
Chapter Two Development of the WTO
2.1 Basics of the WTO
2.1.1 The WTO in Brief
2.1.2 The Multilateral Trading System
2.1.3 The GATT Years: from Havana to Marrakesh
2.2 Development of the WTO
2.2.1 The 1947 GATT Agreement
2.2.2 GATT Multilateral Trade Negotiation Meetings
2.2.3 Uruguay Round and the World Trade Organization
2.3 The Organization of the WTO
2.3.1 Introduction to WTO Organization
2.3.2 WTO Organization Chart
2.3.3 Membership, Alliances and Bureaucracy
2.3.4 The Secretariat Chart
2.3.5 Special Policies
2.4 China and WTO
2.4.1 Chinas WTO Entry
2.4.2 The Right-and-Duty Balance in the WTO
CASE STUDY
CS 2.1 Doha Development Round
Chapter Three Basic Principles of the WTO
3.1 Reciprocity
3.1.1 Two Folds of Reciprocity
3.1.2 WTO Rules of Reciprocity
3.1.3 Theoretical Interpretation of Reciprocity
3.2 Non-discrimination
3.2.1 Most-favoured-nation (MFN)
3.2.2 National Treatment: Treating Foreigners and Locals Equally
3.3 Liberalization of Trade
3.3.1 Liberalization for Goods
3.3.2 Liberalization for Services
3.3.3 Limits to Liberalization
3.4 Transparency
3.4.1 Introduction to Transparency
3.4.2 Publication and Administration of Trade Regulations
3.4.3 Transparency Rules for GATS
3.4.4 Transparency Rules for TRIPS
3.4.5 Trade Policy Review Mechanism ( "TPRM" )
CASE STUDY
CS 3.1 MFN Exception: Promotion of Regional Intergration-Custom Unions
CS 3.2 National Treatment
Chapter Four Trade in Goods
4.1 Basics of Trade in Goods
4.1.1 GATT 1994
4.1.2 Interpretation of GATT 1994 Articles
4.1.3 Basic Principles of the GATT 1947/1994
4.2 Tariff Concessions
4.2.1 Tariffs: More Bindings and Closer to Zero
4.2.2 Tariff Cuts
4.2.3 More Bindings
4.2.4 Tariffs and Agriculture
4.3 Non-tariff Measures
4.3.1 Standards and Safety
4.3.2 Import Licensing: Keeping Procedures Clear
4.3.3 Rules for the Naluation of Goods at Customs
4.3.4 Preshipment Inspection: a Further Check on Imports
4.3.5 Rules of Origin
4.3.6 Investment Measures: Reducing Trade Distortions
4.4 Trade in Specific Products
4.4.1 Textiles and Clothing
4.4.2 Information Technology Agreement
CASE STUDY
CS 4.1 Sanitary and Phytosanitary Measures
CS 4.2 Safeguard
Chapter Five Agriculture Agreement
5.1 Basics of Trade in Agriculture
5.1.1 New Rules
5.1.2 Market Access
5.1.3 Domestic Support
5.1. 4 Export Subsidies: Limits on Spending and Quantities
5.1.5 The Least-developed and Those Depending on Food Imports
5.2 Understanding the Agriculture Agreement
5.2.1 Introduction
5.2.2 Market Access
5.2.3 Domestic Support
5.2.4 Export Competition/Subsidies
5.2.5 Other Issues
5.2.6 Net Food-Importing Developing Countries
5.2.7 Summary
5.3 The Agriculture Negotiations
5.3.1 The Doha Mandate
5.3.2 The Current Negotiations
CASE STUDY
CS 5.1 Japan-Import Quotas on Dried Laver and Seasoned Laver (DS323)
CS 5.2 European Communities-Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs (DS174, 290)
Chapter Six Trade Remedy Measures
6.1 Safeguards
6.1.1 Safeguards: Emergency Actions for Imports of Particular Products
Chapter Seven Trade in Services
Chapter Eighe Intellectual Property Rights
Chapter Nine Otheer New Issues of the WTO
Chapter Ten Procedural Rules of the WTO
Annex Ⅰ Agreement Establishing the World Trade Organization
Annex Ⅱ Protocol on the Accession of the Peoples Republic 0f China
Bibliography
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