Skip to main content Accessibility help
×
Home
Hostname: page-component-8bbf57454-kkbsd Total loading time: 0.279 Render date: 2022-01-24T20:09:44.699Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

3.1 - Commentary on “Contingent Protection Rules in Regional Trade Agreements”

Published online by Cambridge University Press:  03 May 2011

Kyle W. Bagwell
Affiliation:
Stanford University, California
Petros C. Mavroidis
Affiliation:
Columbia University School of Law
Get access

Summary

Introduction

The Prusa/Teh study is a very useful and thorough analysis of a complex topic, one that will be helpful to those of us who research and write about trade remedies and regional trade agreements (RTAs). There is little in the analysis or the conclusions with which I disagree. Consequently, in these comments I offer a few observations that may complement Professor Prusa and Mr. Teh's work.

Part I of this discussion focuses on the context (RTAs whose parties are also WTO members subject to WTO disciplines affecting the use of trade remedies). Part II focuses on Chapter 19 of the North American Free Trade Agreement (NAFTA), certainly the most important RTA after the EU given the huge volume of NAFTA trade, the relatively large number of intra-NAFTA trade actions, and the uniqueness of the Chapter 19 mechanism for appeals of national administrative agency decisions in AD and CVD unfair trade proceedings. Chapter 19 remains the most extensive (and widely used) mechanism relating to resolution of unfair trade actions among RTA partners, except the mechanisms available within the EU to deal with such issues (primarily related to anti-competitive practices).

Part III offers observations on specific sections of the chapter.

A few caveats are appropriate. As a noneconomist, I am more comfortable with discussing the legal and administrative processes and the external factors (primarily political) that affect efforts by RTAs to deal with trade remedy issues than the economic effects.

Type
Chapter
Information
Preferential Trade Agreements
A Law and Economics Analysis
, pp. 101 - 114
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×