International Economic Law


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International Trade Law

International Economic Law

International Trade – WTO Law

The Regulation of Trade

Early thinking on foreign trade

  • Ancient Greek and Roman writers – foreign trade exposes citizens to the bad manners and corrupt morals of barbarians;
  • Plato – gains from specialization or division of labour;
  • Plutarch – “God created the sea, geographic separation and diversity in endowments in order to promote interactions through trade” (first several centuries AD);

Mercantilism

  • 17-18th century school of thought in Britain and Europe
  • Argued for government regulation of international trade for two reasons:
  • To maintain a favourable balance of trade – aggressive export but restrictive import policies;
  • To promote the processing or manufacturing of raw materials at home – argument for export taxes on exported raw materials and import duties on imported manufactured or luxury goods.

The origin of economic case for free trade

  • Adam Smith, The Wealth of Nations (1776) – theory of absolute advantage
  • David Ricard, The Principles of Political Economy (1817) – theory of comparative advantage
  • Heckscher and Ohlin (1920) – factor proportions hypothesis
  • Raymon Vernon (late 1960s, Harvard) – product cycle theory

The Formation and Evolution of the GATT

  • Following the end of WWII, the IMF and World Bank were duly created;
  • 1947 Havana Charter, i.e. the General Agreement on Tariffs and Trade (GATT) was adopted by 23 major trading countries;
  • To date under the GATT, some eight negotiating rounds have now been successfully concluded, last round – the Uruguay Round – involving more than 100 countries, ending in December 1993.

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