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Mercosur: the Common Market of the Twenty-First Century?
GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW VOLUME 32 2004 NUMBER 1 MERCOSUR: THE COMMON MARKET OF THE TWENTY-FIRST CENTURY? Rafael A. Porrata-Doria,Jr. * I. INTRODUCTION MERCOSUR, the "Common Market of the Southern Cone," was created in March 1990 by the Treaty of Asunci6n and was meant to create a common market among its four signatories (Argentina, Brazil, Paraguay, and Uruguay) by December 31, 1994.' This common market would include the graduated elimination of all customs duties among its signatories,2 the creation of a common external tariff, the adoption of a common trade policy,3 and the harmonization of economic policies The Treaty of Asunci6n, and its * Professor of Law, Temple University. J.D. 1977, Yale University; M.A., University of Pennsylvania; B.A. 1974, University of Pennsylvania. This Article, based substantially on research materials not available in English, is the first comprehensive description and evaluation of MERCOSUR in the English language. The author is a former consultant to the International Bank for Reconstruction and Development (World Bank) and was a mission participant and co- author of its study "Competition Policy and MERCOSUR" (1996). The author gratefully acknowledges the helpful comments of Marina Angel, Jeffrey Dunoff, and Henry Richardson. The author particularly appreciates the outstanding efforts of his principal research assistant, Julie Liebenberg, J.D. 2004, Temple University School of Law, and of his current research assistant, Suzette Sanders, J.D. expected 2005, Temple University School of Law. The information in this Article is current as of August 2003. ' Treaty of Asunci6n Establishing a Common Market among Argentina, Brazil, Paraguay, Uruguay, Mar. -
TARIFFS and TRADE in the COMMON MARKET* Hans W
TARIFFS AND TRADE IN THE COMMON MARKET* HANs W. GuAR D I The Rome Treaty establishing the European Economic Community (E.E.C.) provides for a number of measures designed to establish an economic union between the signatory countries and make possible a more economic allocation of resources within the Community. This, in turn, would, it was hoped, increase the over-all productivity within the region comprised by the six participating countries-in- cluding certain overseas areas. The establishment of a customs union was envisaged as only one of the measures to be employed for these purposes; but, so far,' this is the only task of "harmonization" that has reached the first stages of realization. On January i, ig6, tariffs on a large group of imports from member countries were reduced by a further ten per cent, after two previous reductions of the same pro- portion. At the same time a first step towards a common external tariff went into effect-i.e., each one of the four customs areas of the unionla began to apply on im- ports from nonmember countries a tariff which is thirty per cent closer to the com- mon tariff provided for in the Rome Treaty. This change in the tariff structure of the world's most intensive trading area is often regarded as an event which will have the most direct and obvious effect upon the relationship between the E.E.C. and the rest of the world. Any prediction as to the scope of this effect, however, is based largely on static models-i.e., on the analysis of cost-price-quantity relationships under extremely limiting assumptions as to market structure and income changes. -
Common External Tariff System – for ECOWAS Near Completion By
Common External Tariff System – For ECOWAS Near Completion By Daniel Plunkett It is 14 years now since the original deadline of 1990 for completing the ECOWAS Common External Tariff (CET), a key part of the planned Customs Union uniting the 15-member states, was agreed on. Notwithstanding the date, there is now a new hope for success. A Common External tariff implies that all goods entering the customs territory of any ECOWAS country will be assessed the same rate of customs duty. In combination with the Free Trade Area, a Common External Tariff offers several important advantages for ECOWAS importers and exporters. This includes an enlarged market comprising all the 15- member states, cost certainty for traders, reasonable levels, modernisation of the revenue collection systems, making them increasingly transparent, increasing integration of the informal sector into the formal sector and concrete evidence of economic integration. The Common External Tariff and the Free Trade Area, the two constituent parts of a Customs Union, were both agreed to by the ECOWAS Heads of State in the 1975 ECOWAS Treaty and again in the 1993 Revised ECOWAS Treaty. To reinvigorate the process, and in the face of the need to integrate the EU/ACP relationship into the World Trade Organisation (WTO) system, the ECOWAS Heads of State and Government agreed in December 2000 that the Common External Tariff of the West African Economic and Monetary Union (WAEMU-or UEMOA in French) would form the basis for the CET. UEMOA Membership Thus, the seven non- UEMOA members (Cape Verde, The Gambia, Ghana, Guinea, Liberia, Nigeria and Sierra Leone) are busily preparing themselves for harmonisation, studying the impact of adopting the CET and preparing their national negotiating positions. -
UC Berkeley UC Berkeley Electronic Theses and Dissertations
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title Financial Institutions and the Real Economy Permalink https://escholarship.org/uc/item/6bq1q4t7 Author Messer, Todd Publication Date 2021 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California Financial Institutions and the Real Economy by Todd Messer A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Economics in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Pierre-Olivier Gourinchas, Chair Professor Christina Romer Associate Professor Benjamin Faber Spring 2021 Financial Institutions and the Real Economy Copyright 2021 by Todd Messer 1 Abstract Financial Institutions and the Real Economy by Todd Messer Doctor of Philosophy in Economics University of California, Berkeley Professor Pierre-Olivier Gourinchas, Chair This dissertation examines the role of financial institutions as they relate to foreign currency payments and financial stability. The first chapter of this dissertation examines how the foreign currency component of international payments can be costly for importers and ex- porters by studying the introduction of a payments system between Brazil and Argentina established in 2008. The second chapter of this dissertation examines the reasons behind short-term funding vulnerabilities of financial institutions by studying Building and Loan Associations in California during the Great Depression. Finally, the last chapter of this dis- sertation studies the COVID-19 pandemic, which is one of the most important public health and economic events of recent history. This chapter studies the effect of stay-at-home orders, enacted to combat the spread of COVID-19, on local labor markets. -
This Is an Accepted Manuscript of a Book Chapter Published by Ashgate / Routledge in 2012
This is an Accepted Manuscript of a book chapter published by Ashgate / Routledge in 2012. https://www.routledge.com/p/book/9781409434641 Please cite the published version! Hummel, Felix/ Mathis Lohaus (2012): “MERCOSUR: Integration through Presidents and Paymasters.” In: Tanja A. Börzel/ Lukas Goltermann/ Mathis Lohaus/ Kai Striebinger (eds.): Roads to Regionalism. Genesis, Design, and Effects of Regional Organizations. Aldershot: Ashgate/Routledge, 59-77. 1 Chapter 4 MERCOSUR: Integration through Presidents and Paymasters Felix Hummel and Mathis Lohaus Introduction Which factors evoke attempts towards regional integration and influence their rate of success? In the case of the Southern Common Market (MERCOSUR), the most prominent theories in this regard seem to lack explanatory power. Neither the emergence nor the institutional development and outcomes of MERCOSUR are consistent with the assumptions made by intergovernmentalism and neofunctionalism. As one scholar puts it, “the sequence of interdependence–integration–institutions simply did not take place” (Malamud 2003: 59–61), thus limiting the applicability of the major theories. To account for regional integration in this case, a different approach appears to be necessary. According to our hypothesis, Mattli’s (1999) framework for regional integration will prove suitable. With regard to the emergence of MERCOSUR, the organization can be seen as a counter-union to balance external influences like the US-led Free Trade Area of the Americas (FTAA) or bilateral agreements. The subsequent (lack of) regional integration is best explained by a mixture of demand- and supply-side factors, combining arguments from economics and political science. Our main explanatory factors are the Latin American particularity of interpresidentialism and Brazil’s role as a paymaster. -
Customs Unions and Free Trade Are a S
99A-031 2000.8.31 5:48 PM D‰¿Ã¡ˆ418 Journal of Economic Integration 15(3), September 2000; 418– 435 Customs Unions and Free Trade Are a s Kimberly A. Clausing Reed College Abstract This paper compares free trade areas and customs unions in terms of their potential to liberalize trade. While neither arrangement is shown to be unambiguously preferable, this paper generates specific conditions that d e t e r mine when customs unions are pre f e r red to free trade areas. The rank- ing of the two arrangements depends on how common external tariffs are set in customs unions, the restrictiveness of rules of origin in free trade a g r eements, and the original tariff levels among the member coun- tries. JEL Classification: F13 Key Words: Customs Unions, Free Trade Areas, Rules of Origin *Correspondence Address: Department of Economics, *Reed College, 3203 SE Woodstock Blvd, Portland. OR 97202-8199 U.S.A. (Tel)(503)771-1112, x7388, (E-mail)[email protected]. Acknowledgments ; This work has been supported in part by a National Science Foun- dation Graduate Fellowship. I am grateful to James Hines, Donald Davis, and partici- pants at Harvard University’s international economics workshop for helpful com- ments. 2000 Center for International Economics, Sejong Institution. All rights reserved. 99A-031 2000.8.31 5:48 PM D‰¿Ã¡ˆ419 Kimberly A. Clausing 4 1 9 I. Introduction P re f e r ential trading agreements are growing rapidly, in both size and number. An incomplete inventory of recent initiatives includes proposals to extend NAFTA to Chile, to create a Free Trade Area of the Americas encompassing the entire We s t e r n Hemisphere, to establish free trade among the APEC nations, and to continue the expansion of the EU to other E u r opean countries. -
Uruguay Year 2020
Uruguay Year 2020 1 SENSITIVE BUT UNCLASSIFIED Table of Contents Doing Business in Uruguay ____________________________________________ 4 Market Overview ______________________________________________________________ 4 Market Challenges ____________________________________________________________ 5 Market Opportunities __________________________________________________________ 5 Market Entry Strategy _________________________________________________________ 5 Leading Sectors for U.S. Exports and Investment __________________________ 7 IT – Computer Hardware and Telecommunication Equipment ________________________ 7 Renewable Energy ____________________________________________________________ 8 Agricultural Equipment _______________________________________________________ 10 Pharmaceutical and Life Science _______________________________________________ 12 Infrastructure Projects________________________________________________________ 14 Security Equipment __________________________________________________________ 15 Customs, Regulations and Standards ___________________________________ 17 Trade Barriers _______________________________________________________________ 17 Import Tariffs _______________________________________________________________ 17 Import Requirements and Documentation _______________________________________ 17 Labeling and Marking Requirements ____________________________________________ 17 U.S. Export Controls _________________________________________________________ 18 Temporary Entry ____________________________________________________________ -
Dispute Resolution Regulation and Experiences in MERCOSUR: the Recent Olivos Protocol
Law and Business Review of the Americas Volume 8 Number 4 Article 3 2002 Dispute Resolution Regulation and Experiences in MERCOSUR: The Recent Olivos Protocol Ricardo Olivera Garcia Follow this and additional works at: https://scholar.smu.edu/lbra Recommended Citation Ricardo Olivera Garcia, Dispute Resolution Regulation and Experiences in MERCOSUR: The Recent Olivos Protocol, 8 LAW & BUS. REV. AM. 535 (2002) https://scholar.smu.edu/lbra/vol8/iss4/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Law and Business Review of the Americas by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Fall 2002 535 Dispute Resolution Regulation and Experiences in MERCOSUR: The Recent Olivos Protocol Ricardo Olivera Garcia* Table of Contents I. Introduction II. What is MERCOSUR? III. Evolution of Dispute Resolution System V. The Brasilia Protocol System A. DISPUTES BETWEEN PARTY STATES 1. Sphere of Application 2. Stages of the Procedure a. Direct Negotiations b. Intervention of Common Market Group c. Arbitral Proceeding 3. Features of the Arbitral Proceeding B. CLAIMS BY PRIVATE PARTIES 1. Sphere of Application 2. Stages of the Procedure V. Adjustments to the Brasilia System Made in Ouro Preto VI. The Experience of the Brasilia Protocol Dispute Resolution System VII. Assessment of the Brasilia Protocol System VIII. Innovations of the Olivos Protocol IX. The Distinction between the Regimen Applicable to Disputes between Party States and Those Deriving from Private Claims Has Been Maintained A. DISPUTES BETWEEN PARTY STATES 1. -
The Ecowas Common External Tariff (Cet) and Regional Integration
Volume 2 Issue 2, Dec. 2012 NANTS Regional Trade Advocacy Series THE ECOWAS COMMON EXTERNAL TARIFF (CET) AND REGIONAL INTEGRATION 2.0. The ECOWAS Common External Tariff (CET) ECOWAS can Facilitate free flow of goods through a Customs Union. 1.0. INTRODUCTION Trade is an instrument of harmony among communities. A Common External Tariff (CET) is a basic feature of the The ECOWAS CET is one of the instruments for harmonizing Customs Union as a form of economic integration. All the the policies of ECOWAS Member States and strengthening its countries in a customs union abandon the individual tariff Common Market. Article 3 of the ECOWAS Revised Treaty structure with which they trade with other countries and defines the aims of the community as promoting “co- adopt a common external tariff in trade with third countries. operation and integration, leading to the establishment of an economic union in West Africa ….” In order to achieve this, the The same customs duties, import quotas, preferences or community is to ensure, in stages, among other means, the other non-tariff barriers to trade apply to all goods entering establishment of a common market through “the adoption of the area, regardless of which country within the area they are a common external tariff and a common trade policy vis-à-vis entering. It is designed to end re-exportation, but it may also third countries…” inhibit imports from countries outside the customs union and thereby reduce consumer choice and support protectionism To this end, the ECOWAS Heads of State at their 2001 summit of industries based within the customs union. -
Topic 9: Preferential Trade Agreements (Ptas)
Topic 9: Preferential trade agreements (PTAs) Introduction One of the most important elements of trade policy in the world is the rapid growth of various forms of Free Trade Agreements (FTAs), more generally referred to as PTAs or Regional Trade Agreements (RTAs). They have been in existence for many centuries in various forms, such as the Hanseatic League among northern German principalities and parts of Scandinavia in the 13th to 17th centuries and various trade agreements among Italian republics during the Renaissance. The first major FTA after World War II was the European Coal and Steel Community (ECSC), which eventually became the European Community and now the European Union. The first major agreement involving the United States was the North American Free Trade Agreement (NAFTA) with Canada and Mexico in 1994, which succeeded the Canada-US FTA. PTAs really began to grow in number and scope after NAFTA and as of January 2018 there were 455 such agreements in place involving nearly all countries in the WTO (Chart). US PTAs In recent decades PTAs have become the primary way that the US and the EU try to manage their trade relations with specific countries or groups of countries. In addition to NAFTA the US has the following agreements (20 countries in total): • Central America (CAFTA); • Several nations in the Caribbean (CARICOM); • Agreements in South America (Chile, Peru, Colombia); • Australia; • South Korea; • Israel, Jordan, and numerous other small countries. Other PTAs The EU itself is a massive FTA with 28 current members (actually a Customs Union; see below). The EU also has an FTA with the members of the European Free Trade Agreement (EFTA; Switzerland, Norway and Iceland) and a customs union with Turkey and some smaller states. -
The Argentina
Protocol of Olivos FOR DISPUTE SETTLEMENT IN MERCOSUR The Republic Argentina, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, hereinafter "States Parties"; HAVING REGARD to the Treaty of Asuncion, the Protocol of Brasilia and the Protocol of Ouro Preto; RECOGNIZING that the evolution of the integration process in Mercosur requires the improvement of the system solution of disputes; CONSIDERING the need to ensure the correct interpretation, implementation and enforcement of the fundamental tools of the integration process and the set of rules of Mercosur, in a consistent and systematic manner; CONVINCED the desirability of making specific changes in the settlement of disputes in order to consolidate the system legal certainty within Mercosur; HAVE AGREED as follows: CHAPTER I DISPUTES BETWEEN STATES PARTIES Article 1 Scope 1. Disputes arising between States Parties concerning the interpretation, application or non- compliance with the Treaty of Asunción, the Ouro Preto, protocols and agreements Protocol within the framework of the Treaty of Asunción, the Decisions of the Common Market Council, the Resolution of Market Group and the Joint Guidelines Committee of Commerce of Mercosur will be subject to the procedures set out in this Protocol. 2. Disputes within the scope of application of this Protocol that may also be subject to the dispute settlement system of the World Organization of Trade or other preferential trading schemes that are part of the individual member states of MERCOSUR may be subject to one or other jurisdiction, the choice of the complainant. Notwithstanding the foregoing, the parties to the dispute may, by mutual agreement, set the forum. -
Mercosur: Limits of Regional Integration
Mercosur: Limits of Regional Integration Ricardo Caichiolo* Abstract versality is seen as the source of the solidification and enforcement of these values. However, the concept of This study is focused on the evaluation of successes and fail- universality has also been linked to the idea of regional- ures of the Common Market of the South (Mercosur). This ism, both regarded as being complementary concepts analysis of Mercosur’s integration seeks to identify the geared towards the improvement of international organ- reasons why the bloc has stagnated in an incomplete cus- isations as well as to society itself. toms union condition, although it was originally created to Another significant development that is seen from the achieve a common market status. To understand the evolu- international community is the emergence and attention tion of Mercosur, the study offers some thoughts about the of supranational organisations as well as the importance role of the European Union (EU) as a model for regional they hold towards their respective organisations or state. integration. Although an EU-style integration has served as Although there are times wherein national dependencies a model, it does not necessarily set the standards by which matter, the role of supranational organisations, in cer- integration can be measured as we analyse other integration tain cases, may go beyond that of the state itself. This efforts. However, the case of Mercosur is emblematic: dur- can be seen from the influence and level of authoritative ing its initial years, Mercosur specifically received EU techni- power as well as the autonomy that they enjoy, from cal assistance to promote integration according to EU-style intra- and interregional organisations.