Carving Out Policy Autonomy for Developing Countries in the World Trade Organization: The Experience of Brazil and Mexico

Although liberal trade and development scholars disagree about the merits of the World Trade Organization (WTO), they both assume that WTO legal obligations restrict states’ regulatory autonomy. This article argues for relaxing this shared assumption by showing that, despite the restrictions imposed by international economic law obligations, states retain considerable flexibility to carve out policy autonomy. The article makes three distinct contributions. First, it analyzes how active WTO members can, through litigation and lawyering, influence rule interpretation to advance their interests. Second, the article redefines the concept of “legal capacity” in the WTO context and introduces the term “developmental legal capacity,” which describes how states can use legal tools and institutions not only as a sword to open new markets but also as a shield for heterodox economic policies. Third, the article offers a comparative analysis of two case studies, Brazil and Mexico, and shows that they have pursued different trade and litigation strategies. While subject to the same WTO obligations, these countries have made different use of their policy space according to their own economic objectives. The article concludes that, despite the apparent rigidity of the WTO, countries following a deliberate strategy can expand their regulatory space to advance their own interests

NAFTA Renegotiation and Modernization

The 115th Congress faces policy issues related to the Trump Administration’s renegotiation and modernization of the North American Free Trade Agreement (NAFTA). NAFTA negotiations were first launched in 1992 under President H. W. Bush, who signed the agreement in December 1992, and continued under President Bill Clinton, who negotiated additional side agreements on labor and the environment. President Clinton signed the agreement into law on December 8 1993, (P.L. 103-182) and NAFTA entered into force on January 1, 1994. It is particularly significant because it was the most comprehensive free trade agreement (FTA) negotiated at the time, contained several groundbreaking provisions, and was the first of a new generation of U.S. FTAs later negotiated. Congress played a major role during its consideration and, after contentious and comprehensive debate, ultimately approved legislation to implement the agreement. NAFTA established trade liberalization commitments that set new rules and disciplines for future FTAs on issues important to the United States, including intellectual property rights protection, services trade, dispute settlement procedures, investment, labor, and the environment. NAFTA’s market-opening provisions gradually eliminated nearly all tariff and most nontariff barriers on goods produced and traded within North America. At the time of NAFTA, average applied U.S. duties on imports from Mexico were 2.07%, while U.S. businesses faced average tariffs of 10%, in addition to nontariff and investment barriers, in Mexico. The U.S.-Canada FTA had been in effect since 1989. Trade among NAFTA partners has tripled since the agreement entered into force, forming a more integrated North American market. The Trump Administration has made NAFTA renegotiation and modernization a prominent initial priority of its trade policy. President Trump has viewed the agreement as the “worst trade deal,” and has stated that he may seek to withdraw from the agreement. He has focused on the trade deficit with Mexico as a major reason for his critique. On May 18, 2017, the Trump Administration sent a 90-day notification to Congress of its intent to begin talks to renegotiate NAFTA, as required by the 2015 Trade Promotion Authority (TPA) (P.L. 114-26). Negotiations started August 16, 2017. Stating they are committed to an expeditious process, negotiators plan to have a series of seven rounds at three-week intervals for a conclusion by the end of 2017 or early 2018. The fourth round of negotiations began at the time this report was printed. The final text of the agreement will not be released until after negotiations are concluded. NAFTA parties have agreed that the information exchanged in the context of the negotiations, such as the negotiating text, proposals of each government, and other materials related to the substance of the negotiations, must remain confidential. Congress will likely continue to be a major participant in shaping and potentially considering an updated NAFTA. Key issues for Congress in regard to the renegotiation or modernization include the constitutional authority of Congress over international trade, its role in revising or withdrawing from the agreement, the U.S. negotiating objectives, the impact on U.S. industries and the U.S. economy, the negotiating objectives of Canada and Mexico, and the impact on broader relations with Canada and Mexico. The outcome of these negotiations will have implications for the future direction of U.S. trade policy under President Trump. NAFTA renegotiation may provide opportunities to address issues not covered in the original text. Technology and industrial production processes have changed significantly since it was negotiated. The widespread use of the Internet has affected economic activities and the use of e-commerce, for example. A modernization could incorporate elements of more recent U.S. FTAs, such as digital and services trade and enhanced IPR protection. Many U.S. manufacturers, services providers, and agricultural producers oppose efforts to eliminate NAFTA and ask that the Trump Administration strive to “do no harm” in the negotiations because they have much to lose if the United States pulls out of the agreement. Other groups contend that NAFTA should be rewritten to include stronger and more enforceable labor protections, provisions on currency manipulation, and stricter rules of origin

Export Controls: Post-Shipment Verification Provides Limited Assurance That Dual-Use Items Are Being Properly Used

A letter report issued by the General Accounting Office with an abstract that begins "The United States controls certain dual-use technologies that could be used to enhance the military capabilities of countries of concern. The Department of Commerce (Commerce) conducts post-shipment verification (PSV) checks to ensure that these technologies arrive at their intended destination and are used for the purposes stated in the export license. GAO was asked to (1) assess the number of dual-use export licenses approved and subject to postshipment verification and (2) evaluate how the PSV process ensures that sensitive exports are used as intended.

Innovation via global route: Proposing a reference model for chances and challenges of global innovation processes

Innovations have acquired a key-role in the growth and competition strategies of firms today. They are regarded as an essential tool to stimulate growth and enable firms to master the competition brought about by the forces of globalization. In developed countries they are thought to provide a vital buffer against challenges from low-cost producers from emerging countries. At the same time, innovations in today's globalized world are hardly feasible in isolation. World-wide economic reforms and far-reaching technological advancements have brought to fore new economic powerhouses, such as China and India, which possess strong scientific capabilities. Products are marketed internationally which often necessitates adaptation to specific needs of targeted markets. All these developments are leading to the globalization of innovation. Based on recent empirical studies conducted by the authors in Germany, this paper presents results from research-in-progress and proposes a reference model for chances and challenges of global innovation activities. --Research and Development,R&D,Internationalization,Globalization,Innovation

A Pragmatic Study of Strategies for Crisis Communication in the Announcements Made by Chinese Listed Pharmaceutical Enterprises

Drug safety issues have grown increasingly common in China and have been much concerned by the public, having exerted a huge impact on the development and survival of related pharmaceutical enterprises. Consequently, the involved corporations have to respond properly to the crisis with a view to not only resume the corporations’ operation but also rebuild the public’s confidence in the pharmaceutical industry. Although scholars have conducted abundant research on corporate apologies, announcements, a quasi-apology or a substitute for apologies, as a common way to respond to crises in China, have not gained due attention from academia. Therefore, the paper intends to analyze components of Chinese pharmaceutical enterprises’ announcements and pragmatic strategies employed herein for better elucidating the formation of announcements and highlighting the role of announcements in managing crises. Based on Boy’s (2011) seven apology components and Xu’s (2021) pragmatic strategy set, qualitative research is carried out. It is found that, unlike conventional apologies, six components are identified in the announcements and corresponding pragmatic strategies conducive to managing crises are explored: (1) revelation: explanation (blunt statement); (2) responsiveness: timeliness (attitudinal meaning devices); (3) responsibility: internal attribution and external attribution (grounders); (4) remorse: guilt (IFID); (5) reform: change (attitudinal meaning devices, hedges and vagueness) and (6) impact on operations: minor impact, huge impact and undetermined impact (blunt statement, hedges and vagueness). The findings would not only shed light on research on corporate crisis communication, but also provide the practitioners with some insights into how to issue the announcements

China and the Multilateral Investment Guarantee Agency

The Multilateral Investment Guarantee Agency (MIGA), established in 1988, is part of the World Bank Group. Its mandate is to promote foreign investment in its member countries by providing political risk insurance and technical assistance to promote investment. In developing this case study of China's evolving relationship with MIGA, the author asked: Why did China decide to seek membership in MIGA? What was the outcome of the relationship between China and MIGA? How has that relationship affected economic and legal reform in China and the country's integration with the multilateral investment insurance system? How can MIGA strengthen its role? And how can MIGA prevent potential claims to its portfolio in China? MIGA's comparative advantages are its international experience in underwriting and operating its portfolio, its neutral position and approach, its mediation and legal advice, and the fact that its guarantee portfolio is unaffected by bilateral relations. The author suggested that in China, MIGA should screen foreign direct investment (FDI), not just encourage it, because some FDI in China has been of poor quality, with little transfer of skills and technology. Some local partners have conceded too many discounts to foreign investors, without considering the cost of key assets such as land and machinery. Some foreign investors have taken advantage of local officials'eagerness for foreign capital, pressuring them to grant guarantees they should not grant and to allow unacceptable levels of environmental pollution in industry. China receives one-third of all FDI in developing countries. To continue attracting such investment, it must design a rule-based legal system governing FDI, making its rules and regulations more transparent, uniform, and consistent with international practice. As a neutral third party, MIGA could make policy recommendations that authorities might consider and accept -- such as policies designed to encourage less investment in labor-intensive firms and more in high-tech industries.International Terrorism&Counterterrorism,Legal Products,Fiscal&Monetary Policy,Payment Systems&Infrastructure,Environmental Economics&Policies,Environmental Economics&Policies,Legal Products,National Governance,Foreign Direct Investment,International Terrorism&Counterterrorism

The Proposed U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implications

On June 30, 2007, United States Trade Representative Susan Schwab and South Korean Foreign Trade Minister Kim Hyung-chong signed the proposed U.S.-South Korean Free Trade Agreement (KORUS FTA) for their respective countries. If approved, the KORUS FTA would be the largest FTA that South Korea has signed to date and would be the second largest (next to North American Free Trade Agreement NAFTA) in which the United States participates. South Korea is the seventh-largest trading partner of the United States and the United States is South Korea’s third largest trading partner. Various studies conclude that the agreement would increase bilateral trade and investment flows. The final text of the proposed KORUS FTA covers a wide range of trade and investment issues and, therefore, could have wide economic implications for both the United States and South Korea. The KORUS FTA includes issues on which the two countries achieved early agreement, such as the elimination on tariffs on trade in most manufactured goods and the partial liberalization in services trade. The agreement also includes provisions on a number of very sensitive issues, such as autos, agriculture, and trade remedies, on which agreement was reached only during the final hours of negotiations. If the agreement is to enter into force, Congress will have to approve implementation legislation. The negotiations were conducted under the trade promotion authority (TPA), also called fast-track trade authority, that the Congress granted the President under the Bipartisan Trade Promotion Act of 2002 (P.L. 107-210). The authority allows the President to enter into trade agreements that receive expedited congressional consideration (no amendments and limited debate). The White House has not indicated when it will send the draft implementing legislation to Congress. (The TPA sets no deadline for the President to do this.) While a broad swath of the U.S. business community supports the agreement, the KORUS FTA faces opposition from some groups, including some auto and steel manufacturers and labor unions. In addition, the agricultural community and some Members of Congress have withheld support for the agreement until South Korea lifts its restrictions on imports of U.S. beef. Some U.S. supporters view passage of the KORUS FTA as important to secure new opportunities in the South Korea market. Opponents claim that the KORUS FTA does not go far enough in opening up the South Korean market and is a lost opportunity to resolve long running concerns about South Korean barriers. Other observers have suggested the outcome of the KORUS FTA could have implications for the U.S.-South Korean alliance as a whole. Differences between the White House and the Democratic leadership in the Congress over the implications of the KORUS FTA have made the timing and even the likelihood of the President’s submission and the Congress’s subsequent consideration of implementing legislation uncertain. This report will be updated as events warrant

Learning from Trump and Xi? Globalization and innovation as drivers of a new industrial policy. Bertelsmann GED Focus 2020

Technological innovations are essential drivers of longterm and sustainable growth. Accordingly, there currently is a debate in Germany and the EU as to whether a new, strategic industrial policy can be an answer to the complex dynamics of digitization. Products of this discussion are, for example, the Industrial Strategy 2030 published by the Federal Ministry for Economic Affairs and Energy in November 2019 and the Franco-German Manifesto for a European Industrial Policy for the 21st Century. The focus here is on the question of how the EU and its member states can maintain their innovative and thus competitive ability in the face of diverse challenges. However, there is no standard recipe for building and expanding the innovative capacity of an economy. Different countries rely on different strategies that can be equally successful. An important distinguishing feature is the role of the state. A clear example of divergent innovation models are China and the USA. Although both countries have completely different approaches to an innovation-promoting industrial policy, both models are characterized by major technological successes. With an analysis of the Chinese and American innovation system, this study highlights the main features and success factors of both innovation models and discusses whether and to what extent these factors are transferable to the European and German case. Five fields of action for an innovation-promoting industrial policy in the EU and Germany emerge from this analysis • Implementation of a long-term innovation strategy • Expansion of venture capital • Expansion of cluster approaches at EU level • Thinking and strengthening of cybersecurity at EU level • Creation of uniform and fair conditions for competition In addition to these fields of action, which are relevant both for the EU and for individual member states, industrial policy measures in the following three areas could be useful for Germany. In particular: • Improvement of framework conditions for research and development • Gearing the education and research system more strongly towards entrepreneurship and innovation • State as a pioneer and trailblazer in new technologies In their implementation, however, strategic European and German industrial policies face a trade-off between the protection and promotion of legitimate self-interests on the one hand and the defense against economically damaging protectionism and ill-considered state interventionism on the other. The so-called “mission orientation” can make a significant contribution here: Accordingly, industrial policy should serve to address specific societal challenges (e. g. globalization, digitization, demographic change, climate change) and be coherently targeted towards these objectives. Furthermore, industrial policy is to be driven in parallel by different actors. Above all, it is a joint task of business and politics to enable a competitive business location where the state ensures good competition- promoting framework conditions and the private actors implement concrete actions

Measuring Intention to Purchase Innovative Personal Health Assistant Services of Hypertension Patients in A Private Hospital in Bangkok

Purpose: This research examines the influencing factors of purchase intention on innovative personal health assistant services of hypertension patients of Bumrungrad Hospital. The conceptual framework contains five variables: brand image, perceived service quality, patient satisfaction, Word of mouth, and purchase intention. Research design, data, and methodology: The data collection is to distribute questionnaires to 500 participants who are hypertension symptoms. The researcher applied probability and nonprobability sampling techniques, including purposive, stratified random, and convenience samplings. Before the data collection, content validity was reserved by the index of item objective congruence (IOC), and Cronbach’s Alpha approved a pilot study of 50 samples. The data were analyzed using descriptive statistics, confirmatory factor analysis (CFA), and structural equation modeling (SEM) methodology. Results: All five hypotheses are supported in this study. Brand image has a significant impact on perceived service quality. Perceived service quality has a significant impact on patient satisfaction. Patient satisfaction has a significant impact on Word of mouth. Furthermore, Word of the Mount significantly impacts brand image and purchase intention. Conclusions: Healthcare service providers can enhance the purchase intention of digital healthcare technology where it could be remarkably beneficial to patients to track and monitor their health conditions

Online Onboarding: Corporate Governance Training In The COVID-19 Era

Onboarding new directors is critical in the best of circumstances. What should organizations do when training new board members must be completed online? COVID-19 has forced both ordinary and extraordinary business functions to be conducted primarily online, and online onboarding may be necessary or preferred in a number of business contexts. This Article first reviews the best practices in director onboarding and explains the functional goals of those practices. It then explains how to leverage the power of virtual data rooms and virtual conference software to successfully onboard new corporate directors with virtual meetings. These strategies apply to both for-profit and non-profit boards and can be employed to enhance any online meeting or conference where the goals include informing and engaging participants while encouraging them to socialize