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International Business and Trade (Chapter 3), Summaries of International Business

Short reviewer of IBT Chapter 3

Typology: Summaries

2021/2022

Uploaded on 07/06/2023

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Rules on ASEAN’s Economic Integration
Economic Integration - is an arrangement among nation that
includes the reduction or elimination of trade barriers. It aims
to reduce costs for both consumers and producers and to
increase trade between the countries involved in agreement.
Advantages
Creation of Trade
Employment Opportunities
Consensus and Cooperation
Disadvantages
Diversion of Trade
Erosion of National Sovereignty
Employment Shifts and Reduction
Note: Economic Integration can reduce the costs of trade,
improve the availability of goods and services, and gains in
efficiency that lead to greater purchasing power.
ASEAN
×Association of Southeast Asia Nations (ASEAN)
established on August 8, 1967 in Bangkok, Thailand
×Five founding members, namely, Indonesia, Malaysia,
Philippines, Singapore and Thailand
×A regional organization of 10 Southeast Asian and Pacific
Rim countries whose governments collaborate to promote
socio-cultural, economic, and political advancement in the
region.
THE ASEAN OBJECTIVES
(1) To accelerate economic growth, social progress, and
cultural development in the region; 2) To promote regional
peace and stability through abiding respect for justice and the
rule of law in the relationship among countries and adherence
to the principles of the Charter.
3 pillars:
(1) ASEAN Security Community (ASC)
(2) ASEAN Economic Community (AEC)
(3) ASEAN Socio-Cultural Community (ASCC)
ASEAN Security Community (ASC)
shall aim to ensure that countries in the region live at peace
with one another and with the world in a just, democratic, and
harmonious environment.
ASEAN Socio-Cultural Community
ASCC shall foster cooperation in social development aimed at
raising the standard of living of disadvantaged groups and the
rural population, and shall seek the active involvement of all
sectors of Society, in particular women, youth, and local
communities.
The Bottom Line
The Association of Southeast Asian Nations - is a bloc that is
a large player on the world stage, both in terms of its economic
influence and positioning between China and the United
States.
3.6.1: APEC's Operation objectives and Principles
The Asia-Pacific Economic Cooperation (APEC) is an
economic group of 21 members, formed in 1989, with the
primary goal of promoting free trade and sustainable
development in the Pacific Rim economies.
Fundamental Principles of APEC's Operation"
Comprehensiveness GATT/WTO Consistency • Comparability
Non-discrimination •Transparency • Standstill • Simultaneous
start • Flexibility. • Technical cooperation
Strategic Plans of Philippines as member of APEC
Tariff and Non-Tariff Issues Customs Issues Trade in
Services • Standards and Harmonization Cooperation in the
Future
Internal Market
No restrictions on trade inside the EU
No customs duties at borders
Companies can trade freely with one another.
Regulations on Other Fields
The Social Chapter
- part of the TEC
- deals with the equal treatment of men and women
under Article 141 of the TEC and the regulation of
working time under the Working Time Directive.
Directive Act 2006/54/EC
- an anti-discrimination legislation.
- equal opportunities and treatment of men and women on
employment and occupation
TEC-Treaty Establishing the European Community
European Social Charter
Council of Europe treaty
Guarantees fundamental social and economic rights
as European Convention on Human Rights, which
refers to civil and political rights.
Guarantees human rights related to employment,
housing, health, education, social protection and
welfare.
Protects elderly people, children, people with
disabilities and migrants.
Abovementioned rights guaranteed without
discrimination.
The Charter is therefore seen as the Social Constitution of
Europe.
EU Competition Law
In the EU, competition law is an important part of ensuring
the completion of the internal market, meaning the free flow
of working people, goods, services and capital in a borderless
Europe.
In a truly competitive market;
consumers benefit from price competition
greater product development
improved product specifications
better quality of service between competitors
Competition law is concerned with agreements or practices
which actually or potentially distort competition within a
market in a way which is ultimately detrimental to the
consumer.
COURT OF JUSTICE EU
interprets EU law to make sure it is applied in the
same way in all EU countries
settles legal disputes between national governments
and EU institutions.
NATIONAL COURTS
National courts play a key role in the enforcement of
European competition policy
Provides information on the application of Antitrust
law by national courts.
EUROPEAN COMMISSION
The European Commission is the EU's politically
independent executive arm.
It is alone responsible for drawing up proposals for
new European legislation
Implements the decisions of the European Parliament
and the Council of the EU.
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Rules on ASEAN’s Economic Integration Economic Integration - is an arrangement among nation that includes the reduction or elimination of trade barriers. It aims to reduce costs for both consumers and producers and to increase trade between the countries involved in agreement. Advantages Creation of Trade Employment Opportunities Consensus and Cooperation Disadvantages Diversion of Trade Erosion of National Sovereignty Employment Shifts and Reduction Note: Economic Integration can reduce the costs of trade, improve the availability of goods and services, and gains in efficiency that lead to greater purchasing power. ASEAN × Association of Southeast Asia Nations (ASEAN) established on August 8, 1967 in Bangkok, Thailand × Five founding members, namely, Indonesia, Malaysia, Philippines, Singapore and Thailand × A regional organization of 10 Southeast Asian and Pacific Rim countries whose governments collaborate to promote socio-cultural, economic, and political advancement in the region. THE ASEAN OBJECTIVES (1) To accelerate economic growth, social progress, and cultural development in the region; 2) To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries and adherence to the principles of the Charter. 3 pillars: (1) ASEAN Security Community (ASC) (2) ASEAN Economic Community (AEC) (3) ASEAN Socio-Cultural Community (ASCC) ASEAN Security Community (ASC) shall aim to ensure that countries in the region live at peace with one another and with the world in a just, democratic, and harmonious environment. ASEAN Socio-Cultural Community ASCC shall foster cooperation in social development aimed at raising the standard of living of disadvantaged groups and the rural population, and shall seek the active involvement of all sectors of Society, in particular women, youth, and local communities. The Bottom Line The Association of Southeast Asian Nations - is a bloc that is a large player on the world stage, both in terms of its economic influence and positioning between China and the United States. 3.6.1: APEC's Operation objectives and Principles The Asia-Pacific Economic Cooperation (APEC) is an economic group of 21 members, formed in 1989, with the primary goal of promoting free trade and sustainable development in the Pacific Rim economies. Fundamental Principles of APEC's Operation" Comprehensiveness GATT/WTO Consistency • Comparability Non-discrimination •Transparency • Standstill • Simultaneous start • Flexibility. • Technical cooperation Strategic Plans of Philippines as member of APEC Tariff and Non-Tariff Issues • Customs Issues • Trade in Services • Standards and Harmonization • Cooperation in the Future Internal Market No restrictions on trade inside the EU No customs duties at borders Companies can trade freely with one another. Regulations on Other Fields The Social Chapter

  • part of the TEC
  • deals with the equal treatment of men and women under Article 141 of the TEC and the regulation of working time under the Working Time Directive. Directive Act 2006/54/EC
  • an anti-discrimination legislation.
  • equal opportunities and treatment of men and women on employment and occupation TEC -Treaty Establishing the European Community European Social Charter Council of Europe treaty  Guarantees fundamental social and economic rights as European Convention on Human Rights, which refers to civil and political rights.  Guarantees human rights related to employment, housing, health, education, social protection and welfare.  Protects elderly people, children, people with disabilities and migrants.  Abovementioned rights guaranteed without discrimination. The Charter is therefore seen as the Social Constitution of Europe. EU Competition Law In the EU, competition law is an important part of ensuring the completion of the internal market, meaning the free flow of working people, goods, services and capital in a borderless Europe. In a truly competitive market;  consumers benefit from price competition  greater product development  improved product specifications  better quality of service between competitors Competition law is concerned with agreements or practices which actually or potentially distort competition within a market in a way which is ultimately detrimental to the consumer. COURT OF JUSTICE EU  interprets EU law to make sure it is applied in the same way in all EU countries  settles legal disputes between national governments and EU institutions. NATIONAL COURTS  National courts play a key role in the enforcement of European competition policy  Provides information on the application of Antitrust law by national courts. EUROPEAN COMMISSION  The European Commission is the EU's politically independent executive arm.  It is alone responsible for drawing up proposals for new European legislation  Implements the decisions of the European Parliament and the Council of the EU.

NATIONAL COMPETITION AUTHORITIES

 Council Regulation 1/2003 developed the enforcement powers of the competition authorities of the EU Member States FOUR MAIN COMPETITION POLICY AREAS

  1. Cartels, or control of collusion and other anti- competitive practices with an effect on the EU, This is covered under Article 81 of the TEC- Article 101 of the TFEU.
  2. Monopolies, or preventing the abuse of firms' dominant market positions. This is governed by Article 82 of the TEC-Article of the 102 TFEU.
  3. Thirdly, mergers, control of proposed mergers, acquisitions and joint ventures involving companies with a certain, defined amount of turnover in the EU/EEA.This is governed by the Council Regulation 139/2004 EC (the Merger Regulation).
  4. Fourthly, state aid, control of direct and indirect aid given by EU member states to companies. Monetary Policy The EMU has led to the introduction of a single currency: the euro. The euro was launched on 1 January 1999. A single currency offers many advantages, such as eliminating fluctuating exchange rates and exchange costs. A common currency also encourages people to travel and shop in other countries. Strategies of Legal Integration In endeavor of creating a borderless EU, EU institutions used three main strategies aiming at the legal integration:  Unification of laws is creating a community law that would be uniformly applied to certain economic and trade areas in all EU countries.  Harmonization of member states' laws. This strategy is politically easier for member states to accept, applying to areas such as labor law, and internal taxation (Article 114(1) of the TFEU – Article 95(1) of the TEC).  Mutual recognition of the standards guarantees the free movement of goods and services without the need to harmonize member states' national legislation. EU
  • 60 years of peace, stability, and prosperity
  • Helped raise living standards Single European currency
  • Move among member states as freely as within one country
  • Enlarges' with twenty-seven members
  • Deepens' with strengthening economic policy
  • Not a federal government, nor is a traditional organization. Intergovernmental
  • EU law is neither traditional international law, nor a national law of federation.
  • It is supra-national law and it constitutes an original and creative legal order.
  • Typical example of regional economic integration with a powerful voice on different issues of the world. 3.5 NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)
  • A agreement between Canada, Mexico , and the US.
  • the largest area of free trade in the world
  • Negotiated between 1991 and 1993
  • Approved on January 1 1994 by the national legislatures of the three countries.
  • The NAFTA is an important model for modern Free Trade Agreement because of the high level of liberalization
  • Elimates tariffs on the majority of goods trading and to other restrictions on trade , services, and investments between the three countries KEY ELEMENTS OF NAFTA
  • Opening of government purchasing regimes to business in all the three countries
  • Eliminates restrictions on foreign investment and ensures non-discriminatory treatment for local companies
  • Eliminates preventions on service companies from operating across the north american borders
  • Provides rules in order to protect intellectual property rights
  • Provides settlement mechanisms for state to state dispute, investor-state dispute, and dispute on antidumping measures and countervailing duties Questions ask by the businessmens about the effect of NAFTA
  • Does the FTA rapidly eliminate tariffs in foreign markets on commercially important products?
  • The NAFTA text is analyzed in light of the commercial considerations, it is highly liberalizing agreement. The tariffs on all products have been complete eliminated over 15 years except on certain agricultural products traded between US and Canada.
  • Does the FTA elimnates NTBs and facilitate Procedures such as customs clearance?
  • Under the the dispute settlement rules of the NAFTA, the final dispute settlement panel determinations are made public, and the parties may release to the public manu of the documnents submitted during the proceeding. As a result, these published panel determinations have made significant contributions to the jurisprudence of international trade law, and to investor-state arbitration law in particular.
  • Does the FTA contain obligations effectively to protect IPRs in the export market?
  • Elements such as comprehensive tariff elimination and liberalization of services,commitiments on IPRs protection , labor rights, and environmental protection are the continuing negotiating objectuves of the US.
  • How does the FTA provide for market access for trade in services? Does the agreement provide meaningful obligations to provide NT of foreign services providers?
  • A central focus of any FTA is the reduction and elimination of tariffs on goods traded between the parties. The harmonized Tariif schedule, Applied by countries around the world, contains more than 5, tariff lines for specific product categories at the six- digit level in several chapters Cross border service and immigration laws
  • In the GATS, the negotiatores established four modes of supplying services, with mode 4 being provision of services by natural persons who are present in the territory of the other party. In other words , If a country A makes commitment under mode 4 to country B, it is commiting to allowing people from country B to work in country A by providing services in country A.
  • In the NAFTA, the parties did not make Mode 4 commitments to allow natural persons to work in their countries under their schedule of service commitments. Instead NAFTA treats all employment and temporary entry matters. The parties agree to allow temporary entry of business visitors , traders , and investors , intra-comoany transferees, and certain categories of profession temporarily to enter the territory of the NAFTA countries on non- immigrant visa in order to conduct their business. The categories of professions eligible for the visas include Accountants,engineers,lawyers,medical professionals, scientist and university professor

Konrad Adenauer Alcide De Gasperi Robert Schuman Jean Monnet EU ENLARGEMENT 1951 – European Coal and Steal Community ECSC was established by 6 foundation members: France/Germany/ Belgium/Netherlands/Luxembourg/Italy 1 st^ enlargement – 1973; Denmark, Ireland, UK 2 nd^ enlargement – 1981; Greece 3 rd^ enlargement – 1986; Spain and Portugal 4 th^ enlargement – 1995;Austria/Finland/Sweden 5 th^ enlargement – 2004; Cyprus/Czech/Slovakia/ Slovenia/Poland 6 th^ enlargement – 2007; Bulgaria/Romania. Croatia/Montenegro Criteria set for a country to join the EU × Democracy and Rule of Law × Functioning market economy × Ability to implement EU Laws EU INSTITUTIONS The European Council – summit of the head of state and gov’t of all EU countries The European Parliament – elected by and voice of EU people; EU’s main law-making institutions The Council of Ministers (The Council of the EU) – voice of the member states. 2 types of majority × Majority at least 15 × Majority at least 65 COUNCIL OF MINISTERS TASKS

  1. Passes EU Laws
  2. Coor the board econ policies of EU mem countries
  3. Conclude agreements between EU and other ountries
  4. Approves the annual EU budget
  5. Develops EU’s foreign and defense policies
  6. Coor coop between courts and police force of mem countries The European Commission – body and propose legislation Court of Justice of The EU – judicial institution of EU and EURATOM; 3 courts 1. The Court of Justice – known as European Court of Justice **2. The General Court (1998)
  7. The Civil Service Tribunal (2004) –** rules and disputed bet EU and staff The European Court of Auditors – monitors financial act

3.4 REGULATIONS ON THE EU INTERNAL

MARKET

A. Internal Market

- one of the pillars of the EU Law.

B. Regulations on 4 Fundamental Freedoms

× Free movement of goods

× Free movement of workers

× Free movement of capital

× Freedom of establishment to provide services

A. 3 aspects to free movement of goods

1) Creation of customs nation

2) Prohibition of discriminatory internal taxes

3) Prohibition of quantitative restrictions and

measures having equal effect on imp and export.

B. Common Agricultural Policy – compulsory coor or

national market org w/common Euro org.

Two objectives of CAP

1) Helping European farmers to be competitive

2) Promoting development in rural areas

EU LAW STRUCTURE

1. Law concerning economic and social rights

Treaty of European Communities

- Treaty of European Union

2. EU Common Foreign and Security Policy

3. Police and Judicial Cooperation in Criminal

Matters (Justice and Home Affairs)

Sources of EU Law

1. The treaties or the primary legislation

- constitutional law created by all gov’t of EU state mem

2. the secondary legislation

- sets out how objectives of treaties were expressed

Directive issued by EComm and approved by council

Decision issued by COJ upon whom addressed

Direct Effect of EU Law

1. Horizontal Direct Effect (EU acts/treaties/regulation)

2. Vertical Direct Effect – allow to make choice

2 Objectives of EU Trade Policy

1. lower barriers to EU export and EU investment thru

negotiations and dispute settlement

2. improve conditions for 3rd^ country operators importing

in EU.

DIMENSIONS OF EU TRADE POLICY

1. Multilateral Dimension

- external actions

2. Bilateral Dimension

- promote faster and comprehensive trade liberalization

within framework

3. Unilateral Dimension

- EU granting GSP while adding human tights and good

governance