Asian free trade agreements and WTO compatibility : goods, services, trade facilitation and economic cooperation / Shintaro Hamanaka, Asian Development Bank.

Format:

Book

Author/Creator:

Hamanaka, Shintaro.

Series:

World Scientific studies in international economics ; v. 32.

World Scientific studies in international economics, 1793-3641 ; vol. 32

Language:

English

Subjects (All):

World Trade Organization.

Free trade--Asia.

Free trade.

Commercial treaties.

Commercial policy.

Asia.

Asia--Foreign economic relations.

International economic relations.

Asia--Commercial policy.

Asia--Commercial treaties.

World Trade Organization--Asia.

Physical Description:

xix, 279 pages ; 24 cm.

Place of Publication:

Singapore : World Scientific, [2014]

Summary:

It is an appropriate time to rethink the relationship between trade regionalism and multilateralism in the Asian context as we witness the proliferation of free trade agreements (FTAs) in Asia. In the 1980s and 1990s, many scholars and policymakers believed that Asian integration was market-based, rather than legal-based, and that Asian integration would never be codified through agreements. Yet today, there are a large number of FTAs signed and under negotiation in Asia. This book investigates the appropriate relationship between regionalism and multilateralism, with a special reference to recent FTAs in Asia. It is undeniable that past trade multilateralism-regionalism debates centered on the trade-in-goods aspect. However, the majority of recent FTAs in Asia cover issues beyond trade-in-goods and tariff liberalization, such as trade facilitation, services, and economic cooperation. While the General Agreement on Tariffs and Trade (GATT) Article XXIV governs regional integration initiatives in trade in goods, there is no (or at most a thin) World Trade Organization (WTO) Agreement that stipulates the relationship between regionalism and multilateralism in issue areas other than goods. Thus, this study carefully considers the meaning of "WTO-compatible FTAs" by distinguishing "WTO consistency" and "WTO friendliness", going beyond GATT Article XXIV debates and proposes a general framework for examining the openness of regionalism in various issue areas by identifying tree-type questions to distinguish several types of exclusiveness. It then specifically asks the following questions: Can Asian FTAs that cover several issues be considered multilateralism-friendly? How does the relationship between regionalism and multilateralism differ between trade-in-goods and non-goods issue areas? What are policies that might reduce the exclusiveness of regional initiatives? The study concludes by listing counterintuitive policy suggestions to make FTAs truly WTO compatible. The book also includes a comprehensive list of FTAs in Asia and several WTO Agreements relating to trade regionalism. Book jacket.

Contents:

Chapter 1 Introduction: Conceptualizing the WTO Compatibility of FTAs 1

1.1 WTO Compatibility, WTO Consistency and WTO Friendliness 1

1.2 Overarching Research Question of the Study 6

Chapter 2 Analytical Framework for WTO Friendliness of FTAs: How to Check If They Are Real "Friends" of WTO? 11

2.1 Introduction 11

2.2 First-generation Literature: Open Regionalism 12

2.3 Second-generation Literature 24

2.4 Analytical Framework for WTO Friendliness of FTAs 36

2.5 Summary 47

Chapter 3 Free Trade Agreements in Goods: Is Trade Bilateralism in Asia Consistent with WTO Rules and Norms? 51

3.1 Introduction 51

3.2 Difference in Multilateral Principles of Regionalism: GATT Article XXIV versus Enabling Clause 53

3.3 Analytical Framework for Assessing the Openness of Enabling Clause-based FTAs 67

3.4 Overview of FTAs around the World 72

3.5 Empirical Study of Enabling Clause-based FTAs in Asia 82

3.6 Policy Issues of Bilateral Enabling Clause-based FTAs 91

3.7 Summary 98

Appendix 3.1 GATT Article XXIV 100

Appendix 3.2 Understanding on the Interpretation of Article XXTV of the General Agreement on Tariffs and Trade 1994 104

Appendix 3.3 Differential and More Favorable Treatment Reciprocity and Fuller Participation of Developing Countries 109

Chapter 4 Regional Approaches to Trade Facilitation: Are Regional Trade Facilitation Measures Discriminatory against Non-members? 113

4.1 Introduction 113

4.2 Difference in Multilateral Principle of Regionalism: Trade Liberalization versus Trade Facilitation 119

4.3 Analytical Framework for Assessing the Openness of Regional Trade Facilitation 122

4.4 Overview on Trade Facilitation Measures under FTAs in the World 129

4.5 Discriminatory and Non-discriminatory Cases of Regional Trade Facilitation 132

4.6 Policy Suggestions: Minimizing Negative Externality of Regional Trade Facilitation 146

4.7 Summary 152

Chapter 5 Regional Services Agreements: What Is the Value of GATS-plus Regional Services Commitments? 155

5.1 Introduction 155

5.2 Differences in Multilateral Principles of Regionalism: Goods versus Services 158

5.3 Analytical Framework for Assessing the Openness of Regional Services Agreements 162

5.4 Overview on Regional Services Agreements 172

5.5 Case Study: Achievements of the ASEAN Framework Agreement on Services 176

5.6 Policy Issues: Regional Services Agreements as a Trigger for Services Reforms 188

5.7 Summary 196

Appendix 5.1 GATS Article V Economic Integration 198

Chapter 6 Economic Cooperation under FTAs: Do FTAs Impose WTO-Plus Technical Assistance Obligations on Members? 201

6.1 Introduction 201

6.2 Multilateral Governance on Developmental Issues 203

6.3 Analytical Framework for WTO-plus Elements of Technical Assistance under FTAs 204

6.4 Overview on Technical Assistance Provisions under WTO Agreements 209

6.5 Case Study: Technical Assistance under Japan-ASEAN EPAs 220

6.6 Policy Implications: The Developmental Perspective of Regionalism Debates 240

6.7 Summary 242

Appendix 6.1 Technical Assistance Provisions in WTO Agreements 244

Chapter 7 Conclusion: Counter-intuitive Policy Implications for WTO-Compatible FTAs 249

7.1 Summary of Important Empirical Findings 249

7.2 Counter-intuitive Policy Implications 252.

Notes:

Includes bibliographical references and index.

ISBN:

9789814460408

9814460400

OCLC:

859168705