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Archive for the ‘Book Chapters’ Category

Paolo Davide Farah, “Introduction and Overview”, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 1-9.

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=629289

Introduction and Overview: China’s Influence on Non-Trade Concerns in International Economic Law

Paolo Davide Farah, Elena Cima (editors), China’s Influence on Non-Trade Concerns in International Economic Law, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp.1-9

Book Cover ONE PAGE

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

The motivating idea for this project is to explore the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules with a specific focus on how China can play a decisive role in these matters. If, on the one hand, this volume looks at the tensions between trade and non-trade values through the Chinese experience, on the other, it contextualizes this analysis within the broader framework of public international law.

Public international law appears highly fragmented, as different treaties and rules, which often express different values, increasingly overlap. Although the goal of multilateral trade agreements and that of the treaties and institutions promoting different values do not inherently conflict, the norms adopted to achieve them might come into conflict, and, in practice, tensions do exist. In particular, norms with distinct objectives – such as sustainable development, environmental protection, public health, product safety, food security, consumer protection, the right to food, and the right to water – might affect trade patterns, or, conversely, changes in trade flows influence and possibly jeopardize the realization of such norms. Tensions do exist not only between each state’s conflicting obligations, but among states as well, since their priorities differ considerably. With regard to NTCs, developing countries do not have the same approach as developed ones. Public opinion and policy-makers in industrialized nations fear that a further liberalization of international trade may undermine or jeopardize policies and measures protecting a variety of non-trade values and react by increasingly resorting to trade restrictions. On the other hand, developing countries and, even more so, the least-developed ones have more pressing concerns to address, and tend to look at many of the trade measures introduced by developed countries to address NTCs with distrust if not with resistance or dissent, because they suspect such measures often hide protectionist goals. Moreover, developing countries see these measures as an attempt by developed countries to impose their social, ethical, or cultural values and preferences. The key challenge is finding ways to satisfy the right of developed nations to grant social values the degree of protection they consider appropriate, while minimizing the negative effects in terms of market distortion for their trading partners.

Prior to China’s accession to the World Trade Organization (WTO), many cautioned that its integration would not only be long and difficult, but possibly damaging to the Organization itself as well as its Members. In view of preventing this outcome, some experts decided to tackle the challenge of integrating China in the world trading system by focusing on the country’s market access concessions, tariff reductions, and liberalization requirements. A second group of scholars placed more emphasis on transparency issues instead, such as legal and administrative policies that China should adopt to ensure equitable and efficient resolution of trade disputes. Per contra, the issue of the potential influence of China’s WTO accession on NTCs has rarely been addressed in a comprehensive manner. Interestingly, though, the country’s influence in this area is now becoming more and more evident in the geopolitical context, considering the impact that China has had not only at the WTO but in other international fora as well, often in combination with the BRICS countries (Brazil, Russia, India, China and South Africa) and other developing countries.

 

Keywords: Globalization, WTO, International Economic Law, Trade, Non-Trade Concerns, Good Governance, Human Rights, Right to Water and Food, Social and Economic Rights, Cultural Rights, Labour, Environment, Climate Change, Energy, Intellectual Property, Access to Knowledge, Health, Consumer, Sustainability

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Farah, Paolo Davide, Introduction and Overview: China’s Influence on Non-Trade Concerns in International Economic Law, in Paolo Davide Farah, Elena Cima (editors), China’s Influence on Non-Trade Concerns in International Economic Law, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp.1-9. Available at SSRN: https://ssrn.com/abstract=2883308

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Paolo Davide Farah, “The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress”, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 10 – 58.

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2887181

Book Cover ONE PAGE

The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress

in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp. 10–58

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

 

Abstract

The ongoing economic instability in several countries and regions throughout the world, along with the volatility of the market and job losses, has lead to an increase in protests that are currently reaching the highest possible levels of conflict against the so-called establishment. Additionally, the growing of political discourse and public opinion regarding the migration crisis and the global fight against terrorism are also providing momentum to some relevant segments of this variegated civil society movements which have continued to express dismay and anger towards human, social, and environmental consequences of the global expansion of world trade and of the monetary and commercial translation of all interpersonal transactions.

Majority votes favoring Brexit and other political turmoil happening around European countries, in the United States, and in different parts of the world are just some of the most critical examples on how the existing systems are failing. Specifically, global governance and law with borderless globalization are to blame for the inability to find appropriate solutions to face the challenges of a constantly changing society. Unfortunately, this inability creates a risk that leaves behind an increasing part of the population who are unable to benefit from such globalization.

The related fear of the people toward the risks of a world without barriers are very real and concrete. Additionally, the proposed solutions to face these problems are certainly influenced by the negative visions on globalization and liberalism, which neglect to take into account the positive effects of the free trade and liberalization of the markets. For example, more and more political leaders are trying to use this discontent among the society for obtaining an easy consensus, without truly having a real program to improve the life of the people. More importantly, without endorsing the intrinsic dangers, a strong shift back towards nationalism might come to fruition in the long-term as a result.

Democratic legitimacy and social justice based on human rights principles should be used as the regulatory framework to structure global expansion of economic welfare as well as WTO rules However, the difficulty and limit of this approach lies in the fact that it affirms both that human rights should guide the process of global legal integration and that the WTO should implement such process. Suggesting that WTO law guarantees respect for fundamental human rights implies a refusal to evaluate the practices of organizations such as the WTO itself and the IMF.

The following section of this chapter examines the particularities of China at a crossroads between the “Right to Development” and “NTCs,” given that China still seeks to grow its economy and expand industry to bring millions of more people out of poverty. Simultaneously, it plays an essential role (together with other BRICS countries) in creating a model to “develop” sustainably, with a view towards tackling climate change, avoiding the increasing environmental risks and damages, and balancing the attractions of foreign investments with labor rights, human rights, and public health.

The subsequent section titled “Non-Trade Concerns status in the WTO multilateral system” develops a non-exhaustive overview and explores the integration of NTCs in the WTO. In particular, the interplay between environment and trade25 is examined and the prospects for the new acceding Members, taking China as a case study and its accession to the WTO in 2001, the change in the attitude of the WTO DSB while ranking public health issues over trade, the relations between food security and international trade regulations, the difficult balance of the right to access essential medicines and the protection of their IPRs, the respect of other human rights in the multilateral trading system, and the relations between cultural products and public morals.

 

Keywords: Global Justice, Sustainable Development, International Economic Law, WTO, Environment, Sustainable Development, Climate Change, Energy, Natural Resources, Human Rights, Right to Water, Labour Rights, Social Rights, Economic Rights, Food Security, Public Health, Cultural Products, Cultural Rights

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Farah, Paolo Davide, The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp. 10–58. Available at SSRN: https://ssrn.com/abstract=2887181

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Paolo Davide Farah, “The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change” (with Imad Ibrahim, Thomas Deleuil), in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 146 – 157.

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2883755

Book Cover ONE PAGE

The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change

in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 146-157

Imad Antoine Ibrahim

gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Thomas Deleuil

Aix-Marseille University

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

“Preventing future calamity requires not only agreement but action. Governments and other responsible groups are usually accused of reacting to crises rather than foreseeing and preventing them. We have an opportunity here to show that experts, scientists, lawyers, and governments can foresee potentially catastrophic dangers, and prevent them from happening.” This abstract demonstrates the philosophy, issues and objectives of Multilateral Environmental Agreements (MEAs) adopted since the 1970s. Climate change has been described as “the most challenging environmental issue of our time,” and one cannot help but associate this abstract with the construction of, what is called today, the climate regime. Following the process launched at the Rio Conference, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted in May 1992 and a protocol to the Convention followed in 1997: the Kyoto Protocol.

Back in 1992, in “common but differentiated responsibilities” (CBDRs), “common” meant that there is a universal responsibility to act for the benefit of “present and future generations.” Thus, common responsibilities embody both the notions of “common concern” and “common heritage of humankind,” two notions “as old as international environmental law itself.” In other words, environmental issues such as climate change have too much of a universal impact for the response to be “solely a matter of domestic jurisdiction.”

The CBDR principle is only an expression of differential treatment. Other expressions of differentiation are used in the climate regime and could take precedence in the future. It is parties’ actual obligations that will matter to combat climate change. In order to do so, the climate regime must keep a balance between commitments and assistance. Indeed, although adaptation to climate change and assistance are truly important issues, one has to realize that the fight against climate degradation cannot be fought without commitments from stronger polluters to reduce their emissions. The notion of responsibility is central in CBDR but current contributions to climate change cannot be forgotten. COP22 which will be held in Marrakesh between the 7th and 18th of November 2016, will constitute a new opportunity for developed/developing countries to further debate and enhance the latter principle in the light of the commitments/assistance balance that must be maintained.

 

Keywords: CBDR, Sustainable Development, Climate Change, Kyoto, WTO, COP22, UNFCCC, GATT, GHGs, Cancun, Intended Nationally Determined Contributions (INDC), United Nations, China, United States, Durban, MEAs, Multilateral Environmental Agreements

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Ibrahim, Imad Antoine and Deleuil, Thomas and Farah, Paolo Davide, The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 146-157. Available at SSRN: https://ssrn.com/abstract=2883755

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Paolo Davide Farah, “Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade” (with Lukasz Gruszczynski, Tivadar Otvos), in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 436 – 448.

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2883780

Book Cover ONE PAGE

Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade

in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 436-448

48 Pages Posted: 16 Dec 2016 Last revised: 6 Mar 2017

Lukasz Gruszczynski

Polish Academy of Sciences – Institute of Legal Studies ; Trade Pacts

Tivadar Ötvös

gLAWcal – Global Law Initiatives for Sustainable Development

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

This chapter discusses the basic obligations for national product safety regulations imposed by the TBT Agreement, and gives a general picture of the rules on technical standards that are applicable in the relations between China and its trading partners. The first section defines the scope of the agreement, while the second analyzes its specific requirements relevant to domestic product safety regulations. The last section concludes with some general observations on the functioning of the agreement. Due to the space limitations, this chapter should be regarded more as an introduction than a comprehensive analysis of existing legal obligations.

From the previous reasoning, it is evident that this chapter defines product safety rules quite broadly. They include provisions that aim at eliminating particular health risks – for example, by prohibiting particular chemical substances in some or all products – as well as provisions aimed at limiting their extent – for example, by setting specific thresholds for nicotine in cigarettes or by requiring certain safety devices in cars. In the second instance, a regulator may accept, for other reasons, a certain level of risk connected with the use of a product. Product safety rules also include informational requirements imposed on sellers or producers, such as various labeling obligations requiring them to disclose the composition of a product, provide instructions on its safe use, or indicate specific risks related to such use.

 

Keywords: WTO, International Trade Law, TBT Agreement, China, Product Safety, Technical Standards, Health, Risks, Chemical Substances, Labeling

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Gruszczynski, Lukasz and Ötvös, Tivadar and Farah, Paolo Davide, Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 436-448. Available at SSRN: https://ssrn.com/abstract=2883780

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Paolo Davide Farah, Foreword to Margeret Stout & Jeannine M. Love, A Radically Democratic Response to Global Governance. Dystopian Utopias, Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London) ISBN 978-1-1386-5405-1, December 2016, pp. XIII-XV.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3003155

Margaret Stout & Jeannine Lover - Book Cover - JPEG

Foreword to Margeret Stout & Jeannine M. Love, A Radically Democratic Response to Global Governance. Dystopian Utopias

Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London) ISBN 978-1-1386-5405-1, December 2016, pp. XIII-XV.

21 Pages Posted: 20 Jul 2017

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

Nowadays, it is impossible to ignore the voices blaming the existing systems of governance within the borderless globalization system for being incapable of adequately responding to the problems and needs of the current age. The rage and discontent of a growing portion of the population who feel they have been left aside or who feel more insecure within prosperous Western societies, is demonstrated in the growing support of anti-system parties and candidates. Most recently – last but not least – the majority vote for “Brexit” in the referendum in the United Kingdom to leave the European Union, leaves us confronted with a burning question: What went wrong?

The necessity of finding an answer to this question has never been greater than today. The growing concerns regarding progressive climate change, rapid technological development, wars and conflicts affecting different parts of the world, terrorism, migration crisis, unstable and weak job market and the general insecurity of the populous cannot simply be criticized as collective paranoia against globalization. The rising inequality or insecurity even of the middle-class related therewith puts pressure on the existing social order and elites who often fail to keep a pace with these latest developments or to adequately respond to them in a time of crisis.

Keywords: Global Governance, Globalization, Democracy, Radical, Dystopian Utopias, Cooperation, Collaboration, Inequality, Development

Farah, Paolo Davide, Foreword to Margeret Stout & Jeannine M. Love, A Radically Democratic Response to Global Governance. Dystopian Utopias, Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London) ISBN 978-1-1386-5405-1, December 2016, pp. XIII-XV.. Available at SSRN: https://ssrn.com/abstract=3003155

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Paolo Davide Farah, Foreword to Pasi Heikkurinen, Sustainability and Peaceful Coexistence for the Anthropocene, Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-1386-3427-5, May 2017, pp. XIII-XVII.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3003114

Pasi Heikkurinen - Book Cover - JPEG

Sustainability and Peaceful Coexistence for the Anthropocene (Foreword)

Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-1386-3427-5, May 2017, pp. XIII-XVII.

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

The topic of ‘Anthopocene’ is part of a larger narrative, which is shedding light on the underpinnings of the problem: human beings and their value systems. The concept of ‘narrative’ is crucial in this regard. Narratives convey certain values, translate complex rational or irrational theories and policies into comprehensible forms, and contribute to their acceptance by public at large. The narrative of constant growth, never-ending economic and technological progress, and dominance of humans over nature is slowly confronted with its limitations. According to Vaclav Havel, it is a paradox: humans in the age of science and technology believe they are improving their lives by mastering the laws of nature and exploiting nature. However, it is the contrary: it is these natural laws that prevail over humans and will penalize them for wrongdoing. Humans wanted to conquer nature, and as a result they destroyed it. A change of the narrative is inevitably needed: Civilization needs to be based on a revived and recreated responsibility of the humankind, respecting the boundaries of the natural world. The narratives of science need to serve this cause as well, otherwise, even the bold visions of Elon Musk and other visionaries of colonizing Mars would only be escapes from the primary task of humans, which is taking over the responsibility for our lives and lives of future generations on the planet.

The Intergovernmental Panel on Climate Change (IPCC) has referred to climate change as ‘a change in the state of the climate that can be identified by changes in the mean and/or variability of its properties, and that persists for an extended period, typically decades or longer. It refers to any change in climate over time, whether due to natural variability or as a result of human activity.’ The wording is slightly different from the one used by the United Nations Framework Convention on Climate Change (UNFCCC), which refers to climate change as ‘a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods.’ What is important to note here is that IPCC is more cautious than UNFCCC in terms of blaming humans for climate change. This chapter briefly examines these theoretical aspects and its impact in the international negotiations.

 

Keywords: Sustainability, Climate Change, Environment, Earth, Nature, Human Beings, Anthropocene, Peaceful Coexistence, Geology, Neo-liberalism

Farah, Paolo Davide, Sustainability and Peaceful Coexistence for the Anthropocene (Foreword), Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-1386-3427-5, May 2017, pp. XIII-XVII.. Available at SSRN: https://ssrn.com/abstract=3003114

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Farah, P.D. (2012), Internazionalizzazione, dumping e aiuti di stato: la posizione dell’UE e le misure di difesa commerciale per le imprese (Internationalization, Dumping and State Aids: the EU Position and the Trade Defense Measures for the Enterprises), Rapporto Veneto Internazionale (Report Veneto International), Centri Studi e Ricerche Economiche e Sociali (Center for Economic and Social Studies and Research), Casa Editrice Vianello Libri, Venezia, 2012, pp. 207-222

To download the file of the chapter please click on the following link: Paolo Davide Farah Internazionalizzazione, dumping e aiuti di stato la posizione dell’UE e le misure di difesa commerciale per le imprese

Indice:

1. La disciplina comunitaria e le misure di difesa commerciale per le imprese

2. Le misure antidumping e la relativa procedura

3. Le misure antisovvenzione

4. Le misure di salvaguardia

5. Gli strumenti di difesa commerciale dell’Unione europea e le Piccole e Medie Imprese

Internazionalizzazione del mercato, dumping e aiuti di stato: la posizione dell’Ue e le misure di difesa commerciale per le imprese

di Paolo Davide Farah 

Sintesi

Nell’arena internazionale del mercato globale, gli imprenditori e le imprese dell’Unione europea sono chiamati a far fronte a numerose insidie concorrenziali, alcune delle quali provenienti da Paesi terzi. La continua e crescente internazionalizzazione del mercato fa emergere la necessità impellente per le imprese comunitarie di rispondere alle varie sfide concorrenziali in modo efficace e tempestivo, avvalendosi degli strumenti di difesa commerciale elaborati dall’ordinamento comunitario.

Gli Stati membri dell’Unione europea hanno infatti sviluppato una propria politica commerciale comune verso i Paesi terzi, finalizzata a favorire lo sviluppo del commercio mondiale, l’abolizione progressiva delle restrizioni agli scambi e la riduzione delle barriere tariffarie. La liberalizzazione degli scambi richiede tuttavia la chiara definizione di diritti ed obblighi in capo alla totalità dei partner commerciali e questo determina la necessità di disporre meccanismi giuridici che assicurino il rispetto delle norme di corretta concorrenza tra imprese che operano nell’arena internazionale.

Riferimenti bibliografici

Aggarwal A. (2004), “Macro Economic Determinants of Antidumping: A Comparative Analysis of Developed and Developing Countries”, World Development 32(6): 1043-1057.

Baldwin R., Evenett S. (2008), What World Leaders Must Do to Halt theSpread of Protectionism, Londres: VoxEU.org.

Cadot O., Melo J. de, Tumurchudur B. (2007), “AntiDumping Sunset Reviews: The Uneven Reach of WTO Disciplines”, Centre for Economic Policy Research, Discussion Paper No. DP6502. 

Czako J., Human J., Miranda J. (2003), An Handbook on Antidumping Investigations, Cambridge: Cambridge University Press.

Farah P. D. (2006), “Five Years of China’s WTO Membership. EU and US Perspectives about China’s Compliance with Transparency Commitments and the Transitional Review Mechanism”, Legal Issues of Economic Integration, Kluwer Law International, Volume 33, Number 3, pp. 263- 304. Accessibile online: https://paolofarah.files.wordpress.com/2011/03/ paolofarahliei263-304.pdf 

Farah P. D., Cima E. (2010), “China’s Participation in the World Trade Organization: Trade in Goods, Services, Intellectual Property Rights and Trasparency Issues”, in Aurelio Lopez-Tarruella Martinez (edited), El comercio con China. Oportunidades empresariales, incertidumbres jurídicas, Tirant lo blanch, Valencia (Spain), pp. 83-121. Accessibile online: https://paolofarah.files.wordpress.com/2011/03/el-comercio-conchina-di-p-d-farah-e-cima-versione-finale.pdf 

Farah P., Soprano R. (2009), “Dumping e Anti-dumping”, Il Sole 24 Ore, pp. XXIV-183. 

Gruenspecht H. K. (1988), “Dumping and Dynamic Competition”, in Journal of International Economics 25(3-4): 225- 248. 

Yano H. (2006), “Recent Trends and Developments in the Use of Safeguard Measures – with Brief Comparisons with other Trade Remedy Instruments”, in Matsushita M., Akn D., Chen T.-J. (ed.), The WTO Trade Remedy System: East Asian Perspectives, Londres: Cameron May: 159-170. 

Miranda J., Torres R. A., Ruiz M. (1998), “The International Use of Antidumping: 1987-1997”, in Journal of World Trade 32(5): 5-71. 

Prusa T. J. (2005), “Anti-dumping: A Growing Problem in International Trade” The World Economy 28, no. 5: 683-700. 

Prusa T. J. (2001), “On the Spread and Impact of Anti-Dumping”, Canadian Journal of Economics 34, no. 3: 591-611. 

Zanardi M. (2004), “Anti-Dumping Law As a Collusive Device”, in Canadian Journal of Economics/Revue canadienne d’économique.


* Senior Lecturer in Law (Professore Associato di diritto internazionale dell’economia) presso la Edge Hill University, Department of Law & Criminology (Regno Unito); Visiting Scholar, Harvard Law School, East Asian Legal Studies; Responsabile dell’Unità di ricerca presso l’Istituto Universitario di Studi Europei (IUSE) a Torino e Vice-coordinatore scientifico dell’intero progetto POREEN finanziato dalla Commissione europea e coordinato dall’Università di Macerata. Il presente lavoro e’ parte dei risultati del progetto POREEN. Per informazioni e commenti : paolofarah@yahoo.com

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