Sunday, November 4, 2012

Domestic policy space, trade agreements and protectionism - A balance required?

The Tobacco Plain Packaging dispute has reached the doorstep of the WTO. An Australian legislation that mandates that both imported and locally made tobacco products must not have any kind of advertising on the package has been challenged as a violation of Australia's obligations under the WTO. I have blogged about the issue here, here, here and here.

Simon Lester in a recent piece in the Jurist has brilliantly discussed the issue in the context of protectionism, non-discrimination, domestic policy space and international trade. While curbing protectionism (treating imported goods less favorably than local goods) remains the main focus of international trade agreements, it is clear now that trade rules go much beyond it. It impacts not only discriminatory treatment but also whether a measure is an unreasonable restriction on international trade. This has a major impact on domestic policy space since the interpretation of what constitutes a "reasonable restriction" becomes debatable. It has the potential to lead to international trade agreements treading on sovereign decisions disturbing the delicate balance between international law and domestic sovereignty. This often leads to calls for rejecting multilateralism and pursuing unilateral policies in "national interest".
"Complaints about a purely domestic regulation in these international fora may seem odd, but they are a direct consequence of the expanding scope of trade agreements and provide a good illustration of the difficulties for domestic policy-making caused by this broad scope. The complaints highlight an important, but often overlooked, question regarding today's trade agreements: what is free trade? Traditionally, practicing free trade simply meant not being protectionist. However, today's trade agreements go beyond anti-protectionism in a number of ways, which leads to the potential conflict between trade agreements and domestic regulation that we see with the plain packaging cases."
The implementation and interpretation of international trade agreements will constantly face this challenge of balancing competing interests of national, domestic policy making with the imperatives of international trade. Often the line will be blurred and domestic policy choice will be challenged. To what extent this will be accepted by the WTO members is a crucial question. WIth the negotiations reaching a stalemate at Doha, the dispute settlement mechanism will face serious strain trying to balance these competing interests. Should the interpretation limit itself to non-discrimination and be more liberal in allowing domestic space in other cases? Will such an approach ease the tensions and promote international trade? Or should the Panels and Appellate Bodies take a proactive role in ensuring that free trade is not restricted in anyway - whether based on national treatment or otherwise. As Simon correctly points out it is a delicate balance to be treaded very carefully.
"Existing international trade rules are a balancing of competing concerns and interests, developed over the years through a complex negotiating process. Questioning particular aspects after the fact is not without its dangers. Trade liberalization over the past few decades has benefited the world greatly. At the same time, challenges to laws like the plain packaging one risk undermining support for the broader push for such liberalization. It may not be a coincidence that multilateral trade liberalization has stalled in recent years, just as the scope of these agreements has expanded. No matter what the resolution of the plain packaging cases in international courts, they may be a chance to examine just what the goal of trade agreements should be.  
Fighting protectionism is not without its own controversy, but a focus on protectionism, with rules narrowly tailored for that purpose, may avoid sensitive issues relating to health and other social policy regulation, and thus make further trade liberalization, with its accompanying benefits, possible."
Apart from the tobacco legislation, would the stand of Canada in the Canadian Seal dispute also fall under the category of exercise of legitimate domestic policy space? 









3 comments:

Anonymous said...

Hello! I've been reading your site for some time now and finally got the bravery to go ahead and give you a shout out from Humble Texas! Just wanted to say keep up the good work!
Here is my web page ... www.memehalls.com

Anonymous said...

If some one wishes to be updated with newest technologies after that he must be pay a visit this website and be up to date daily.
My homepage ; under the skin

Anonymous said...

Many people have played video games at some point. With each generation born, more are exposed to online gaming. The online game industry is more than likely going to keep growing over the next few years and you should stay up-to-date with new trends.

Look on the Internet for hints and suggestions when you are starting to play a game. When you can't get past a particular level, it can be greatly irritating, and result in a lack of desire to play it further. This will help you to get to the next level and enjoy the rest of the game.

When possible, download and try demos of games to determine if you actually like it. You can find out if you will even like the game play. Although, it is good to exercise caution when downloading demos. Be sure you only download from well-known websites to avoid computer issues.

Try brightening the screen on your gaming system. Dark games are eerie, but they're also hard to play. Colors tend to blend together in the dark, and you can have a hard time spotting your enemies. Increase the brightness if you do not mind sacrificing a little ambiance. Brightness will allow you to see clearly.

As you buy a game, make certain that you get warranty or insurance protection. You will feel secure in the knowledge that you can just replace it without hassle. A system is likely to run into problems eventually. Take precautions.

When playing side-scrolling 2D games, always check to the left to see if there are any hidden items or passageways. Don't overlook high ledges or walls that may have invisible entry points, either. Never feel silly when you check out strange areas of the game, you just might find something valuable.

Decide how old younger members of your household should be before being allowed to play games that are rated M for mature. A lot of different video gaming systems can be set so kids cannot play games meant for adults. Keep an eye on what you're kid is doing.

The Nintendo Wii xbox is a useful tool to help you get into shape. There are a large number of fitness games available for the Wii system.

Many modern online games give you two choices. First, you can earn in-game content and rewards gradually through investment of your time and work. Or, you can just flat out buy them with your real world money. Consider how much advantage these purchases will actually give you in game. Many cash purchases don't really do that much to help you win the game. Or, they might improve it a lot and save you tons of time.

It can be tempting to go all out buying expansion packs, add-ons and upgrades for your new game. This can get very pricey! Instead, be disciplined with your spending. Check out what you've got in the game you bought and only add on what you can afford.

Figure out how to operate the safety and parental controls of any gaming system that comes into your home. You can likely make adjustments that keep kids from viewing mature content. Some allow each gaming profile to be customized separately, allowing adults to enjoy games not meant for younger audiences.

You already understand how much fun you can have playing computer games. People from all over the world get great joy from online gaming. Now that you have had a chance to look through these recommendations, you probably feel that you understand a lot more about gaming. Good luck to you!