Bilateral and Regional Trade Agreements: Case Studies (v. 2)

263 Pages·2009·1.76 MB·English

by  Simon Lester

This page intentionally left blank
BILATERAL AND REGIONAL TRADE
AGREEMENTS
Thehistoryoftheworldtradingsystemandinternationaltradeagreementsis
characterised by shifts between bilateralism, regionalism and multilateralism.
Bilateralism has recently returned, having gained momentum following the
failedWTOnegotiationsatthe1999SeattleMinisterialConference.Theresult
isthattoday’sinternationaltraderulesarenowacomplexwebofinstruments
and agreements. This volume contains case studies of selected bilateral and
regional free trade agreements (FTAs), covering a wide range of countries,
regionsandkeyissuessuchasintellectualpropertyandagriculture.Authored
by leading scholars, practitioners and governmental officials, each case study
provides a comprehensive review of the negotiating history and result of the
selected agreement. Each study can serve as an in-depth examination of a
particular FTA, and the group of case studies can be used to compare and
contrast the coverage of different FTAs or to examine the FTAs signed by a
particular country.

BILATERAL AND REGIONAL
TRADE AGREEMENTS
CASE STUDIES
Edited by
SIMON LESTER and BRYAN MERCURIO
CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo
Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK
Published in the United States of America by Cambridge University Press, New York
www.cambridge.org
Information on this title: www.cambridge.org/9780521878289
© Cambridge University Press 2009
This publication is in copyright. Subject to statutory exception and to the
provision of relevant collective licensing agreements, no reproduction of any part
may take place without the written permission of Cambridge University Press.
First published in print format 2009
ISBN-13 978-0-511-48093-5 eBook (NetLibrary)
ISBN-13 978-0-521-87828-9 hardback
Cambridge University Press has no responsibility for the persistence or accuracy
of urls for external or third-party internet websites referred to in this publication,
and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
CONTENTS
List of Tables page vii
Notes on Contributors viii
Acknowledgements xii
Table of Abbreviations xiii
Table of Cases xvi
Table of Treaties and International Agreements xviii
1 Introduction 1
1 Australia–United States Free Trade Agreement 6
andrew d. mitchell and tania voon
2 Central American–Dominican Republic–United States
Free Trade Agreement 44
mauricio salas
3 Chile–China Free Trade Agreement 59
luz sosa
4 European Union–Mexico Economic Partnership, Political
Coordination and Cooperation Agreement 74
bradly j. condon
5 European Free Trade Association–Southern African Customs
Union Free Trade Agreement 97
peter draper and nkululeko khumalo
6 Japan–Mexico Economic Partnership Agreement 111
bryan mercurio
v
vi contents
7 United States–Morocco Free Trade Agreement 144
jason kearns
8 Association of Southeast Asian Nations–China Free Trade
Agreement 192
jiangyu wang
Index 226
TABLES
3.1 Table II.1 Trade between Chile and China, 1994–2003 60
4.1 Antecedents and chronology of negotiations 87
7.1 US goods trade with Morocco 147
7.2 Total apparel exports 189
vii
CONTRIBUTORS
BradlyJ.CondonisProfessorofInternationalTradeLawattheInstitutoTecnolo´gico
Auto´nomo de Mexico (ITAM) and is Senior Fellow, Tim Fischer Centre for Global
TradeandFinance,SchoolofLaw,BondUniversity,Australia.DrCondonisauthoror
co-authoroffivebooksandnumerousacademicarticlesoninternationaltradelawand
economic integration. In 2006–2007, he held the position of visiting professor at the
PermanentMissionofMexicototheWTOinGeneva.HeislistedinWho’sWhointhe
World.
Peter Draper is Research Fellow and Head of the ‘Development Through Trade’
programme at the South African Institute of International Affairs. His areas of
expertise are trade and investment policy and trade negotiations, with particular
reference to the World Trade Organization, the Southern African region and South
Africa’s bilateral ties with key trading partners.
He is a member of ‘Business Unity’, South Africa’s trade committee; lectures on
internationalbusinessparttimeatWitsBusinessSchool;andisaResearchAssociate
of the Department of Political Science at the University of Pretoria. He is a board
member and non-resident Senior Fellow of the Brussels-based European Centre for
International Political Economy; a member of the IMD-Lausanne’s Evian group
including its ‘Brains Trust’; and a board member-designate of the Botswana
Institute for Development Policy Analysis.
Jason Kearns currently serves as Trade Counsel to the Committee on Ways and
Means in the US House of Representatives. In that position, he advises Members of
Congress on legislation concerning international trade and on oversight issues
involving the Office of the US Trade Representative and other agencies involved in
international trade policy and regulation. Before beginning his current position in
October 2006, he served for three years in the Office of the General Counsel to the
USTradeRepresentative.Inthatpositionheadvisednegotiatorsonissuesthatarose
during bilateral and multilateral trade negotiations and represented the United
States in several disputes in the World Trade Organization. From 2000 to 2003,
Dr Kearns worked in the international trade group of Wilmer, Cutler & Pickering
(now known as WilmerHale). Dr Kearns holds a Master in Public Policy from the
Kennedy School of Government at Harvard University, a Juris Doctor from the
University of Pennsylvania, and a Bachelor of Arts from the University of Denver.
viii