NAFTA,tourism, and environment in Mexico

The purpose of this paper is to determine how NAFTA influenced the Mexican tourism sector and its effects on the environment. The linkage between the tourism sector and NAFTA is done through the analysis of foreign direct investment and cross-border trade in services. The quantitative section of the paper focuses on analyzing commercial presence in the form of hotels and restaurants, as well as the use of services abroad. The paper concludes that NAFTA represented greater certainty to investors but was not the main driver behind the investments in tourism services. The analysis of visitors from US and Canada in Mexico recognizes that NAFTA did not have significant impact on the tourism flow. NAAEC, on the other hand, serves in this research as a qualitative connection between tourism sector and the environment for attending to citizen submissions on failures in environmental law enforcement in Mexico regarding tourism projects. It is included with an economic-environmental balance in Cancun—which shows that the greatest environmental impact is of global importance: CO₂ released into the air by air transportation, followed by the local impact of water consumption, waste generation, and electricity usage, in that order.     

A historical institutionalist view on merging LULUCF and REDD+ in a post-2020 climate agreement

In the context of the UNFCCC negotiation process on a global climate agreement, policy makers are looking for approaches on how to significantly raise the mitigation ambition of all relevant sectors, including the land use sector. Aside of the formal negotiations some Parties to the UNFCCC have started an informal dialogue and discuss how to merge the fragmented accounting rules for mitigation relevant land use activities, in particular those concerning forest-sector emissions. Stressing that ‘history matters’, we use a historical institutionalist perspective to assess the institutional pathways of the different accounting rules for developed and developing countries, their mutual relationship, and in how far they are supportive or counterproductive for this endeavour. Our empirical analysis shows that Parties tend to use any modification phase in the negotiation process to water down already achieved agreements, and that negotiating modalities after targets have been agreed is not conducive either. In the efforts of specifying the Paris agreement, merging existing rules into a common accounting framework is likely to further compromise the exisiting weak rules and modalities, and potentially what negotiators consider as ‘environmental integrity’. With this, a formal negotiation of common rules for the accounting of the land use sector may yield an outcome below what has been achieved since the negotiations on a post-2020 agreement started in 2005. We conclude that politically acceptable approaches for the land use sector that also contribute to the overall objective of raising ambition should avoid reopening already agreed decisions on rules and modalities.     

“入世”对我国价格和价格宏观调控的影响及其对策

加入WTO以后，我国的关税将大幅度降低，非关税贸易保护措施削弱，贸易自由化程度提高，国内市场的各类商品将进一步放开，国内外市场的商品将进行公开的、无扭曲的公平竞争，这就为我国的国内市场价格与国际市场价格的对接，为价格的宏观调控的改革提供了前所未有的机遇。“入世”后，国际市场价格对国内市场价格的冲击主要集中在国内的第三产业价格及收费和第一产业的农产品价格。面对“入世”的新情况，为了维护我国的产业安全，我们必须加大市场价格体系的改革力度，形成新的价格体系和价格管理制度。     

Biofuel,Energy Diversification,and NAFTA: A Proposition for the Future of the North American Biofuels Industry

This article demonstrates how the United States can use the free-trade legal structure to diversify the nation's energy portfolio by importing jatropha plants from southern Mexico for use as biofuel. The North American Free Trade Agreement has created a free trade zone among Canada, Mexico, and the United States, so jatropha imports from Mexico are not subject to tariff. This article contends that the United States and Mexico can change two of their legal devices, PROCAMPO and ethanol subsidies for U.S. farmers, to facilitate jatropha trade. Thus, the United States can diversify its energy market by using an abundant and easily accessible resource.     

Environmental implications of trade liberalization on North American transport services: the case of the trucking sector

The paper offers an assessment of the environmental impact of trade liberalization on the cross-border trucking sector in North America. Specific policies in the realm of transportation, environment and trade are investigated with data directly related to the time of implementation that varied across ports on each of the two international borders in North America subsequent to the North American Free Trade Agreement (NAFTA). The data on truck flows, wait times, air quality and trade value are analyzed using econometrics for quantitative analysis. Results show various policies do have a positive impact on reducing air emissions through changes in trucking characteristics (technology, patterns) in particular ports where they have been implemented.     

美国贸易政策制定的宪政体制论

美国贸易政策制定权力由《美国宪法》明确界定,所以开启贸易自由化的＂1934年体制＂本质上是一个宪政体制。该体制的形成是基于后危机时代重构政治平衡与摆脱经济危机的现实需要,而其变迁是围绕国会＂授权-控权或监督＂的宪政路径展开的,并由贸易保护主义力量与自由贸易主义力量之间的宪政博弈推动的。这种宪政博弈实质上是在特定历史条件下的一种贸易立法博弈,而具体表现为推动贸易自由化的＂四位一体＂制度架构。对正在积极推进贸易自由化的中国而言,这种源于宪政博弈的贸易制度创新实践可资借鉴之处主要在于两个方面,即后危机时代贸易自由化立法范式的创新和自由贸易与不公平贸易二分法的立法体例的引入。     

贸易自由化与环境政策协调发展论——兼评WTO贸易导向的协调模式

贸易自由化对社会经济福利的发展以及环境保护的重要性决定了两者协调的必要性。两者在终极目标和利益主体上存在着可协调性,协调贸易自由化与环境政策必须坚持共同的义务与责任原则、差别的义务与责任原则、适度贸易自由化的原则和环境政策的整体经济性原则。WTO贸易与环境政策的协调发展过度关注环境问题,以及协调机制的内在缺陷,阻碍了贸易体制的发展和完善,无益于以贸易方式解决环境问题,必须改革完善协调机制,实现WTO贸易与环境政策协调发展模式中"贸易导向"的自觉。     

Services Trade: Past Liberalization and Future Challenges

Services trade has truly become an engine of world growth. Overthe past two decades, international trade in services has grownfaster than world merchandize trade, which in turn has grownfaster than world output. A combination of policy liberalizationand technological progress has facilitated trade in many previouslyuntradable services. However, very little progress has beenmade towards new policy liberalization in the ongoing Doha DevelopmentRound. This article discusses trade in services in five sections.Following a short introduction, Section I presents data on thepast growth of services trade flows and makes rough projectionsof future expansion. The second and third sections summarizethe achievements of the WTO in the service field, both as anegotiating forum and a dispute settlement system. The thirdsection also emphasizes how FTAs are now playing the leadingrole in services liberalization. The fourth section critiquesthe absence of progress in the Doha Round and the fifth sectionexamines the hot issue of services outsourcing. The concludingsection offers policy recommendations for containing a possibleprotectionist backlash and promoting new liberalization.     

Developing Countries and the Implementation of CITES: The Mexican Experience

A key issue for the success of international conventions regulating biodiversity conservation is to understand the different philosophical positions of each party for initially acceding to that convention, and for the measures each party takes to implement that convention. This paper documents policies for wildlife trade regulation in Mexico from the early 1980s to the early 2000s, with emphasis on the process of CITES implementation. Mexico was slow to adopt environmental policies, but when Mexico did recognize wider environmental concerns, the prospect of acceding to CITES was not considered because of existing bans on all wildlife trade in native species. However, Mexico could not control the illegal trade of wild species during the 1980s. Mexico acceded to CITES in 1991 mainly in response to international pressure and to bilateral pressure while seeking to join a free trade agreement. The step of joining CITES was taken without clear analysis about the consequences of being a party to the Convention. Between 1992 and 1996, Mexico had no clear policy about its role within CITES. The period from 1997 to 2001 witnessed an improved legal and administrative structure and a greater internal coordination between the institutions involved with CITES. Mexico has now improved its policy toward international wildlife trade.     

区域贸易协定“竞争性自由化”辨析

在WTO多哈回合持续停滞的现状下,RTAs(区域贸易协定)"竞争性自由化"态势持续升温。但由于制度成本的存在、主导国家力量的局限以及各国利益的殊异,各个RTA之间的融合相当困难,从而"竞争性自由化"无法最终实现全球贸易自由化,而且还存在南北国家利益不对称的明显弊端。为避免国际贸易格局的过度破碎化,各国一方面应推动RTA原产地规则的功能性整合,并促进各个RTA之间以及WTO与RTAs之间的经贸政策对话,另一方面仍应努力推动WTO多边自由化进程,促进多边化与区域化协调发展。     

The Liberalization of the Telecommunications Sector: A Rent-Seeking Perspective

This paper assesses market liberalization in the telecommunications industry from a rent-seeking perspective. Our focus is on United States regulation, with corollary international developments that are spurring competition. The analysis which is general in approach, assesses pervasive government controls which have long shaped the nature of competition in the telecommunication sectors. We find that government has been a means for retarding competition and innovation in the telecommunications sector through the actions of rent-seeking agents. Rapid technological change, however, increasingly is rendering traditional government regulation obsolete. This change is spurring welfare-enhancing competition, regulatory reform, and privatization in the telecommunications sector.     

论WTO争端解决机制对WTO农业体制的影响

较之农业谈判的举步维艰,争端解决机制在对WTO现存规则的澄清和完善上取得一定的进展,从而成为发展中国家维护其在国际农产品市场上应有利益的有效手段。但值得注意的是,争端解决机制对农业体制的影响有限,更高层次的农业贸易自由化仍需要农业谈判的推动。     

论多边贸易体制中的环境保护问题及其发展趋势

在多边贸易体制中如何实现环境保护与贸易自由的协调发展 ,这是一个“国际贸易新问题” ,GATT规则及其争端解决实践对此问题基本上持回避、谨慎的态度。随着WTO的建立 ,多边贸易体制对环境保护问题的关注度则明显加强 ,特别是WTO上诉机构的争端解决实践 ,表明WTO的价值天平向环境保护倾斜的趋势似乎在逐步明显。多哈会谈及坎昆部长会议则再次显示多边贸易体制对环境问题的妥协。环境问题在多边贸易体制中的这种发展趋势将会对发展中国家的贸易安全提出严峻挑战。     

WTO框架下贸易与环境问题的新发展

如何实现环境保护与贸易自由的协调发展是多边贸易体制中的一个新问题,GATT规则及其争端解决实践对此问题基本上持回避、谨慎的态度。WTO成立后,WTO规则及其争端解决实践的价值天平呈现出向环境保护倾斜的趋势。多哈会谈及坎昆部长会议则再次显示多边贸易体制在向环境保护问题妥协。环境保护问题在多边贸易体制中的这种发展趋势将会对发展中国家的贸易安全提出严峻挑战。     

国际金融服务贸易的多边法律框架——WTO与金融服务贸易有关的协议评析

就国际金融服务贸易而言 ,WTO的重要性在于将金融服务贸易首次纳入多边贸易体制 ,并制定了一系列与金融服务有关的协议 :GATS、《金融服务附件》、《关于金融服务承诺的谅解》、《金融服务协议》 ,从而构建了国际金融服务贸易的多边法律框架。其主要内容包括 :国际金融服务贸易自由化的规则和纪律 ,影响国际金融服务贸易的国内法规的协调、承认和实施 ,国际金融服务贸易争议的解决。此框架是2 0世纪以来国际金融法领域最重要的制度创新 ,它是具有约束力的国际协议 ,以效率为其基本价值取向。     

农业税、“三提五统”的性质及其对农地物权运行影响之反思

农业税、＂三提五统＂的存在既影响了农民对农地物权属性的认识、土地承包经营制的推行以及土地承包经营权的建设,也导致了集体地权与农民地权之间的冲突,并间接导致农民个人地权之间的冲突。农业税、＂三提五统＂的废除使得农地物权的私法属性得以彻底显现,为农地物权的完善与良性运作创造了条件。     

The evolution of the environmental industry in the post-NAFTA era in Mexico

The market for environmental goods and services in Mexico almost doubled in size between 1995 and 2005, amounting to $4.7 billion in 2005. But just how large a role did the North American Free Trade Agreement (NAFTA) play directly in this cycle? According to environmental industry participants in Mexico, while not meaningless, the NAFTA law and its implementation were not a major factor in directly driving environmental market growth. First, the environmental market grew only marginally higher than the gross domestic product (GDP) during 1995–2005. Second, it was largely two factors that paced the environmental market growth: an increase in certain domestic environmental programs that largely separate from NAFTA and an influx of foreign manufacturers into Mexico, some of which brought a higher standard of environmental operations with them. Drivers of environmental markets are both economic and regulatory, and in both instances, they are multifaceted, so that no one policy instrument or economic trend is solely responsible for major trends within the environmental industry. However, it is apparent that NAFTA has had some role in accelerating the evolution of environmental markets in Mexico, but arguably a lesser influence than it could have been. Notably, NAFTA had little impact on stimulating growth on the domestic environmental industry in Mexico as trade deficits increased during 1995–2005. The lesson for policymakers may be that trade agreements need some more active entity in assuring not just some uniformity in environmental standards and in the compliance with same, but also in the environmental industry capacity to meet those compliance objectives.     

Analyzing trade opening in Ukraine: effects of a customs union with the EU

This paper analyzes the possible effects of a customs union between Ukraine and the European Union. The GTAP multi-country simulation model of Purdue University’s Center for Global Trade Analysis is applied. The welfare measure evaluated is the change in equivalent variation (EV). As all incomes in the model accrue to a representative household, EV fully assesses possible welfare benefits for Ukraine from bilateral tariff elimination on trade with the EU. As the model includes Ukraine in the aggregated “Former Soviet Union” region (FSU), EV is estimated for the FSU and then disaggregated on the industry level proportionally to trade shares. The results of our simulations suggest that Ukraine’s EV is particularly sensitive to the inclusion of the agricultural sector into a customs union. Due to the highly protected nature of this sector within the EU, Ukraine would be better off if agriculture were excluded from liberalization. If this scenario is assumed, Ukraine’s monetary gain would be in the order of $40 million.

Misappropriation of Institutions: Some Lessons from the Environmental Dimension of the NAFTA Investor-State Dispute Settlement Process

Trade regimes at all levels have confronted the dual challenge of rapidly expanding foreign direct investment, and the vigorous growth of international environmental regimes. Attempts to develop a global investment regime have encountered resistance, not least from environmental interests. At the same time, regional trade regimes have sought to address both the environmental and the investment agenda but in a very different manner. This article looks at problems encountered with the investor-state dispute settlement process established by the North American Free Trade Agreement (NAFTA). The institutional dimension of this process is largely drawn from the General Agreement on Tariffs and Trade (GATT), and existing international institutions for commercial arbitration. The article traces some of the difficulties encountered in attempting to use institutions designed for a specific purpose and implemented in one organizational context, to achieve a different purpose in another organizational context. It discusses the problems that arise when institutions appropriate for settling commercial disputes between private actors are used as the basis for balancing private interests and public goods, the environment in particular. It highlights the importance of a more developed understanding of the interplay between institutions and organizations at the international level so as to avoid undesired outcomes.     

美国农业合作社的形态法定化及其启示

在美国,农业合作社是农场主为了满足自身生存发展的需要,在借鉴欧洲合作社尤其是罗虚代尔公平先锋社先进经验的基础上,探索和创造出来的一种组织形态;这种组织形态最初并未体现于法律中。及至20世纪初期以后,在寻求农业合作社反垄断豁免及税收优惠的过程中,经由制定法和判例法的合力,农业合作社逐步实现了形态法定化,并在法律的助推下得以进一步勃兴。美国农业合作社形态法定化的实践给我们提供了如下启示:应重视并充分运用法律手段来提升农民合作经济组织的绩效;农民合作经济组织法律制度的确立应积极回应实践中的制度创新;我国农业反垄断豁免的主体界定可借鉴美国的成功经验。