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946 results on '"Marceau, Gabrielle"'

10. Antidumping and antitrust issues in free trade areas : under what legal conditions should an extended applicaton of the provisions against abuse of a dominant position replace antidumping measures within the North American Free Trade Area? (or towards an international code on competition?)

Author

Marceau, Gabrielle Zoe

Subjects
382
Abstract

In this thesis the legitimacy of anti-dumping measures in free-trade areas is contested. Economists argue that, generally, antidumping actions restrict and distort competition. In political terms, antidumping measures are biased in favour of a privileged interest-group: the producers. Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8)(b) of the GATT. Anti-dumping laws should be phased out in favour of an extraterritorial application of national competition laws dealing with similar issues domestically. The traditional alternative for antidumping actions has always been the application of domestic legislation against predation and price discrimination. It is argued that this solution is inappropriate or at least incomplete. Many abuses, other than predation, can be exercised in transnational markets: transnational vertical restraints, tying, refusal to deal, restrictions on patents, trade marks and copyright which all may facilitate dumping (i.e. difference in price between two national markets). It is argued that anti-dumping actions could be phased out within NAFTA if a comprehensive legislation on competition were to be enforceable against any transnational restrictive business practice. NAFTA can also constitute a laboratory for needed discussion on an international code of conduct of firms and governments. In an international forum, what constitute market power and abusive conduct differ from what would otherwise be acceptable in the domestic market. Security and other national policies ought to be weighted against efficiency considerations. In that context, the European framework of analysis, where variables additional to efficiency are balanced in competition assessment, provides a good model for such an international code of competition. Enforcement of the National Treatment obligation of the GATT and Public Interest clauses in antidumping laws are the best way to reconcile trade and competition considerations.

Published
1993

11. Review of Dr Hassan Fartousi, A Portrait of Trade in Cultural Goods

Author

Marceau, Gabrielle and Marceau, Gabrielle

Abstract

This is a book review of: Dr Hassan Fartousi, A Portrait of Trade in Cultural Goods in Respect of the WTO and the UNESCO Instruments in the Contexts of Hard-Law and Soft-Law, Theses Series No. 40, Geneva: Globethics Publications, 2023. 493p. Online ISBN: 978-2-88931-529-1

Published
2023

20. Silence in WTO

Author

Marceau, Gabrielle, primary, Walker, Rebecca, primary, and Koumadoraki, Niki, primary

Published
2022
Full Text
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29. The WTO in the emerging energy governance debate.

Author

Marceau, Gabrielle

Abstract

Demand for energy is growing as the world population and economic prosperity, in particular in developing countries, increases. More than with any other product, energy products and natural resources are [...]

Published
2012

30. The Evolution of Labour Provisions in Regional Trade Agreements

Author

Oeschger, Andreas, Walker, Rebecca, and Marceau, Gabrielle

Abstract

This article maps the evolution of the language of labour provisions in regional trade agreements (RTAs) since 1990. It unpacks how RTAs have become a platform to voice labour concerns and facilitate compliance with international labour commitments, signalling a significant turn from the strict divide between multilateral trade negotiations and labour policies as decided at the Singapore Ministerial Conference of the World Trade Organization (WTO) in 1996. The language of RTA’s preambular clauses, provisions governing domestic labour policies and internationally recognized labour rights and standards as well as labour-related trade exceptions form the basis of the analysis. The design of compliance mechanisms for, and implementation of, labour provisions is further analysed, whether they facilitate cooperation or establish dispute resolution procedures. The labour provisions in 512 agreements and forty-two amendments or protocols that entered into force between 1990 and 2022, based on a list of the Design of Trade Agreements (DESTA) database, were studied. Labour provisions vary in degrees of ambition: while RTAs with at least one European, North American, or South American trading partner increasingly include binding labour commitments and dispute resolution procedures, RTAs between African and Asia-Pacific trading partners are still cautious in developing linkages between market access and labour commitments.

Published
2023

31. Article: The Evolution of Labour Provisions in Regional Trade Agreements [pre-publication]

Author

Oeschger, Andreas, Walker, Rebecca, and Marceau, Gabrielle

Abstract

This article maps the evolution of the language of labour provisions in regional trade agreements (RTAs) since 1990. It unpacks how RTAs have become a platform to voice labour concerns and facilitate compliance with international labour commitments, signalling a significant turn from the strict divide between multilateral trade negotiations and labour policies as decided at the Singapore Ministerial Conference of the World Trade Organization (WTO) in 1996. The language of RTA’s preambular clauses, provisions governing domestic labour policies and internationally recognized labour rights and standards as well as labour-related trade exceptions form the basis of the analysis. The design of compliance mechanisms for, and implementation of, labour provisions is further analysed, whether they facilitate cooperation or establish dispute resolution procedures. The labour provisions in 512 agreements and forty-two amendments or protocols that entered into force between 1990 and 2022, based on a list of the Design of Trade Agreements (DESTA) database, were studied. Labour provisions vary in degrees of ambition: while RTAs with at least one European, North American, or South American trading partner increasingly include binding labour commitments and dispute resolution procedures, RTAs between African and Asia-Pacific trading partners are still cautious in developing linkages between market access and labour commitments.

Published
2023

32. Multilateralizing regionalism and the future architecture of international trade law as a system of law.

Author

Fabbricotti, Alberta, Pauwelyn, Joost, Marceau, Gabrielle, Porges, Amelia, and Suominen, Kati

Subjects
World Trade Organization -- Negotiation, mediation and arbitration, Regionalism -- Laws, regulations and rules, International trade -- Laws, regulations and rules, International trade regulation -- Evaluation, International economic integration -- Laws, regulations and rules, Government regulation
Abstract

This panel was convened at 1:00 p.m., Thursday, March 26, by its moderator, Amelia Porges of the Law Offices of Amelia Porges PLLC, who introduced the panelists: Alberta Fabbricotti of [...]

Published
2009

33. COVID-19 and international trade: The role of the WTO in fighting the pandemic and building back better

Author

Marceau, Gabrielle Zoe and Parwani, Pramiti

Subjects
Global Trade, Vaccines, ddc:341, Development, Covid-19, International Trade Law, WTO
Abstract

The COVID-19 pandemic has presented one of the most significant global challenges in recent times. Movement restrictions to contain the spread of the virus led to supply-chain disruptions and shortage of essential products and services in many parts of the world. Many countries responded with trade restrictive measures to safeguard supply of essential goods for their population. However, this was also accompanied with a growing realization that global challenges require global solutions. The WTO provided a forum for international cooperation, allowing Members to coordinate their trade policies, and discuss further steps needed to fight against the pandemic. Now, with several vaccine candidates having been approved for use, the most pressing challenge is to ensure equitable and speedy access to vaccines. The WTO has an important role in this, from ensuring that trade actions are not used to pose a barrier to affordable and good-quality vaccines, to increasing vaccine production capacities in developing countries, and strengthening vaccine supply chains for quick delivery even in remote locations.

Published
2021

34. THE (NEW) ROLE OF THE WTO IN VACCINE DISTRIBUTION AND EQUITY.

Author

Marceau, Gabrielle Z. and Wambua, Mishael M.

Subjects
*COVID-19 pandemic, *COVID-19 vaccines, *NONGOVERNMENTAL organizations, *EMERGENCY management
Abstract

COVID-19, as a global pandemic, elicited a global response. States, inter-governmental organisations (IGOs), nongovernmental organisations (NGOs), and multinational corporations alike formed new partnerships or leveraged existing partnerships with a view to effectively, efficiently, and economically comprehend, respond to, and (hopefully) eradicate the COVID-19 pandemic. Central to these partnerships was the recognition of the role of trade in keeping markets open and supplies moving. Without the delivery of food, medicines, masks, and vaccines through commerce, the response to the pandemic would not have been as rapid as it was. Thus, the multilateral trading system, embodied by the World Trade Organisation (WTO), proved more important than ever during the pandemic. Basic WTO principles--transparency, non-discrimination, the prohibition against border restrictions, and particularly the WTO monitoring system, which enhanced its responses to new and extraordinary needs of WTO Members--helped governments coordinate their actions to contain the pandemic and mitigate trade and global supply chain disruptions on essential goods. Yet, despite all this, inequity and inequality coloured states' responses to the pandemic. Specifically, vaccine inequity and inequality riddled vaccine distribution thus limiting the access of developing and least-developed countries to much needed jabs. This article considers the (new) role of the WTO, in part through cooperation with other stakeholders, in working at improving vaccine distribution/equity in response to the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]

Published
2022

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