To what extent can and should the regulatory purpose underlying a Essay

To what extent can and should the regulatory purpose underlying a challenged national measure be considered when analysing whether GATT Article III has been bre - Essay Example The most recent, the Uruguay Round, addressed issues such as tariffs, services, and the trade related aspects of intellectual property and investment measures. The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations was signed in April 1994. The Uruguay Round agreement was approved and implemented by the U.S. Congress in December 1994, and went into effect on January 1, 1995. The implementing legislation, known as the Uruguay Round Agreements Act, was passed in December, 1994. In any federal regime dedicated to maintaining open markets - whether it is the GATT/WTO regime to liberalize trade between WTO member states, or the European Community (EC) regime to create free trade between EC member states, or the United States regime to maintain an open market among its fifty U.S. states - experience teaches that domestic regulations enacted by member states sometimes have a negative impact on trade. In some cases the negative trade effects are unintended, but on other occasions it has been clear that member states are using domestic regulations to give local producers a competitive advantage. The WTO inherited a basic structure of policing rules from the 1947 GATT agreement. The core GATT provisions for this purpose are the two-step set of rules in Articles III and XX. Article III governs "internal" taxes and regulations - those taxes and regulations that apply to imports after the imports have cleared customs and entered domestic commerce. The general rule of Article III is that internal taxes and regulations must treat imports no less favourably than like domestic products - an anti-discrimination rule known in GATT parlance as the "national treatment" principle. If a domestic regulatory measure is found to discriminate against imports in violation of Article III, the regulating government can seek to justify that discrimination by proving that it is necessary to the achievement of some legitimate regulatory purpose. GATT Article III - National Treatment on Internal Taxation and Regulation Article III of the GATT is about the National Treatment on Internal Taxation and Regulation. The detailed description about the Article III is as follows: 1. The contracting parties recognize that internal taxes and other internal charges, and laws, regulations and requirements affecting the internal sale, offering for sale, purchase, transportation, distribution or use of products, and internal quantitative regulations requiring the mixture, processing or use of products in specified amounts or proportions, should not be applied to imported or domestic products so as to afford protection to domestic production2. 2. The products of the territory of any contracting party imported into the territory of any other contracting party shall not be subject, directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic products. Moreover, no contracting party shall otherwise apply internal taxes or other internal charges to imported or domestic products in a manner contrary to the principles set forth in paragraph 1.* 3. With respect to any existing internal tax which is inconsistent with the provisions of paragraph 2, but which is specifically authorized under

Source Evaluation Essay Example | Topics and Well Written Essays - 750 words

Source Evaluation - Essay Example This research paper will evaluate the 2005 publication of Environmental and Resource Economics to establish if it is a credible source for use in this paper. Authors Credentials Dr. Ida Ferrara is a PHD holder from York University. She is currently an associate professor and an undergraduate director in the department of economics, faculty of liberal arts and professional studies at York University. Ferrara is a credible and known writer who has done many publications on waste management and environment alone and with other writers. Ferrara has vast knowledge in diverse research areas including applied microeconomics, public economics, natural resource economics, environmental economics, and industrial economics. She has won many accolades on her research work and special merit on her work. This information about Ferrara makes her a credible writer. Dr. Paul Missios who worked with Ferrara in this publication is a PHD holder from York University. His teaching fields include environme ntal economics, engineering economics, and microeconomics. Dr Paul has research interests in environmental economics, natural resource economics, public economics, and international trade. ... The data used in this research was collected from households in communities across Ontario, which is within the states that cover my research. The research sought to establish a relationship between several commonly recycled materials and individual household characteristics, recycling programme attributes, and garbage collection financing methods. My research paper focuses on recycling and if it should be made mandatory for every household. The fact that this source focuses on the significant effects of mandatory recycling for almost all types of provisions, links it to my research paper. Sufficient Coverage This publication covers fully well on the topic of study. The sample collected on a few households in Ontario, Canada can give an overview of the situation in other states of USA. Data collected reveals a significant rise in recycling on introduction of user fees on garbage collection, which gives an insight on what need done to encourage household recycling (Ferrara and Missios 221) Reputable Publisher or Respected Periodical Environmental and resource economics is a peer reviewed journal published monthly in three volumes per year. This paper is a publication of European Association of Environmental and Resource Economists (EAERE) started in 1991. EAERE encourage and improve communication between teachers, researchers, and academic institutions on environmental and resource economics issues. It has over 1000 membership in over 60 countries in European and beyond. EAERE awards for outstanding publication in the journal environmental and resource economics. EAERE is a reputable publisher of a respected journal of environmental and resource economics. Publication Date The journal’s publication date is in the year 2005. My research