A Pragmatic Approach to Carbon Border Measures

This article offers the justification for a type of carbon customs union in which countries with a diverse range of high-ambition domestic climate measures would adopt a common external tariff on carbon intensive imports from countries outside the union. We explain why any pragmatic approach to carbon border measures (CBMs) is likely to create problems under prevailing interpretations of the World Trade Organization's (WTO) primary rules. Given the urgency of the climate crisis and the fact that the legality of a CBM – no matter how designed – will be a question of first impression for any WTO dispute panel, WTO consistency should take a backseat to considerations of domestic legal and political feasibility in designing a CBM. Instead of trying to fit a CBM into current understandings of WTO rules, WTO members should renegotiate WTO rules to permit a range of aggressive, but likely trade-restrictive, decarbonization measures. Having said that, we also recognize that WTO negotiations may take longer than optimal from a decarbonization standpoint. We therefore suggest an approach that would allow WTO members to take advantage of flexibilities that existing WTO rules afford.

Unmaking of a Customs Union: Regional (Dis)integration in the East African Community

The Common External Tariff (CET) of the East African Community (EAC) customs union has long been considered the cornerstone of the most successful example of regional integration in Sub-Saharan Africa. In this paper, we assess the implementation of the EAC-CET using a novel dataset of country- and firm-level deviations from the common tariff regime constructed by digitizing information in gazettes published by the Secretariat of the EAC between 2009 and 2019. Employing these data, we present five patterns on EAC tariff policy: (i) increased usage of country-level deviations from the common tariff regime render the EAC-CET less and less ‘common’; (ii) Kenya, Tanzania, and Uganda predominantly use unilateral deviations to increase external protection while Rwanda mostly decreases tariffs; (iii) Kenya, Tanzania, and Uganda increase tariffs for the same classes of products, but target different industries; (iv) unilateral tariff reductions at the country level are mostly used to facilitate access to inputs; (v) data on firm-level exemptions suggest that private sector development in the EAC would benefit from lower tariffs on intermediate inputs. Our findings demonstrate an incipient but clear trend in the EAC away from a communal tariff regime and towards national and more protectionist trade policies.

Trade policy options for export diversification: The case of Mali, Chad, Niger, and Guinea

The landlocked and fragile countries’ ability to create a sustainable path to economic growth and poverty reduction is inextricably linked to their export diversification potential, itself related to their connectivity within themselves, in the region, and other external markets. Mali, Chad, and Niger are first challenged by their geography—their landlocked nature with their vast and thinly populated space serves to isolate the most vulnerable communities from external and internal markets. Adding to these geographic disadvantages non-landlocked is incentive environment—defined by high and variable customs common external tariff regimes resulting from multiple overlapping regional trade arrangements—places a wedge between domestic and international prices, provides a disincentive to exports in favor of non-tradable and domestic-oriented sectors. By bringing greater coherence and convergence between the many common external tariff regimes in operation and the rationalization of their structures, and improving connectivity within and between markets, Mali, Chad, Niger, and Guinea can better promote the reallocation of resources toward tradable goods and services, putting the countries on a path toward greater economic inclusion and sustainable growth.

Effects of the Common External Tariff on intra-regional trade: The case of the West African Economic and Monetary Union and the Economic Community of West African States.

In West Africa, two common external tariffs coexist at the sub-regional and regional level with eight countries out of fifteen sharing their membership of the two entities. This paper analyzes intra-West African Economic and Monetary Union trade flows with the implementation of the Economic Community of West African States common external tariffs. The study makes use of a methodology which is based on an augmented gravity model. Overall, the findings from the three estimated models converge in the same direction, with several significant coefficients simultaneously and of the same sign. The findings provide overall satisfaction in the estimation of the gravity model. The lack of diversification of the economies of the two zones is one of the explanatory factors for the relative weakness of intra-regional trade. The issue of the structural transformation of the economies of the member countries therefore arises, more than ever acutely, which would contribute to the intensification of trade to make intra-regional trade one of the levers of economic growth and development in the two customs unions.

The Effect of the Original Jurisdiction of the Caribbean Court of Justice on Regional Integration and National Law

The Caribbean Court of Justice (CCJ) serves as both a final appellate court and, under its original jurisdiction, as a treaty-interpreting court. Under this latter jurisdiction the CCJ has developed and enhanced the effectiveness of Caribbean Community law. It has introduced a number of legal doctrines, several of which parallel doctrines of European Union law. In doing so the Court has challenged fundamental national legal norms and traditions, including the dualist view of the relationship between international law and municipal law, the principles of constitutional supremacy and separation of powers, the role of legitimate expectations, and potential for indirect effect. This chapter introduces the CCJ’s original jurisdiction jurisprudence and places it in its legal and historical context. It identifies the different bases under which the CCJ can take jurisdiction, and critically discusses some of its foundational decisions in two areas, namely, free movement of persons and the rules related to the Common External Tariff. The chapter compares the jurisprudence of the CCJ to that of the European Court of Justice in order to assess the former’s potential effect upon Caribbean constitutional norms. The chapter concludes by suggesting that the CCJ has laid the foundations for significant legal developments which may reshape our understandings of the relationship between the regional and national spheres and the scope of authority within each sphere.

The Common Commercial Policy

In 1958, the European Economic Community was formed as a customs union with a common external tariff. From then on, the Common Commercial Policy—also known as the European Union’s (EU) trade policy—served as the interface between the increasingly integrated common market and its external trade partners. Like the creation of the single market, contemporary trade policy has long transcended discussions about tariffs and quotas at the border and has focused increasingly on the impediments to trade caused by regulatory divergences. Whether they concern agricultural subsidies or cultural protections, rules on public procurement or food standards, insofar as a regulation discriminates against exporters, it can potentially be part of a trade negotiation. The evolving nature of trade policy has triggered a redefinition of both the scope of the EU’s exclusive competencies as well as the procedures to govern this policy domain. The central actor in EU trade policy is the European Commission, which is the designated negotiator for external trade agreements. Whereas member states always played a crucial role in overseeing such negotiations in the Council, the European Parliament has only taken up a position of power since 2009. Beyond securing market access abroad and protecting domestic sectors at home, post-material values have come to feature more prominently in the balancing act of contemporary trade discussions. This has galvanized a far wider range of societal actors to lobby the EU institutions in order to tilt the balance in their favor. Complicating matters even further, the EU conducts a large part of its foreign policy through the Common Commercial Policy. Contrary to most other instruments of the EU’s external action, trade policy is an exclusive competency of the EU. Fostering development, promoting stability, providing humanitarian aid, and the promotion and enforcement of human rights and sustainable development commitments are but a few of the many objectives pursued via trade policy. However, there are clear limitations to the fungibility of the EU’s large market power for foreign policy objectives. It should therefore be clear that the literature on the Common Commercial Policy is extremely diverse. Situated at the nexus of international political economy, regulatory governance, and foreign policy, it has become a well-studied policy domain through a great variety of theoretical and disciplinary lenses. The prominence of trade scholarship in EU studies is unlikely to change soon as developments at the international level, where the Western liberal order is under increasing pressure, but also domestically, where the contestation of several trade negotiations and the position of trade policy within the EU’s broader external action, are set to animate future debates.

FDI and Global Economic Integration: A Welfare Analysis

This paper investigates the welfare impact on all member countries when nonmember countries invest in a member of an economic region, in which capital is allowed to move freely. It is shown that the nonmember investment will affects the welfare of all members despite that some members do not receive such investment directly. In general, the results depend on the relative magnitude of the tariff revenue effect, the tax revenue effect and the capital returns effect. Specific conditions for welfare change in each member country as well as the criterion for a common external tariff which ensures welfare improvement in all the member countries are derived.

Regional Opportunities in East Africa

Significant progress has been made by the East African Community partner states in implementing the East African Community customs union. Trade within the East African Community is now free from import duties, and partner states have adopted a three-band common external tariff. This chapter assesses how the customs union has supported intra-regional trade, competitiveness, and industrialization, in particular through the development of smokestack-free industries. It concludes that regional integration has provided a supportive environment for the development of competitive smokestack-free industries and exports, but significant opportunities still exist within the region. Recommendations are provided on what policy measures should be taken to harness these opportunities.

The Deep Roots of Protectionism in the Southern Cone: Constituent Interests and Mercosur’s Common External Tariff

This article examines the influence of subnational economic interests on the formation of supranational trade policy in the Southern Common Market (Mercosur). Accounting for differences in the relative importance of member countries, the article argues that subnational economic interests influenced the structure of Mercosur’s common external tariff (CET). Although the CET was negotiated without direct input from voters or legislators, its structure reflects the interests of geographically specific economic interests in the member countries. The results of a regression analysis of tariffs toward nonmembers indicate that the economic composition of subnational political jurisdictions shaped the structure of the CET. These findings suggest that by overlooking subnational economic interests, much of the current literature on the evolution of Mercosur misses a critical aspect of the policymaking process.

Business Lobbying: Mapping Policy Networks in Brazil in Mercosur

In the creation of trade policy, business actors have the most influence in setting policy. This article identifies and explains variations in how economic interest groups use policy networks to affect trade policymaking. This article uses formal social network analysis (SNA) to explore the patterns of articulation or a policy network between the government and business at the national level within regional trade agreements. The empirical discussion herein focuses on Brazil and the setting of exceptions list to Mercosur’s common external tariff. It specifically concentrates on the relations between the Brazilian executive branch and ten economic subsectors. The article finds that the patterns of articulation of these policy networks matter and that sectors with stronger ties to key government decision-makers have a structural advantage in influencing trade policy and obtaining and/or maintaining their desired, privileged trade policies, compared with sectors that are connected to government actors with weak decision-making power, but might have numerous and diversified connections. Therefore, sectors that have a strong pluralist–clientelist policy structure with connections to government actors with decision-making power have greater potential for achieving their target policies compared with more corporatist policy networks.