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MODALITIES OF SECURING POLICY AUTONOMY IN PREFERENTIAL TRADE AGREEMENTS

Authors
Park, TJ[Park, Tae Jung]Lee, KW[Lee, Kil Won]
Issue Date
Sep-2022
Publisher
NATL TAIWAN UNIV PRESS
Keywords
policy autonomy; regulatory power; carve out devices; modalities; exceptions; reservation lists; side letters; general exceptions; TBT; security exceptions
Citation
ASIAN JOURNAL OF WTO & INTERNATIONAL HEALTH LAW AND POLICY, v.17, no.2, pp.483 - 514
Indexed
SSCI
Journal Title
ASIAN JOURNAL OF WTO & INTERNATIONAL HEALTH LAW AND POLICY
Volume
17
Number
2
Start Page
483
End Page
514
URI
https://scholarx.skku.edu/handle/2021.sw.skku/101768
DOI
10.11247/sci.745
ISSN
1819-5164
Abstract
After the collapse of multilateralism, states began concluding Preferential Trade Agreements with a rapid clip. However, balancing the benefits of liberalization with policy autonomy1 became a challenging issue. A topic that has gained less attention thus far is how parties employ various carve-out devices to secure their policy autonomy while expanding their markets. This study is the first to introduce modalities of securing policy autonomy in preferential trade agreements. We used typology to analyze this phenomenon and examine the extent to which parties can secure policy autonomy in each modality. The article also explains the comparative advantages and disadvantages of each modality, and illustrates the complex and difficult nature of selecting modalities.
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