Publication date: 09.07.2024
Legal regulation of international trade
Introduction.
International trade is an important aspect of economic development, contributing to the growth of the welfare of states, increasing the competitiveness of national economies and the integration of countries into the global economic system. The legal regulation of international trade is aimed at ensuring fair trade conditions, preventing discrimination and protecting the rights and interests of participants in trade relations. In this article, we will review the main principles, regulations and bodies that regulate international trade, as well as the mechanisms for resolving trade disputes.
Basic principles of legal regulation of international trade
The legal regulation of international trade is based on several basic principles that define the rules and norms of behavior of participants in trade relations:
Theprinciple of non-discrimination. This principle stipulates that countries should not apply discriminatory measures against goods, services or business entities of other countries. The main elements of this principle include most-favored-nation (MFN) treatment and national treatment.
Theprinciple of reciprocity. Reciprocity implies that countries should provide the same trade preferences and conditions to each other. This ensures fairness and equality in trade relations.
Theprinciple of transparency. Transparency means that countries should ensure that information about their trade policies, regulatory requirements and other aspects affecting international trade is open and accessible.
Theprinciple of trade facilitation. This principle involves creating favorable conditions for the development of international trade by removing trade barriers, simplifying customs procedures and harmonizing technical standards.
Theprinciple of protecting national interests. Countries have the right to take measures to protect their national interests, such as health, safety, environment and economic stability, provided that these measures do not violate international trade agreements.
Key international regulations
International trade is governed by numerous international agreements and regulations, including the following key ones:
General Agreement on Tariffs and Trade (GATT). This agreement, concluded in 1947, establishes the basic rules and principles of international trade in goods aimed at reducing tariff and non-tariff barriers and preventing discrimination in trade.
Agreement Establishing the World Trade Organization (WTO). Established in 1995, the WTO is the main international organization that regulates trade relations between member countries. It ensures the implementation of agreements concluded within the WTO and resolves trade disputes.
Agreement on Technical Barriers to Trade (TBT). This agreement regulates the use of technical regulations, standards and conformity assessment procedures, ensuring their harmonization and non-discriminatory nature.
Agreement on Sanitary and Phytosanitary Measures (SPS). The Agreement establishes rules for the use of sanitary and phytosanitary measures to protect human, animal and plant health, ensuring their scientific validity and transparency.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This agreement regulates the protection of intellectual property rights in international trade, setting minimum standards for the protection and enforcement of intellectual property rights.
Agreement on Subsidies and Countervailing Measures (SCM). The Agreement regulates the use of subsidies in international trade and establishes rules for the application of countervailing measures in case of subsidies that lead to negative consequences for other countries.
The role of the World Trade Organization (WTO)
The World Trade Organization (WTO) is the main international body that regulates trade relations between member countries. The main functions of the WTO include:
Enforcingagreements. The WTO ensures the implementation of multilateral trade agreements concluded within the organization and monitors compliance with obligations by member countries.
Aforum for negotiations. The WTO is a forum for multilateral trade negotiations aimed at further reducing trade barriers and improving trade rules.
Trade dispute settlement. The WTO provides a mechanism for resolving trade disputes between member countries, including consultation, mediation and arbitration procedures.
Monitoring and analysis. The WTO monitors and analyzes global trade trends, providing member countries with information and recommendations on the development of their trade policies.
Trade dispute settlement mechanisms
Trade dispute resolution is an important aspect of the legal regulation of international trade. The main mechanisms for resolving trade disputes include:
Consultations. The first step in dispute resolution is to hold consultations between the parties in order to reach a mutually acceptable solution. Consultations allow the parties to discuss the problem and find a compromise.
Mediation and conciliation. If the consultations do not lead to a resolution of the dispute, the parties may turn to mediation or conciliation with the participation of an independent mediator who will help find a mutually acceptable solution.
Arbitration. If mediation does not lead to a resolution of the dispute, the parties may apply to arbitration. The arbitration court issues a binding award based on the provisions of international trade agreements and rules.
Court proceedings. In some cases, the parties may apply to national or international courts to resolve a trade dispute. Court proceedings ensure legal protection and objectivity in resolving the dispute.
National legal regulation of international trade in Ukraine
The legal regulation of international trade in Ukraine is based on a number of laws and regulations governing foreign economic activity, customs regulation, investment and protection of intellectual property rights. The main regulations include:
TheLaw of Ukraine "On Foreign Economic Activity". This law establishes the legal framework for foreign economic activity, defines the principles of state regulation and control over foreign economic operations.
TheCustoms Code of Ukraine. The Code regulates the customs clearance, control and taxation of goods moving across the customs border of Ukraine, establishes customs procedures and rules for the payment of customs duties.
TheLaw of Ukraine "On Protection of Intellectual Property Rights". The Law regulates the protection of intellectual property rights, including copyrights, patents, trademarks and other intellectual property.
TheLaw of Ukraine "On Investment Activity". This law defines the legal, economic and organizational principles of investment activity, establishes mechanisms for state support of investments and protection of investors' rights.
Free trade agreements. Ukraine has entered into a number of free trade agreements with various countries and regions, including the Association Agreement with the European Union, which regulate trade relations and contribute to the reduction of tariff and non-tariff barriers.
Trade barriers and safeguards
In international trade, there are various types of trade barriers that can impede the free flow of goods and services. The main types of trade barriers include:
Tariff barriers. These are duties and other customs charges that are applied to imported goods in order to protect domestic producers and generate revenues for the state budget.
Non-tariff barriers. These are restrictions that apply to imported goods without the use of duties, including quotas, licensing, technical regulations, sanitary and phytosanitary measures, government subsidies, etc.
Anti-dumping measures. These are measures aimed at preventing dumping, i.e. the sale of goods for export at prices below their cost in order to gain a competitive advantage.
Countervailingmeasures. These are measures aimed at neutralizing the negative impact of subsidies provided by foreign governments that may lead to distortion of competition in international markets.
Conclusion.
Legal regulation of international trade is an important tool for ensuring fair and equal conditions for all participants in trade relations. It is based on the principles of non-discrimination, reciprocity, transparency, trade facilitation and protection of national interests. International trade is regulated by numerous international agreements and regulations, among which the GATT, WTO, TBT, SPS, TRIPS and SCM play a key role.
The World Trade Organization (WTO) is the main international body that regulates trade relations between member countries, ensures the implementation of agreements and resolves trade disputes. The national legal regulation of international trade in Ukraine is based on laws on foreign economic activity, customs regulation, protection of intellectual property rights and investment activity.
Effective legal regulation of international trade helps to reduce trade barriers, protect the rights and interests of participants in trade relations, increase the competitiveness of national economies and integrate countries into the global economic system.
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