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Compromissos em serviços na Organização Mundial do Comércio: uma análise da estrutura da lista de compromissos e da metodologia utilizada para a inscrição de compromissos à luz do preâmbulo e do artigo XIX do GATS e suas principais consequências para o Brasil.; Services commitments in the world trade organization

Sayeg, Fernanda Manzano
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 19/05/2009 PT
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37.2%
A lista de compromissos é o instrumento jurídico que consolida os compromissos adotados pelos Membros da Organização Mundial do Comércio (OMC) na área de serviços. O modelo de lista de compromissos adotado pelo Acordo Geral para o Comércio de Serviços (GATS) permite que os Membros decidam quais setores ou subsetores de serviços e modos de prestação irão consolidar compromissos. Esses compromissos vinculam os Membros. Logo, as inscrições nas listas de compromissos devem ser claras e precisas, especialmente com relação ao que está e o que não está incluído no compromisso. Considerando que a estrutura da lista de compromissos e a metodologia utilizada pelos Membros para assunção de compromissos são extremamente complexas, é importante identificar quais são os principais problemas apresentados por elas, à luz das regras e objetivos da OMC, com vistas a buscar soluções ou sugerir alternativas para esses problemas. A análise desses problemas também deve levar em consideração os contenciosos envolvendo serviços e as conclusões a que chegou o Órgão de Solução de Controvérsias da OMC nesses casos. Deve-se verificar, também, se a estrutura da lista de compromissos e a metodologia para a inscrição de compromissos em serviços são compatíveis com o preâmbulo e com o Artigo XIX do GATS...

WTO-plus commitments on the elimination of export duties: evidence of a two-tier membership?

Geraets, Dylan
Fonte: Fundação Getúlio Vargas Publicador: Fundação Getúlio Vargas
Tipo: Trabalho em Andamento
EN_US
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This descriptive paper examines the prevalence of ‘WTO-plus’ commitments in accession protocols of newly acceded Members, with a focus on commitments on the elimination of export duties. It presents preliminary results of a mapping exercise carried out with respect to these commitments and seeks to answer two questions. First, can any general conclusions be drawn as to the prevalence of these commitments or are they, per definition, country-specific. Second, has the political nature of the WTO accession process allowed for the creation of a two-tier membership. The first question is answered by relying on data gathered as part of the ongoing PhD-research project conducted by the author. The project aims to construct a typology of WTO-plus commitments to allow for a more detailed analysis of the relationship between these commitments and the baseline obligations in the covered agreements. The accession of China to the WTO is commonly considered as the prime example of the inclusion of WTO-plus obligations in accession protocols. The paper tries to answer the question whether this particular accession was truly unique in nature, or whether the inclusion of “Plus” obligations is less exceptional than often assumed. Additionally...

Compreensão do sistema Last Planner de controle da produção segundo a Perspectiva da Linguagem-Ação

Viana, Daniela Dietz
Fonte: Universidade Federal do Rio Grande do Sul Publicador: Universidade Federal do Rio Grande do Sul
Tipo: Dissertação Formato: application/pdf
POR
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Desde o surgimento do sistema Last Planner de controle da produção (LPS), no início dos anos 90, vários estudos apontaram a necessidade de compreender a teoria fundamental na qual o sistema é baseado. A Perspectiva da Linguagem‐Ação (LAP) é sugerida na literatura como adequada para compreender o gerenciamento dos compromissos no LPS. Entretanto, os estudos que comparam estas abordagens discutem a relação em um âmbito teórico. Neste sentido, há uma falta de estudos empíricos que tenham investigado as vantagens de compreender um sistema de planejamento segundo a LAP. O objetivo deste trabalho é analisar os benefícios e limitações da utilização da Perspectiva da Linguagem‐ Ação para avaliar sistemas de planejamento e controle da produção, com ênfase nos níveis de médio e curto prazo. Foram realizados dois estudos de caso em empresas diferentes, ambas com um bom nível de maturidade na utilização do LPS, mas que apresentavam diferenças substanciais na forma de realizar o planejamento e controle da produção. Durante a condução dos estudos foram utilizadas entrevistas semiestruturadas com engenheiros, auxiliares e encarregados; observação direta ao canteiro de obras; análise de documentos; e participação nas reuniões de planejamento de médio e curto prazo como fontes de evidência. Em cada um dos casos foi realizado um mapeamento das redes de compromissos relativas ao planejamento...

Treating RAND Commitments Neutrally

Elhauge, Einer Richard
Fonte: Oxford University Press Publicador: Oxford University Press
Tipo: Artigo de Revista Científica
EN_US
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This Article argues that the same legal standards should apply to RAND commitments whether they are made to standard-setting organizations or not. The arguments for concluding that RAND commitments should limit injunctive patent relief or trigger antitrust liability turn on whether the commitment reasonably induces lock-in that generates hold-up effects or market power when that commitment is breached. But RAND commitments can induce such lock-in effects when they are made outside of standard-setting organizations and do not always induce them when they are made to standard-setting organizations. Thus, any special legal rules for RAND commitments should turn on whether the commitments induced such lock-in, rather than on the institutional context. The arguments against using special legal rules for RAND commitments turn on the extent to which lock-in might fail to generate holdup problems, denying patent injunctions might generate reverse-holdup problems, and contract or promissory estoppel remedies might obviate the need for antirust liability. But those arguments likewise apply equally inside and outside of standard-setting organizations. Thus, however one resolves the arguments for and against applying special legal rules to RAND commitments...

Russian Trade and Foreign Direct Investment Policy at the Crossroads

Tarr, David; Volchkova, Natalya
Fonte: Banco Mundial Publicador: Banco Mundial
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This paper summarizes the estimates of what Russia will get from World Trade Organization accession and why. A key finding is the estimate that Russia will gain about $53 billion per year in the medium term from World Trade Organization accession and $177 billion per year in the long term, due largely to its own commitments to reform its own business services sectors. The paper summarizes the principal reform commitments that Russia has undertaken as part of its World Trade Organization accession negotiations, and compares them with those of other countries that have acceded to the World Trade Organization. It finds that the Russian commitments represent a liberal offer to the members of the World Trade Organization for admission, but they are typical of other transition countries that have acceded to the World Trade Organization. The authors discuss the outstanding issues in the Russian World Trade Organizaiton accession negotiations, and explain why Russian accession will result in the elimination of the Jackson-Vanik Amendment against Russia. They discuss Russian policies to attract foreign direct investment...

Contemplating GATS Article XVIII on Additional Commitments

Bigos, J. Bradley
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Artigo de Revista Científica
EN
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The General Agreement on Trade in Services (GATS) Article XVIII on Additional Commitments is among the least understood articles of the GATS, and it has received the least attention among the articles regulating specific commitments. Nonetheless, the terse language of Article XVIII makes clear that it is inextricably linked with Articles XVI and XVII in the regulation of specific commitments on trade in services. This article undertakes to unravel the complexities of Article XVIII, and to illuminate the types of additional commitments Members have scheduled to date. To do so, it reviews documents from the negotiation history, relevant WTO jurisprudence and existing commentary on Article XVIII. It then suggests how Article XVIII might be interpreted under Articles 31 and 32 of the Vienna Convention on the Law of Treaties. Finally, it indicates five categories into which the additional commitments that have been scheduled to date may be organized.

Russian WTO Accession : What Has Been Accomplished, What Can Be Expected

Tarr, David
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
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This paper summarizes the principal reform commitments that Russia has undertaken as part of its World Trade Organization (WTO) accession negotiations, providing detailed assessments in banking, insurance, and agriculture. The paper assesses the gains to the Russian economy from these commitments, based on a summary of several modeling efforts undertaken by the author and his colleagues. The author compares Russian commitments with those of other countries that have recently acceded to the WTO to assess the claim that the demands on Russia are excessive due to political considerations. He explains why Russian WTO accession will result in the elimination of the Jackson-Vanik Amendment against Russia. Finally, he discusses the remaining issues in the negotiations and the time frame for Russian accession as of the fall of 2007.

Investment Commitments to Telecommunications Continued at Peak Levels in 2008

Izaguirre, Ada Karina; Jett, Alexander N.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
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Investment commitments to telecommunications projects with private participation in low- and middle-income countries amounted to US$78.1 billion in 2008, according to just-released data from the Private Participation in Infrastructure Project database. This level of investment commitments (hereafter, investment) represents an increase of around 1 percent from the previous peak reached in 2007. As before, investment was driven by projects implemented in previous years. Projects that reached financial closure in 1990-2007 attracted investment of US$74.7 billion, while new projects implemented in 2008 accounted for US$3.4 billion. Investment in physical assets (that is, network expansion) grew by 7 percent to US$71.6 billion, reaching a new peak for the fourth consecutive year. Payments to the government (such as spectrum or concession fees and divestiture revenues) fell by 37 percent to US$6.5 billion, the lowest level since 2004. The data do not allow the separation by semester of additional investment in existing projects to see whether such investment slowed in the second half of the year with the full onset of the financial crisis. But its slower growth in 2008 as a whole compared with the previous four years suggests a more cautious approach to capital expenditure.

Investment Commitments to Telecommunications Reached a New Peak in 2007

Izaguirre, Ada Karina; Perard, Edouard
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
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This note states that investment commitments to telecommunications projects with private participation in low- and middle-income countries amounted to US$75 billion in 2007, according to just-released data from the Private Participation in Infrastructure Project Database. That marked a new peak for the 1990-2007 periods. In 2007, 29 telecommunications projects with private participation reached financial or contractual closure in 28 low- and middle-income countries. Of these projects, 23 were greenfield merchant projects, involving investment of US$3.1 billion, and 6 were divestitures, with US$1.4 billion. Previously implemented greenfield projects accounted for another US$46.9 billion, and previously divested companies for US$23.6 billion. Four telecommunications projects were canceled or became distressed in 2007, bringing the total number to 42. These 42 contracts represent 5 percent of all telecommunications projects and 4 percent of investment commitments during 1990-2007. The report concludes, no telecommunications projects were concluded in 2007.

Explaining Liberalization Commitments in Financial Services Trade

Harms, Philipp; Mattoo, Aaditya; Schuknecht, Ludger
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
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The authors examine the determinants of market access commitments in international financial services trade in the General Agreement on Trade in Services (GATS). Based on a theoretical model, they investigate empirically the role of domestic political economy forces, international bargaining considerations, and the state of complementary policy. The empirical results confirm the relevance of the authors' model in explaining banking and (to a somewhat lesser degree) securities services liberalization commitments. The findings imply that those who seek greater access to developing country markets for financial services must do more to counter protectionism at home in areas of export interest for developing countries.

Impact of WTO Accession and the Customs Union on the Bound and Applied Tariff Rates of the Russian Federation

Shepotylo, Oleksandr; Tarr, David G.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
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After 18 years of negotiations, Russia has joined the World Trade Organization. This paper assesses how the tariff structure of the Russian Federation will change as a result of the phased implementation of its World Trade Organization commitments between 2012 and 2020 and how it has changed as a result of its agreement to participate in a Customs Union with Kazakhstan and Belarus. The analysis uses trade data at the ten digit level, which allows the first accurate assessment of the impact of these policy changes. It finds that World Trade Organization commitments will progressively and significantly lower the applied tariffs of the Russian Federation. After all commitments are implemented, tariffs will fall from 11.5 percent to 7.9 percent on an un-weighted average basis, or from 13.0 percent to 5.8 percent on a weighted average basis. The average "bound" tariff rate of Russia under its World Trade Organization commitments will be 8.6 percent, that is, 0.7 percentage points higher than the applied tariffs. Russia's commitments represent significant tariff liberalization...

Investment Commitments Remain at Peak Level in Europe and Central Asia While the Number of New Projects Declines

Izaguirre, Ada Karina; Fitzgerald, Rossa
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
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Private activity in infrastructure in Europe and Central Asia showed mixed results in 2008, according to just-released data from the Private Participation in Infrastructure Project database. Investment in new projects slowed sharply in the second half of the year with the full onset of the financial crisis. This slowdown led to a decline in the number of projects for the entire year. The region accounted for 30 percent of the year's total investment commitments in developing countries, the largest share among developing regions. In 2008, 36 infrastructure projects with private participation reached financial or contractual closure in 11 low- or middle-income countries in the region. These involve investment commitments (hereafter, investment) of US$20.3 billion. Infrastructure projects implemented in previous years had additional commitments of US$25.7 billion, bringing total investment in 2008 to US$45.9 billion. That represented an increase of 3 percent from the level reported in 2007 and a new peak for the region. Investment in projects implemented in previous years accounted for the increase...

Investment Commitments Remain Stable in Latin America While the Number of New Projects Declines

Izaguirre, Ada Karina; Jett, Alexander Nicholas
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
37.08%
Private activity in infrastructure in Latin America and the Caribbean showed mixed results in 2008, according to just-released data from the Private Participation in Infrastructure Project database. Investment in new projects slowed in the second half of the year with the full onset of the financial crisis. This slowdown led to a decline in the number of projects for the entire year. The region accounted for 26 percent of the year's total investment commitments in developing countries, the second largest share among developing regions. In 2008, 41 infrastructure projects with private participation reached financial or contractual closure in eight low- or middle-income countries in the region. These projects involve investment commitments (hereafter, investment) of US$14.6 billion. Infrastructure projects implemented in previous years had additional commitments of US$25.7 billion, bringing total investment in 2008 to US$40.3 billion. That represented an increase of 2 percent from the level reported in 2007. Investment in existing projects...

Investment Commitments and the Number of New Projects Decline in the Middle East and North Africa

Izaguirre, Ada Karina; Perard, Edouard
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
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37.15%
Private activity in infrastructure in the Middle East and North Africa declined sharply in 2008, according to just-released data from the Private Participation in Infrastructure Project database. Both investment commitments and the number of new projects declined, in both the first and second half of the year. Existing telecommunications operators accounted for most of the annual investment. The region's share of total investment commitments in developing countries in 2008 was less than 4 percent, down significantly from its 7.3 percent share in 2007. In 2008, 10 infrastructure projects with private participation reached financial or contractual closure in six low- or middle-income countries in the region. These involve investment commitments (hereafter, investment) of US$2.4 billion. Infrastructure projects implemented in previous years had additional commitments of US$3.6 billion, bringing total investment in 2008 to US$6 billion. This level represented a 49 percent drop from that in 2007 and was the lowest since 2003.

Investment Commitments Reach a New Peak in South Asia While the Number of New Projects Declines

Izaguirre, Ada Karina; Fitzgerald, Rossa
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
37.15%
Private activity in infrastructure in South Asia showed mixed results in 2008, according to just-released data from the private participation in infrastructure project database. Investment commitments to infrastructure projects with private participation reached a new peak thanks to additional investment in existing telecommunications operators and new energy and transport projects that reached financial or contractual closure in the first half of the year. But investment in new projects slowed in the second half of the year with the full onset of the financial crisis. This slowdown led to a decline in the number of projects for the entire year. The region accounted for 22 percent of the year's total investment commitments in developing countries. In 2008, 36 infrastructure projects with private participation reached financial or contractual closure in three South Asian countries (Bangladesh, India, and Pakistan). These projects involve investment commitments of US$17.9 billion. Infrastructure projects implemented in previous years had additional commitments of US$15.4 billion...

Investment Commitments Reach a New Peak in Sub-Saharan Africa While the Number of New Projects Declines

Izaguirre, Ada Karina; Perard, Edouard
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
37.15%
Private activity in infrastructure in Sub-Saharan Africa showed mixed results in 2008, according to just-released data from the private participation in infrastructure project database. While investment commitments to infrastructure projects with private participation reached a new peak, the number of projects reaching closure continued to decline. Existing telecommunications operators accounted for most regional investment as well as the growth in investment. The region accounted for almost 9 percent of the year's total investment commitments in developing countries. In 2008, 15 infrastructure projects with private participation reached financial or contractual closure in 10 low- or middle-income countries in the region. These involve investment commitments of US$2.7 billion. Infrastructure projects implemented in previous years had additional commitments of US$10.8 billion, bringing total investment in 2008 to US$13.5 billion. That total represented an increase of 10 percent from the level reported in 2007 and a new peak for the region. Investment in existing projects accounted for the increase...

Investment Commitments in Europe and Central Asia Doubled in 2007

Izaguirre, Ada Karina; Mirzagalyamova, Alfiya
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
37.08%
Investment commitments to infrastructure projects with private participation in Europe and Central Asia amounted to US$45.5 billion in 2007, reaching a new peak, according to just-released data from the private participation in infrastructure project database. Europe and Central Asia accounted for 29 percent of the year's total investment commitments in developing countries, a larger share than any other developing region. Investment commitments in the region were almost twice those in 2006, thanks both to new projects and to projects implemented in previous years. The 43 new projects accounted for US$21.3 billion, while projects reaching financial closure in 1990-2006 attracted US$24.2 billion. Investment in physical assets increased by almost 75 percent to US$32 billion, accounting for 70 percent of the year's investment in the region. Payments to the government (such as divestiture revenues and spectrum or concession fees) amounted to US$13.6 billion, the second highest level in the region in 1990-2007.

Investment Commitments in the Middle East and North Africa Reached a Peak Level in 2007

Izaguirre, Ada Karina; Perard, Edouard
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
37.08%
Investment commitments to infrastructure projects with private participation in the Middle East and North Africa grew by 7 percent to US$12.8 billion in 2007, the highest level since 1990, according to just-released data from the private participation in infrastructure project database. The region accounted for 8 percent of the year's total investment commitments to developing countries. Investment commitments in the region were driven mainly by projects implemented in previous years. Projects reaching financial closure in 1990-2006 attracted US$7.8 billion, while the 13 new projects implemented in 2007 accounted for US$5.1 billion. Investment in physical assets grew by 35 percent to US$8.3 billion, the highest level ever. Payments to governments (such as divestiture revenues and spectrum or concession fees) fell from the highest level reached (US$5.3 billion, in 2006) to US$4.6 billion, about 36 percent of annual investment.

Investment Commitments in Sub-Saharan Africa Stayed at a Peak Level in 2007

Izaguirre, Ada Karina; Perard, Edouard
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
37.08%
Investment commitments to infrastructure projects with private participation in Sub-Saharan Africa amounted to almost US$11 billion in 2007, the second highest level since 1990, according to just-released data from the private participation in infrastructure project database. The region accounted for 7 percent of the year's total investment commitments in developing countries. Investment commitments in 2007 were down 10 percent from the level in 2006, the highest in 1990-2007. The regional peak in that year, however, was driven in part by an unusually large project: the US$3.4 billion Gautrain light rail project in South Africa, which had government cash support of around US$3 billion. If that project were excluded, investment in 2007 would be the highest ever in the region. Investment in 2007 was driven mostly by projects implemented in previous years. Projects reaching financial closure in 1990-2006 attracted US$7.6 billion, while the 24 new projects implemented in 2007 accounted for US$3.3 billion. Investment in physical assets declined by 22 percent to US$8.5 billion...

Investment Commitments in Latin America and the Caribbean Increased in 2007

Izaguirre, Ada Karina; Jett, Alexander Nicholas
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
ENGLISH
Relevância na Pesquisa
37.08%
Investment commitments to infrastructure projects with private participation in Latin America and the Caribbean grew by 28 percent to US$38.3 billion in 2007, according to just-released data from the private participation in infrastructure project database. The region accounted for 24 percent of the year's total investment commitments in developing countries. Despite having grown for four consecutive years, investment commitments remained well below the region's peak levels reached in 1997-98. Investment in 2007 was just 44 percent of the peak in 1998. Previously implemented projects largely drove the 2007 investment. Projects reaching financial or contractual closure in 1990-2006 attracted US$22.3 billion, while the 46 new projects implemented in 2007 accounted for US$16 billion. Investment in physical assets amounted to US$32.5 billion. Indeed, if only investment in physical assets were counted-that is, excluding payments to the government (such as divestiture revenues and spectrum or concession fees) investment in 2007 would be just 22 percent below the peak level of 1998.