This study focuses on the mechanisms through which businesses collaborate with governments to identify trade barriers. The comparative analysis examines the formal and informal mechanisms employed by the United States, the European Union, China, and Taiwan. The research aims to shed light on the strengths and weaknesses of these mechanisms and provide recommendations for Taiwan based on the findings. The investigation begins by exploring the formal mechanisms in place in each jurisdiction. Formal mechanisms generally operate under clear legal foundations and procedures, offering a path that ensures procedural justice and predictability in investigating trade barriers. However, their establishment and operation require substantial resources, including manpower, finances, and time, which may burden administrative authorities. Conversely, the study also examines the informal mechanisms that rely on negotiation and cooperation between public and private sectors. These mechanisms emphasize communication and collaboration, allowing for flexibility in addressing various situations and providing faster and more convenient solutions. Nevertheless, the informal mechanisms may face challenges related to information asymmetry, inequality, and limited participation of affected parties. Based on the analysis, it is recommended that Taiwan considers adopting a platform similar to the European Union’s Market Access Database (MADB). This platform should facilitate convenient trade barrier investigation procedures, offer user-friendly formats such as drop-down menus and concise problem descriptions to expedite the process. These measures would enhance transparency, strengthen the legitimacy of trade policies, and foster social stability and trust between public and private sectors.
The fulltext files of this resource are currently embargoed.Embargo end: 2024-12-31
Huang ChiehChang NH
School of Law and Social Sciences
Year of publication: 2023Date of RADAR deposit: 2024-01-10