Conference Paper


Public-private collaboration in trade barrier investigations = 貿易障礙調查程序之研究 —以美歐中臺之調查程序為例

Abstract

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

Authors

Huang Chieh
Chang NH

Oxford Brookes departments

School of Law and Social Sciences

Dates

Year of publication: 2023
Date of RADAR deposit: 2024-01-10


Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License


Related resources

This RADAR resource is Part of [The 23rd Conference on the Development of International Economic and Trade Laws. Proceedings ] [ISBN: 9786267147382] / edited by Connie K.W. Yang (National Chengchi University Research Centre for International Organisation and Trade Law , 2023).

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