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Free Trade Agreements and Natural Resources

In: Emerging Issues in Sustainable Development

Author

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  • Junji Nakagawa

    (University of Tokyo)

Abstract

This chapter focuses on the provisions of FTAs on natural resources. Natural resources have several unique economic characteristics, including their uneven geographical distribution, exhaustibility and market volatility, and these characteristics often motivate policy intervention in trade and investment in natural resources, such as export taxes, export restrictions and subsidies. As the rules of the WTO law are inadequate in disciplining some of these policy interventions, some FTAs try to fill the gap through trade- and/or investment related provisions focusing on natural resources. The chapter explores the compatibility of such provisions of FTAs on natural resources with the WTO law, and their implications in international trade and investment law. Rather than conducting a comprehensive survey, it takes up several FTAs in the Asia Pacific region that has specific chapters on energy and mineral resources. Finally, it analyzes provisions of the TPP (Trans-Pacific Partnership) on fisheries subsidies.

Suggested Citation

  • Junji Nakagawa, 2016. "Free Trade Agreements and Natural Resources," Economics, Law, and Institutions in Asia Pacific, in: Mitsuo Matsushita & Thomas J. Schoenbaum (ed.), Emerging Issues in Sustainable Development, chapter 0, pages 185-210, Springer.
    • Handle: RePEc:spr:eclchp:978-4-431-56426-3_8
    DOI: 10.1007/978-4-431-56426-3_8
    as

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