The Law and Economics of Contingent Protection in the WTO

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848440146
Total Pages : 633 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis The Law and Economics of Contingent Protection in the WTO by : Petros C. Mavroidis

Download or read book The Law and Economics of Contingent Protection in the WTO written by Petros C. Mavroidis and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal

Clashing Over Commerce

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022639901X
Total Pages : 873 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Clashing Over Commerce by : Douglas A. Irwin

Download or read book Clashing Over Commerce written by Douglas A. Irwin and published by University of Chicago Press. This book was released on 2017-11-29 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Foreign Affairs Best Book of the Year: “Tells the history of American trade policy . . . [A] grand narrative [that] also debunks trade-policy myths.” —Economist Should the United States be open to commerce with other countries, or should it protect domestic industries from foreign competition? This question has been the source of bitter political conflict throughout American history. Such conflict was inevitable, James Madison argued in the Federalist Papers, because trade policy involves clashing economic interests. The struggle between the winners and losers from trade has always been fierce because dollars and jobs are at stake: depending on what policy is chosen, some industries, farmers, and workers will prosper, while others will suffer. Douglas A. Irwin’s Clashing over Commerce is the most authoritative and comprehensive history of US trade policy to date, offering a clear picture of the various economic and political forces that have shaped it. From the start, trade policy divided the nation—first when Thomas Jefferson declared an embargo on all foreign trade and then when South Carolina threatened to secede from the Union over excessive taxes on imports. The Civil War saw a shift toward protectionism, which then came under constant political attack. Then, controversy over the Smoot-Hawley tariff during the Great Depression led to a policy shift toward freer trade, involving trade agreements that eventually produced the World Trade Organization. Irwin makes sense of this turbulent history by showing how different economic interests tend to be grouped geographically, meaning that every proposed policy change found ready champions and opponents in Congress. Deeply researched and rich with insight and detail, Clashing over Commerce provides valuable and enduring insights into US trade policy past and present. “Combines scholarly analysis with a historian’s eye for trends and colorful details . . . readable and illuminating, for the trade expert and for all Americans wanting a deeper understanding of America’s evolving role in the global economy.” —National Review “Magisterial.” —Foreign Affairs

China's Growing Role in World Trade

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226239721
Total Pages : 603 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis China's Growing Role in World Trade by : Robert C. Feenstra

Download or read book China's Growing Role in World Trade written by Robert C. Feenstra and published by University of Chicago Press. This book was released on 2010-03-10 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: In less than three decades, China has grown from playing a negligible role in international trade to being one of the world's largest exporters, a substantial importer of raw materials, intermediate outputs, and other goods, and both a recipient and source of foreign investment. Not surprisingly, China's economic dynamism has generated considerable attention and concern in the United States and beyond. While some analysts have warned of the potential pitfalls of China's rise—the loss of jobs, for example—others have highlighted the benefits of new market and investment opportunities for US firms. Bringing together an expert group of contributors, China's Growing Role in World Trade undertakes an empirical investigation of the effects of China's new status. The essays collected here provide detailed analyses of the microstructure of trade, the macroeconomic implications, sector-level issues, and foreign direct investment. This volume's careful examination of micro data in light of established economic theories clarifies a number of misconceptions, disproves some conventional wisdom, and documents data patterns that enhance our understanding of China's trade and what it may mean to the rest of the world.

EU Anti-dumping and Other Trade Defence Instruments

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131175
Total Pages : 1396 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Anti-dumping and Other Trade Defence Instruments by : Ivo Van Bael

Download or read book EU Anti-dumping and Other Trade Defence Instruments written by Ivo Van Bael and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.

Business Guide to Trade Remedies in the United States

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Author :
Publisher : United Nations Publications
ISBN 13 : 9789291372539
Total Pages : 221 pages
Book Rating : 4.3/5 (725 download)

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Book Synopsis Business Guide to Trade Remedies in the United States by :

Download or read book Business Guide to Trade Remedies in the United States written by and published by United Nations Publications. This book was released on 2003 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is part of a series of guides containing information on trade remedy procedures (anti-dumping, countervailing and safeguards legislation and procedures) aimed at business managers, importers and exporters from developing countries and transition economies. It focuses on the United States, highlighting legal practice and the appropriate provisions of the relevant WTO Agreements, such as implementation of Article VI of the General Agreement on Tariffs and Trade 1994, WTO Agreement on Subsidies and Countervailing Measures, and WTO Agreement on Safeguards. Topics covered include: the origins of trade remedies; the procedural framework for US unfair trade remedies; trade remedy investigations and actions; intellectual property protection; verification; injury determinations; settlement of trade disputes; and the internet guide to US trade remedy law under Title VII and section 201.

Understanding the WTO

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Author :
Publisher : World Trade Organization
ISBN 13 : 9287034958
Total Pages : 116 pages
Book Rating : 4.2/5 (87 download)

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Book Synopsis Understanding the WTO by :

Download or read book Understanding the WTO written by and published by World Trade Organization. This book was released on 2008 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

WTO

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Author :
Publisher : BRILL
ISBN 13 : 9004145656
Total Pages : 1005 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis WTO by : Rüdiger Wolfrum

Download or read book WTO written by Rüdiger Wolfrum and published by BRILL. This book was released on 2008 with total page 1005 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.

Dumping and Antidumping Trade Protection

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Publisher :
ISBN 13 : 9781788114394
Total Pages : 0 pages
Book Rating : 4.1/5 (143 download)

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Book Synopsis Dumping and Antidumping Trade Protection by : Bruce A. Blonigen

Download or read book Dumping and Antidumping Trade Protection written by Bruce A. Blonigen and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antidumping trade protection is one of the most frequent and ubiquitous trade policies in the global economy. This volume brings together the key reference pieces in the antidumping literature that have critically defined and shaped what we know about this important and unique form of trade protection. An introductory chapter by the editors, both scholars in this area, critically analyzes the literature and discusses its future directions. This is an important reference volume not only for new and established scholars in international economics, but also policymakers and legal intellectuals.

Anti-dumping Laws and Practices of the New Users

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Author :
Publisher : Cameron May
ISBN 13 : 1905017251
Total Pages : 390 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis Anti-dumping Laws and Practices of the New Users by : Junji Nakagawa

Download or read book Anti-dumping Laws and Practices of the New Users written by Junji Nakagawa and published by Cameron May. This book was released on 2007 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: More and more members of the WTO are using anti-dumping (AD) measures as an effective tool for protecting domestic industries facing competition with foreign products. In contrast to the 'big four' (US, EC, Canada and Australia), which have been using AD measures frequently since the GATT era, many of the new users established their AD regimes and began to use them after the establishment of the WTO. Why are there more and more new users? How are they applying AD measures? Do they comply with the rules of the WTO Anti- Dumping Agreement? What are their specific characteristics in the handling of AD cases? What should exporters and practitioners do to prepare for AD investigations by the new users? Based on extensive analyses of primary materials and hearings from practitioners and AD authorities, this book provides detailed and updated information to answer these questions on the following new users: China, Chinese Taipei, Korea, Thailand, India, South Africa, Mexico, Argentina, and Brazil.

Dumping

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Publisher :
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Dumping by : Jacob Viner

Download or read book Dumping written by Jacob Viner and published by . This book was released on 1923 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Safeguards and Antidumping in Latin American Trade Liberalization

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Publisher : World Bank Publications
ISBN 13 : 0821363093
Total Pages : 312 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Safeguards and Antidumping in Latin American Trade Liberalization by : J. Michael Finger

Download or read book Safeguards and Antidumping in Latin American Trade Liberalization written by J. Michael Finger and published by World Bank Publications. This book was released on 2005-12-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until the 1990s, the main users of safeguards and antidumping laws were Australia, Canada, the European Union, and the United States. Since then, many countries have implemented such laws, leading to a proliferation in antidumping and safeguard activity across the world. This timely book documents the political economy surrounding the implementation of these laws in seven Latin American countries and provides details on the institutions created, implementation of the laws, and subsequent activity. It finds that, in the larger political context, antidumping and safeguards are a necessary quid pro quo to certain important sectors to obtain much more liberalized trade policies for the general economy.

The Challenge of Safeguards in the WTO

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110707178X
Total Pages : 419 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Challenge of Safeguards in the WTO by : Fernando Piérola

Download or read book The Challenge of Safeguards in the WTO written by Fernando Piérola and published by Cambridge University Press. This book was released on 2014-09-08 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.

Anti-Dumping Policies and Safegaurd Measures in the Context of Costa Rica's Economic Liberlization

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Author :
Publisher : World Bank Publications
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4./5 ( download)

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Book Synopsis Anti-Dumping Policies and Safegaurd Measures in the Context of Costa Rica's Economic Liberlization by :

Download or read book Anti-Dumping Policies and Safegaurd Measures in the Context of Costa Rica's Economic Liberlization written by and published by World Bank Publications. This book was released on with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134042
Total Pages : 666 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings by : Themistoklis K. Giannakopoulos

Download or read book Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings written by Themistoklis K. Giannakopoulos and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the rules safeguarding procedural due process in the administrative procedures of the Commission, this fully updated edition of a widely used handbook covers the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/antisubsidies, and State aid. Among the many practical issues raised are the following: the right of directly involved parties to bring an action before the European Courts in merger, anti-dumping/anti-subsidies, and State-aid cases; the rights of complainants in antitrust cases; the rights and obligations of beneficiaries in State-aid cases; the extent to which the right to confidential communication between lawyer and client in thesecases is recognised by the European Commission and the European Courts; the right to silence to avoid self-incrimination in antitrust cases; the right to respect for confidentiality and the right to be heard during the preliminary factfinding procedure of the Commission; the obligations of an undertaking during the fact-finding procedure of the Commission; the right of access to the Commission's file; the right to a fair hearing of all the parties concerned by the Commission proceedings; and the applicability of Article 6 of the European Convention of Human Rights (ECHR) to EU antitrust procedures. Three tables consolidate briefly and comparatively the rights and the obligations of the private parties in the four proceedings, as well as their right to bring an action before the European Courts. These tables give the reader the opportunity to easily check out what is the situation in the four proceedings regarding a specific right or obligation. The author's analysis draws on all the relevant judgments of the European Courts, and the book comes with a wealth of reference material, including detailed footnotes, lists of legislation and cases in both chronological and alphabetical order, and an extensive bibliography.

The Effects of U.S. Trade Protection and Promotion Policies

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226239535
Total Pages : 368 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis The Effects of U.S. Trade Protection and Promotion Policies by : Robert C. Feenstra

Download or read book The Effects of U.S. Trade Protection and Promotion Policies written by Robert C. Feenstra and published by University of Chicago Press. This book was released on 2008-04-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economists disagree on whether recent U.S. trade policies are harmful or helpful, but they all agree that there is a new trend toward focusing on results-oriented policies in specific markets and with particular trading partners. These twelve essays by leading international economists explore crucial issues in U.S. trade policy today. Topics examined include the markets for automobile and automobile parts in the United States and Japan, the U.S. response to "unfair" trading practices such as dumping, and the effects of industry- and country-specific policies. Examples include high-technology and agricultural industries and off-shore assembly in U.S. border cities. The volume concludes that some policies can act to both protect imports and promote exports, that the threat of protectionist policies can often have effects that are as pronounced as their implementation, and that regulatory policy has as great an impact on trade and investment patterns as does trade policy itself. It will be of crucial interest to international trade economists, policy specialists, and political scientists.

The WTO Anti-Dumping Agreement

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108530389
Total Pages : 921 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The WTO Anti-Dumping Agreement by : Philippe De Baere

Download or read book The WTO Anti-Dumping Agreement written by Philippe De Baere and published by Cambridge University Press. This book was released on 2021-09-02 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.

Anti-dumping Policies and Safeguard Measures in the Context of Costa Rica's Economic Liberalization

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Author :
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Anti-dumping Policies and Safeguard Measures in the Context of Costa Rica's Economic Liberalization by : Ricardo Monge González

Download or read book Anti-dumping Policies and Safeguard Measures in the Context of Costa Rica's Economic Liberalization written by Ricardo Monge González and published by . This book was released on 2005 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper reviews the most important changes, both in the economy and in the legal and institutional framework, to deal with unfair trade practices that Costa Rica has experienced during its trade liberalization process. It also evaluates whether the sectors that as a result of such a process have been facing increased foreign competition, and may have attempted to use the World Trade Organization (WTO) rules adopted by Costa Rica as a protectionist instrument. Costa Rica's legal framework against unfair trade practices at the multilateral level emerged when the country adopted the WTO rules on antidumping policies and safeguard measures. That has been reinforced at the bilateral level through the subscription of free trade agreements with Central America, Mexico, the Dominican Republic, Chile, and Canada. So far, only six antidumping petitions and five safeguards have been received by the government. In reviewing these petitions, the government has paid particular attention to the impact of any action on the competitiveness of the domestic market and on the possibility that it would support modernization of the industry. Behind the political acceptance of this disciplined approach lies widespread recognition of the social as well as economic progress that liberalization has supported.