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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements ("IIAs."). Performance requirement prohibitions ("PRPs") are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making. This thesis focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied? For the first time, this thesis: proposes a comprehensive understanding of PRPs in IIAs by drawing notably on the General Agreement on Tariffs and Trade ("GATT") Uruguay Round of negotiations and on the United States Bilateral Investment Treaty ("BIT") Programme; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation ("MFN") treatment clauses to PRPs in the future. Finally, this thesis formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way

Export performance requirements --- Performance requirements --- Vienna Convention on the Law of Treaties

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This paper analyzes the export performance of Polish manufacturing firms. It focuses on the extensive and intensive margins of exports, on the decision to enter export markets and the intensity of exports, given participation, examining price and non-price determinants of export performance. The analysis relies on two different but complementary sources of data: a panel survey of Polish firms for 2005-13, and an exporter-level customs data set, for the same period, with detailed information on products and destinations. The findings reveal that firms face high sunk costs for entering export markets, and that once these costs have been paid, they depreciate rapidly over time. Strong positive local spillovers are also identified, which help reduce entry costs. Finally, the paper shows that the impact of real exchange rate fluctuations on firms' export performance is dependent of the degree of integration in international production networks.

Export Performance --- International Production Networks --- Liquidity --- Productivity --- R&D --- Real Exchange Rates --- Spillovers --- Sunk Costs --- Transition Economies

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This paper focuses on Montenegro’s export sector performance and challenges. Montenegro has run a persistent trade deficit since its independence. Montenegro’s goods exports have decreased, while goods imports have been more or less stable. A comparison reveals a relatively weak recovery of goods exports for Montenegro. Montenegro’s goods exports to the euro area have declined over time despite euroization. Foreign demand explains services exports well, but less so goods exports. Business climate surveys indicate high nonprice barriers in Montenegro’s export sector. The share of high-value-added export goods has been diminishing over time. Services exports also signal narrow productivity gains. Weak productivity growth may hinder the export sector.

Exports and Imports --- Macroeconomics --- Trade: General --- Personal Income, Wealth, and Their Distributions --- International economics --- Exports --- Service exports --- Personal income --- Export performance --- International trade --- National accounts --- Income --- Montenegro

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The empirical evidence on the impact of import competition on economic performance relies mainly on import tariff liberalization as the source of changes to competition. This paper extends this evidence by focusing on non-tariff measures, an increasingly important trade policy tool globally. The analysis examines the competition effect of four specific non-tariff measures on the exporting activity of the universe of Indonesian firms. The focus is on measures that do not clearly address any negative externalities of imports-the supposed objective of non-tariff measures-and hence appear to be protectionist in nature. The results suggest that by restricting import competition, these measures reduce the survival of firms in export markets as well as the intensive and extensive margins of their exports. Non-tariff measures have a more negative effect than import tariffs in most cases and these results are robust to various checks. The analysis provides suggestive evidence that markups are an important channel through which these effects are mediated.

Export Competitiveness --- Export Performance --- Firm Performance --- Foreign Trade Promotion and Regulation --- Import Competition --- International Economics and Trade --- Non-Tariff Measures --- Rules of Origin --- Trade Policy

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This paper analyzes export performance in the Middle East and North Africa (MENA) using a gravity model applied to panel data. It addresses two questions: (i) are there significant unexploited export markets for the MENA region?; and (ii) have integration efforts with the EU since the mid-1990s yielded positive results? The results suggest that several MENA countries are substantially underexploiting the United States as an export market. Moreover, the impact of integration efforts with the European Union has been moderate overall but significant in individual cases.

Electronic books. -- local. --- Exports -- Africa, North. --- Exports -- Middle East. --- Exports and Imports --- Trade: General --- Trade Policy --- International Trade Organizations --- International economics --- Exports --- Plurilateral trade --- Export performance --- Trade liberalization --- Trade barriers --- International trade --- Commercial policy --- Tunisia