The legal fabric of US and China bilateral trade agreements: weaving trade remedy and intellectual property rights rules with (dis)embedded liberalism

• Autor(a) principal: Lameiras, Leonardo Diniz
• Data de Publicação: 2024
• Tipo de documento: Tese
• Idioma: eng
• Título da fonte: Biblioteca Digital de Teses e Dissertações da USP
• Texto Completo: https://www.teses.usp.br/teses/disponiveis/101/101131/tde-20062024-183734/
• topic: Acordos bilaterais de comércio; Bilateral trade agreements; Embedded liberalism; EUA e China; Liberalismo integrado; Multilateral trade regime; Regime multilateral de comércio; US and China

The thesis presents a comparative study between the bilateral free trade agreements of the US and China, aiming to qualify the stance of both countries in the multilateral trade regime, specifically regarding their engagement with such trade policy instruments between 2001 and 2021. To conduct the comparative analyses and achieve satisfactory empirical results, an innovative methodological approach of a quantitative nature is employed. This involves using specific Jaccard metrics to assess the degree of similarities between agreements and their normative provisions. In addition, the academic research also undertakes a qualitative study from a comparative perspective, focusing exclusively on legal provisions concerning trade remedies and intellectual property rights two essential regulatory topics within the scope of the US and China bilateral relations. To achieve this, the concept of embedded liberalism is revisited, grounded in the constructivist theoretical approach of the discipline of International Relations, with a view of providing a new analytical lens for comparative studies of trade agreements. In this way, an alternative path is suggested, specifically for deepening the quantitative approach and interpreting the exclusive role that China and the US played in those trade issues through their bilateral agreements during the mentioned period.