Are we competitive?: A study on the alignment or non-alignment of Philippine Constitutional provisions to GATT provisions on competition

• Main Authors: Diaz, Mika, Lu, Sheila
• Format: text
• Language: English
• Published: Animo Repository 2012
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17892
• Institution: De La Salle University

This research aims to find out whether or not there exist constitutional economic provisions that go against the GATT. The Philippines ratified that GATT and is therefore obliged to abide by its rules. GATT aims for an integration of markets through trade liberalization. Fir this to actually take place, the GATT has provisions that spur free trade like the clause on Quantitative Restrictions and the clause of National Treatment. However, the Philippines up to this date still has protectionist policies that seem to go against the very spirit and intent of the principled in GATT. Out constitutions, being the highest law of the land, has protectionist provisions especially with regard to equity (Section 10 of Article on National Economy and Patrimony) and the preferential use of things that are Filipino (Section 12 of the Article and National Economy and Patrimony). The GATT therefore can't be fully implemented because of some restrictions. The researchers will carefully scrutinize these economic provisions and will look into their intent so that would be clear if they really go against the principles in GATT or not. The researchers will also use Michael Porter's Diamond Theory in analyzing the hindrances to free trade. Lastly, if there are really economic provisions that are not in line with GATT, the researchers will recommend ways as to how these hindrances could be eliminated.