A Treaty Law Framework for the Internal Trade Requirement

Mathis, James H.

doi:10.1007/978-90-6704-573-5_13

Cited by 3 publications

(3 citation statements)

References 4 publications

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“…Based on the qualitative approach, the exclusion of a whole sector would therefore be contrary to the spirit of GATT. 24 Mathis and Breaton (2011) observed that, in practice, the quantity test based on approximately 90 per cent benchmark seems to be generally accepted as a viable indicator for several RTAs, however, it has been subjected to some verification using the test of quality. Although the issue has been debated within WTO jurisprudence, it is still subject to various interpretations and can therefore accommodate a variety of scenarios.…”

Section: Liberalisation Must Be On Substantially All the Tradementioning

confidence: 99%

How Relevant Is Customs in the Operation of Free Trade Areas?

Shumba

2023

World Customs Journal

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While one of the principles of the World Trade Organization (WTO) is to ensure non-discrimination in global trade, Article XXIV of General Agreement on Tariffs and Trade (GATT) 1994 has provisions for the establishment of free trade areas (FTAs), in which trading partners accord each other preferential treatment. Article XXIV allows a group of countries to form their own FTAs to speed up trade outside the multilateral trading system. This paper explores the relevance of Customs in the operations of FTAs. The analysis concludes that Customs has a major role to play in the operations of an FTA, and by extension, towards the realisation of the goals of the WTO.

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Section: Liberalisation Must Be On Substantially All the Tradementioning

confidence: 99%

How Relevant Is Customs in the Operation of Free Trade Areas?

Shumba

2023

World Customs Journal

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“…166 The text of the WTO agreements does not clearly correspond to any of these approaches, which is why this is such a difficult issue. 167 The Appellate Body has to date avoided resolving it in the abstract, 168 addressing the parallelism requirement 169 rather than GATT Article XXIV in disputes concerning the application of safeguards to RTA partners.…”

Section: (Iii) Eliminating Safeguardsmentioning

confidence: 99%

Eliminating Trade Remedies From the Wto: Lessons From Regional Trade Agreements

Voon

2010

ICLQ

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As the global financial crisis threatens to manifest in enhanced protectionism, the economic irrationality of dumping, countervailing, and global safeguard measures (so-called ‘trade remedies’) should be of increased concern to the Members of the World Trade Organization (‘WTO’). Long tolerated under the WTO agreements and perhaps a necessary evil to facilitate multilateral trade liberalization, elimination of trade remedies is far from the agenda of WTO negotiators. However, a small number of regional trade agreements offer a model for reducing the use of trade remedies among WTO Members in the longer term, consistent with WTO rules and broader public international law.

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“…Therefore, the measure, in and of itself, is not challengeable for violation of the GATT. Nevertheless, the measure may affect the compliance of the country's PTA with GATT Article XXIV (Mathis, 2002).…”

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confidence: 99%

Tariff Flexibility Amid Formation of Preferential Trade Agreements: WTO Law vs. PTA Law

Kim,

Yoo

2023

World Trade Review

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This paper examines the legal ramifications of using tariff flexibility arising from GATT unbound tariff lines or tariff overhangs under both WTO and preferential trade agreement (PTA) law when flexibility is exercised preferentially for PTA partners. Under WTO law, a WTO member that is a party to a PTA under GATT Article XXIV is required to use tariff flexibility on a non-discriminatory basis. However, PTA obligations including tariff elimination commitments and a standstill clause prohibit the WTO member from raising applied tariffs on imports from the PTA parties, thereby preventing the use of tariff flexibility on a non-discriminatory manner. In contrast, a WTO member entering into a PTA under the Enabling Clause may use tariff flexibility discriminatorily without violating WTO law. A WTO member has greater legal latitude in utilizing tariff flexibility if it forms a PTA under the Enabling Clause rather than under GATT Article XXIV. The discriminatory exercise of tariff flexibility by some WTO members in conformity with PTA obligations, but in violation of WTO law, is further evidence of the fragmentation of the world trading system, where WTO law is facing its limits.

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A Treaty Law Framework for the Internal Trade Requirement

Cited by 3 publications

References 4 publications

How Relevant Is Customs in the Operation of Free Trade Areas?

How Relevant Is Customs in the Operation of Free Trade Areas?

Eliminating Trade Remedies From the Wto: Lessons From Regional Trade Agreements

Tariff Flexibility Amid Formation of Preferential Trade Agreements: WTO Law vs. PTA Law

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