Regional Trade Agreements in the GATT/WTO:Artical XXIV and the Internal Trade Requirement

With a Foreword by Professor Jagdish Bhagwati

This book addresses legal aspects of GATT Article XXIV and its 'internal' trade requirements as they define the WTO gateway for regional trade agreements. The case for a narrow avenue is made by exploring historical foundations in the Havana ITO negotiations and later difficulties of applying provisions to developed-developing country free-trade areas.

The external economic effects for the trade of non-members will remain of concern, but rules of origin and regional safeguard regimes can affect intra-regional trade between large and small members as well. The GATT-47 practice is contrasted with WTO developments as dispute settlement reports have established the conditional legal nature of the regional exception. A treaty law argument is made that GATT/WTO rules retain continuing validity for regional members. Implications for the WTO review process are considered.

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With a Foreword by Professor Jagdish Bhagwati This book addresses legal aspects of GATT Article XXIV and its internal trade requirements as they define the WTO gateway for regional trade agreements. The case for a narrow avenue is made by exploring historical foundations in the Havana ITO negotiations and later difficulties of applying provisions to developed-developing country free-trade areas. The external economic effects for the trade of non-members will remain of concern, but rules of origin and regional safeguard regimes can affect intra-regional trade between large and small members as well. The GATT-47 practice is contrasted with WTO developments as dispute settlement reports have established the conditional legal nature of the regional exception. A treaty law argument is made that GATT/WTO rules retain continuing validity for regional members. Implications for the WTO review process are considered.

Résumé
With a Foreword by Professor Jagdish Bhagwati

This book addresses legal aspects of GATT Article XXIV and its 'internal' trade requirements as they define the WTO gateway for regional trade agreements. The case for a narrow avenue is made by exploring historical foundations in the Havana ITO negotiations and later difficulties of applying provisions to developed-developing country free-trade areas.

The external economic effects for the trade of non-members will remain of concern, but rules of origin and regional safeguard regimes can affect intra-regional trade between large and small members as well. The GATT-47 practice is contrasted with WTO developments as dispute settlement reports have established the conditional legal nature of the regional exception. A treaty law argument is made that GATT/WTO rules retain continuing validity for regional members. Implications for the WTO review process are considered.

Contenu
PRE-GATT Preference and the MFN Response.- Interwar Preference and the Case for MFN.- Ito Negotiations for A Regional Exception.- Regionalism in the Gatt (1947).- Article XXIV in Practice: The Overseas Association.- Systemic Issues in Gatt-47 Reviews.- The Gatt Panel Practice Response (Bananas I and II).- Economic (Customs Union) Theory and Article XXIV.- Regional Practice in the WTO.- Modern Regionalism.- The Choice of Framework: Origin Rules and Internal Trade.- Regional Safeguards and Restrictive Measures.- The WTO Response.- Article XXIV Panel and Appellate Body Practice in the WTO.- Systemic Issues in the CRTA.- Restraining Regionalism in the New Millennium.- A Treaty Law Framework for the Internal Trade Requirement.- Book Conclusion: Recent Developments.