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

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James H. MathisAmsterdam Law School

ISBN13: 9789067041393
ISBN: 9067041394
Published: March 2003
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £50.00



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The debate over regionalism and the multilateral trading system intensifies in the WTO as dozens of regional trade agreements are declared to be exceptions to GATT's most-favoured nation obligation. Commentators debate whether such agreements are stepping stones to freer world trade, and WTO Members remain unsettled on criteria to determine the compatibility of agreements with the multilateral trading system. This work addressed 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 also affect intra-regional trade between large and small members. 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. Regional Trade Agreements in the GATT/WTO is addressed to trade lawyers and academics, international economists, and policy professionals working with non-discrimination issues and the question of legal compatibility of regional agreements in the WTO. Dr. Mathis J.D., Ph.D, is the academic co-ordinator for the EU International Trade Law (LL.M) program at the Amsterdam Law School and managing editor of the journal Legal Issues of Economic Integration for the Department of International Law at the University of Amsterdam.

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Subjects:
International Trade
Contents:
Acknowledgements
Note on terminology
Abbreviations
Introduction
Part I. Pre-GATT PREFERENCE AND THE MFN RESPONSE:
1. Interwar preference and the case for MFN
2. ITO Negotiations for a regional exception
Part II. REGIONALISM IN THE GATT (1947):
3. Article XXIV in practice: the overseas association
4. Systemic issues in GATT-47 reviews
5. The GATT panel practice response (bananas I and II)
6. Economic (customs union) theory and article XXIV
7. Modern Regionalism
8. The choice of framework: origin rules and internal trade
9. Regional safeguards and restrictive measures
10. Article XXIV panel and appellate body practice in the WTO
11. Systemic Issues in the CRTA
12. A treaty law framework for the internal trade requirement
13. Book conclusion: recent developments
Appendices
References
Index.