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This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.
This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
Regional trade agreements (RTAs) are not new, but their complexity and importance in global economics and politics has grown exponentially in the past two decades. Tackling this daunting proliferation head on, this book provides a much-needed guide to RTAs. Setting current regional agreements in their economic, political, and historical context, David A. Lynch describes and compares every significant RTA, region by region. He clearly explains their intricate inner workings, their webs of collaboration and conflict, and their primary goals and effectiveness. Lynch's deeply knowledgeable study bridges the ideological divides in scholarly and public debate, including economists' emphases on markets and efficiency versus antiglobalization activists' concerns over inequality and social ills. By building a middle ground between micro and macro analysis and clarifying technical terminology, this concise and accessible book will be an invaluable reference for all readers.
This collection provides case studies which illustrate the latest trends and innovations in bilateral and regional trade agreements.
This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
This book investigates the appropriate relationship between regionalism and multilateralism, with a special reference to recent FTAs in Asia. It is undeniable that past trade multilateralism-regionalism debates centered on the trade-in-goods aspect.
The history of the world trading system and international trade agreements is characterised by shifts between bilateralism, regionalism and multilateralism. Bilateralism has recently returned, having gained momentum following the failed WTO negotiations at the 1999 Seattle Ministerial Conference. The result is that today's international trade rules are now a complex web of instruments and agreements. This volume contains case studies of selected bilateral and regional free trade agreements (FTAs), covering a wide range of countries, regions and key issues such as intellectual property and agriculture. Authored by leading scholars, practitioners and governmental officials, each case study provides a comprehensive review of the negotiating history and result of the selected agreement. Each study can serve as an in-depth examination of a particular FTA, and the group of case studies can be used to compare and contrast the coverage of different FTAs or to examine the FTAs signed by a particular country.
The economic theory of Preferential Trade Agreements (PTAs), or discriminatory trade liberalization for and among a subset ofnations, was first analyzed with fun damental and startling insight by Jacob Viner (1950). He destroyed the intuition that any move towards free trade was welfare-enhancing, for the country itself or for the world, or for both. He introduced us memorably to the notion of trade di verting -- and here, he meant not diversion in the old and approving sense of en tertainment but in the modern and castigating sense ofdistorting - Free Trade Ar eas (FTAs) and Customs Unions (CUs). In other words, in the economists'jargon, discriminatory approaches to freeing trade were not monotonically welfare-im proving. The legal scholars of GATT and trade law, chiefly the giants Robert Hudec, John Jackson and Kenneth Dam in the United States, were quick to follow suit. Their classic writings on Article XXIV ofthe GATT,which provides an exception to the MFN obligation for contracting parties provided they go all the way and cre ate FTAs and CUs which are supposed to reduce internal trade barriers fully rath er than settle for a lesser preferential arrangement, are still a pleasure to read. They are in the best tradition of a creative interaction between the economic and the le gal disciplines. Indeed, today, as my own work with Robert Hudec, resulting in a major two-volume publication by MIT Press underlines, that interaction has be come yet more profound.
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.