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An explosion of different Rules of Origin (ROO) has accompanied the spread of Preferential Trade Agreements (PTAs) around the world. These apply equally to non-reciprocal PTAs like GSP (Generalized System of Preferences), AGOA (African Growth and Opportunity Act), EBA (Everything but Arms) and all the reciprocal PTAs. These Preferential ROO (PROO), the subject of this paper, are different from Non-Preferential (NPROO). Often tailor-made, PROO aim to prevent transshipment and trade deflection across PTAs. At the same time, these PROO are supposed to be sufficiently user-friendly to support supply chain trade, and in Africa, regional value chains at the continental level. PROO are non-tariff barriers (NTBs) for exporters. Complying with ROO requirements entail costs for producers, exporters, and customs officials. Observers, firms, customs officials, and policy-makers have advocated simplification and, in the case of large-membership PTAs like African Continental Free Trade Area (AfCFTA), harmonization as well. Following the creation of the WTO and the accompanying move towards a rules-based world trade system, many Non-Tariff Measures (NTMs), like absolute quotas, domestic content requirements, have been abolished, leaving PROO as one of the few areas where countries can negotiate requirements reciprocally unimpeded. The result is a forest of ROO which we still discover and know relatively little about, except perhaps that if (knowledgeable) traders estimate that compliance costs exceed benefits from preferential market access, they will not apply for preferential status. Indeed, for the majority of PTAs, publicly available information on Preference Utilisation Rates (PURs) are not available. Even, if PURs were available, all we would know is that rents from preference margins would exceed compliance costs. The paper surveys the literature drawing on the extensive database in ITC's ROF database covering 54,000 distinct ROO spread across 370 PTAs to illustrate the issues covered in the literature. First, word overlap and regulatory proximity metrics are applied to the Regime Wide Rules (RWRs) and Product Specific Rules (PSRs) in the major families of ROO: Association of Southeast Asian Nations (ASEAN), EU PANEURO, North American Free Trade Agreement (NAFTA) to gauge differences across these families. The results from the comparisons raise the possibility of excessive diversity in ROO criteria, which may apply also to ROO for non-preferential purposes (e.g. 'made in' labelling). The remaining sections review what we know about the compliance costs associated with ROO requirements. These costs are illustrated graphically in section 3 and summarized in a formula that decomposes compliance costs along two dimensions: distortionary costs resulting from the restrictiveness of ROOs and administrative costs. Section 4 surveys the evidence by themes: (i) determinants of the utilisation of preferences; (ii) effects on third countries outside the PTA; (iii) choice of rule; (iv) preference margin and complexity of rules; (v) trade deflection; (vi) firm-level evidence. In conclusion, drawing lessons from the empirical literature is a complicated exercise because preference uptake, an important indicator of compliance costs, is only available for a handful of PTAs at the disaggregated product level.
Rules of Origin in ASEAN is the first in-depth exploration of the complex rules of origin in ASEAN's trade agreements. Written by two leading practitioners, it explains with clarity the existing ASEAN Rules of Origin (RoO) practices and their administration regimes in a comparative context and provide a recommendation for reform. The ASEAN RoOs can be simplified by imparting transparency and predictability to the legal drafting, focusing on a calculation method based on value of materials and lowering the regional value content required to qualify as ASEAN origin. The administration of ASEAN RoOs can be improved by expanding the use of self-certification, moving away from document-based verification to more modern post-entry audit and trade facilitation approaches. This is a timely and important topic which will be insightful to practitioners, policymakers and businesses in understanding how commerce and trade are conducted in Southeast Asia.
This book offers after more than ten years of negotiations the first overview of the status of the negotiations of non-preferential rules of origin under the WTO agreement on rules of origin and the possible implications for other WTO agreements.
The Trans-Pacific Partnership (TPP) talks attempt to link together at least nine countries in three continents to create a 'high-quality, twenty-first century agreement'. Such an agreement is intended to open markets to competition between the partners more than ever before in sectors ranging from goods and services to investment, and includes rigorous rules in the fields of intellectual property, labour protection and environmental conservation. The TPP also aims to improve regulatory coherence, enhance production supply chains and help boost small and medium-sized enterprises. It could transform relations with regions such as Latin America, paving the way to an eventual Free Trade Area of the Asia Pacific, or see innovations translated into the global trade regulatory system operating under the WTO. However, given the tensions between strategic and economic concerns, the final deal could still collapse into something closer to a standard, 'twentieth-century' trade agreement.
This book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. Through legal analysis, bolstered by economic and political dimensions, the book illustrates the complex interplay of diverse factors that shape the AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market access, exceptions, trade facilitation, rules of origin and non-tariff barriers, the book also discusses trade remedies, dispute settlement, investment, intellectual property and completion policy. Additionally, human rights, corporate social responsibility and sustainable development principles are discussed, alongside small and medium-sized enterprises (SMEs), digital trade and gender in economic integration. The book will be of interest to students, instructors, practitioners and nonpractitioners in this area of international economic law.
This critical book assesses the current trade policy challenges facing the US and offers a series of recommendations which, if implemented, have the potential to improve both US domestic trade policy and international/foreign policy. Focusing on the reform of the WTO, the implementation of the United States-Mexico-Canada Agreement and the continuing rivalry between the US and China, The Future of Trade crucially advances the ongoing dialogue between US governments and stakeholders.
Retaining the signature clarity and depth that made it an instant classic, this new fourth edition of The Law and Policy of the World Trade Organization examines both the institutional and substantive law of the World Trade Organization (WTO). Fully updated to incorporate all new developments in the WTO's body of case law, this market-leading text offers readers a clear introduction to the basic principles of the multilateral trading system and a detailed examination of the law of the WTO. With integrated questions and assignments which allow readers to easily assess and reinforce their understanding and develop their analytical skills, The Law and Policy of the World Trade Organization is essential reading for all WTO law students and practitioners. Suitable for postgraduate and advanced undergraduate students, this classic text is also the ideal resource for practitioners, diplomats and policymakers looking for an introduction to the law of the WTO.