Need for Coherence Among the WTO's Escape Clauses

Int'l L., 1998

International Organizations Law Review, 2005

Contained in the GATT, are provisions whose applications contradict each other. Article XXIV, which empowers WTO members to form regional trade agreements (RTAs), otherwise referred to as competitive liberalization, is contrary to the idea of the Most-Favored-Nation (MFN) principle set out article I. Indeed article XXIV is an exception to article I, however the conflict caused by these provisions, has led to a situation where the two will not co-exist for long, and one will eventually phase-out the other. While under article I, countries are prevented from discriminating between their trading partners, and any benefit granted to one member of the WTO must be extended to all WTO members; article XXIV gives countries the option of circumventing article I, to offer preferential trade benefits to only the select few with which they choose to trade through the formation of RTAs. Thus, conclusion of RTAs is a practice that is contrary to the interest of the World Trade Organization. Rules of origin present in most RTAs have a negative impact on competitive liberalization, a key goal of the WTO in combatting protectionism, as RTAs grant special treatment to members regardless of their inability to produce commodities more competitively than non-members due to the reciprocal benefits of RTAs. This seeks to frustrate the aims of the WTO in attempting to effectively regulate international trade, because while RTAs facilitate trade amongst its members; it hinders trade for non-member with which it has no trade desires. Regrettably, however, the WTO has faced increasing difficulty in the regulation of RTAs, in their manifold shapes and sizes.

2005

This book provides a critical overview and assessment of the WTO’s dispute settlement procedures in the context of several recent trade-related disputes between the EU and the US.

Jadavpur Journal of International Relations, 2005

The World Economy, 1997

2016

At a time when developments in WTO law have made this field increasingly complex, this concise and non-technical introduction provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO. A variety of text features enables a rich understanding of the law; illustrative examples clarify important issues of the law and demonstrate the law's practical application; boxed summaries of key rulings in WTO case law highlight the interpretation of the relevant provisions and lead readers to a deep understanding of the meaning and application of legal rules; and recommendations for further reading allow readers to engage with current debates. Online resources include links to useful sources of information for work and research within the field. Co-written by a leading authority in the field, this is essential reading for anyone who wants to get to grips with this fascinating yet challenging field of law.