Skip to main content Accessibility help
×
Home
Hostname: page-component-684899dbb8-bjz6k Total loading time: 0.52 Render date: 2022-05-21T05:57:15.130Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true }

19 - Judicial supremacy, judicial restraint, and the issue of consistency of preferential trade agreements with the WTO: The apple in the picture

Published online by Cambridge University Press:  02 September 2009

Petros C. Mavroidis
Affiliation:
Professor of Law Université de Neuchâtel; Professor of Law Columbia University; Fellow Centre of Economic Policy Research
Daniel L. M. Kennedy
Affiliation:
University of Minnesota
James D. Southwick
Affiliation:
University of Minnesota
Get access

Summary

The issue

The panel report on TurkeyRestrictions on Imports of Textile and Clothing Products confronted the issue of judicial review of preferential trade agreements (PTAs). The facts, in a nutshell, could be described as following: Turkey, following the conclusion of its customs union with the European Community (EC), raised its protection for textile products. India complained that the Turkish measures at hand were inconsistent with Turkey's obligations under the World Trade Organization (WTO).

Both parties to the dispute argued explicitly (¶9.45) that the Panel should not assess the compatibility of the Turkey–EC customs union with the provisions of Article XXIV General Agreement on Tariffs and Trade (GATT). Things got awry, though, when Turkey added in its second submission that the Panel could not assess the WTO compatibility of any specific measure adopted in the context of the formation of a PTA separately and in isolation from an assessment of the overall compatibility of this PTA with Article XXIV GATT. Hence, Turkey was de facto arguing that invocation of Article XXIV GATT is tantamount to a waiver from GATT obligations.

India disagreed and urged the Panel to pronounce on the issue. The Panel rejected Turkey's argument. It did not go the “full nine yards” though. In a carefully drafted passage (¶9.56), the Panel rejects the view that it has to assess the overall compatibility of the PTA in order to reach judgment on the compatibility of the specific Turkish measures at hand with the WTO.

Type
Chapter
Information
The Political Economy of International Trade Law
Essays in Honor of Robert E. Hudec
, pp. 583 - 601
Publisher: Cambridge University Press
Print publication year: 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)
2
Cited by

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×