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5 - Legal requirements for PTAs under the WTO

Published online by Cambridge University Press:  16 December 2009

Simon Lester
Affiliation:
WorldTradeLaw.net, LLC
Bryan Mercurio
Affiliation:
The Chinese University of Hong Kong
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Summary

Introduction

The global trading system is now comprised of an inter-locking, ever-growing, network of bilateral, plurilateral and multilateral trade agreements. It would be easy to assume that trade agreements, whether bilateral, plurilateral or regional, are necessarily beneficial for trade. After all, such agreements pursue the common goal of trade promotion through liberalisation. More trade agreements of whatever type might, therefore, translate into more trade liberalisation. The shortcoming of this assumption is, however, that bilateral, plurilateral and multilateral agreements pursue this goal in different and often conflicting ways. A core objective of the multilateral trading system is ‘the elimination of discriminatory treatment in international trade relations’. In pursuit of this objective, WTO Members must accord equal treatment to the goods and services of all other WTO Members (through ‘most-favoured-nation’ or ‘MFN’ treatment). In contrast, bilateral and plurilateral trade agreements – preferential trade agreements (PTAs) – pursue trade liberalisation through precisely this type of discrimination. The parties to a PTA liberalise trade solely among themselves, creating a network of special preferences within the PTA that are not available to other WTO Members. PTAs, therefore, entrench the very discrimination that WTO rules seek to eliminate. This key difference in approach makes the relationship between multilateralism and regionalism both complicated and controversial. In economic terms, it is still not clear whether maintaining an ever-growing network of PTAs alongside multilateral rules produces an overall increase or decrease in economic welfare.

Type
Chapter
Information
Bilateral and Regional Trade Agreements
Commentary and Analysis
, pp. 81 - 113
Publisher: Cambridge University Press
Print publication year: 2009

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References

Mitchell, Andrew D., Legal Principles in WTO Disputes (Cambridge: Cambridge University Press, 2008).
Pauwelyn, Joost, ‘The Puzzle of WTO Safeguards and Regional Trade Agreements’ (2004) 7(1) Journal of International Economic Law109–42.Google Scholar
Gobbi Estrella, Angela T. and Horlick, Gary N., ‘Mandatory Abolition of Anti-Dumping, Countervailing Duties and Safeguards in Customs Unions and Free-Trade Areas constituted between WTO Members: Revisiting a Long-Standing Discussion in Light of the Appellate Body's Turkey–Textiles Ruling’ (2006) 40(5) Journal of World Trade909–44.Google Scholar
Stephenson, Sherry and Prieto, Francisco J., ‘Services in Regional Trading Arrangements’, in Macrory, Patrick F.J., Appleton, Arthur E. and Plummer, Michael G. (eds.), The World Trade Organization: Legal, Economic and Political Analysis (New York: Springer, 2005), Vol. 1, pp. 293–312.
Matsushita, Mitsuo, Schoenbaum, Thomas J. and Mavroidis, Petros C., The World Trade Organization: Law, Practice, and Policy, 2nd edn (Oxford: Oxford University Press, 2006), p. 560.
Bartels, Lorand, ‘WTO Dispute Settlement Practice on Article XXIV of the GATT’, in Ortino, Federico and Petersmann, Ernst-Ulrich (eds.), The WTO Dispute Settlement System 1995–2003 (The Hague: Kluwer Law International, 2004), pp. 263–73, at p. 268.

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