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Stocktaking and Glimpsing at Trade Law's Next Generation

Published online by Cambridge University Press:  28 March 2018

Kathleen Claussen
Kathleen Claussen*
Affiliation:
Associate Professor of Law, University of Miami School of Law.
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Extract

These remarks are derived from a forthcoming work considering the future of international trade law. Compared with most features of the international legal system, the regional and bilateral trade law system is in the early stages of its evolution. For example, the United States is a party to fourteen free trade agreements currently in force, all but two of which have entered into force since 2000. The recent proliferation of agreements, particularly bilateral and regional agreements, is not unique to the United States. The European Union recently concluded trade agreement negotiations with Canada, Singapore, and Vietnam to add to its twenty-seven agreements in force and is negotiating approximately ten additional bilateral or multilateral agreements. In the Asia-Pacific Region, the number of regional and bilateral free trade agreements has grown exponentially since the conclusion of the Association of Southeast Asian Nations (ASEAN) Free Trade Area of 1992. At that time, the region counted five such agreements in force. Today, the number totals 140 with another seventy-nine under negotiation or awaiting entry into force. The People's Republic of China is negotiating half a dozen bilateral trade agreements at present to top off the sixteen already in effect. India likewise is engaged in at least ten trade agreement negotiations. The World Trade Organization (WTO) reports 267 agreements of this sort in force among its members as of July 1, 2016.

Type
Tpp, Brexit, and After: The Uneasy Future of Deep Economic Agreements
Information
Proceedings of the ASIL Annual Meeting , Volume 111 , 2017 , pp. 92 - 95
Copyright
Copyright © by The American Society of International Law 2018 

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References

1 Claussen, Kathleen, Separation of Trade Law Powers, 43 Yale J. Int'l L. __ (forthcoming, 2018)Google Scholar.

2 The State of EU Trade (2017), at http://trade.ec.europa.eu/doclib/docs/2012/june/tradoc_149622.pdf.

3 Asian Regional Integration Center, Free Trade Agreements, at https://aric.adb.org/fta.

4 Id.

5 Id.

6 Id.

7 World Trade Organization, Regional Trade Agreements, at https://www.wto.org/english/tratop_e/region_e/region_e.htm.

8 The precursor to the TPP, the Trans-Pacific Strategic Economic Partnership, was initiated in 2003 by Singapore, New Zealand, and Chile. Brunei joined negotiations in 2005, and the partnership among those states came into force in 2006. In March 2008, the United States joined the negotiations.