Home >
Law >
Business / Commercial Law >
Regional Trade Agreements and the WTO Legal System

Regional Trade Agreements and the WTO Legal System

Author: Lorand Bartels; Federico Ortino
Publisher: Oxford University Press
ISBN: 9780199207008
Published In: December 2006
Format: Paperback , 642 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Discusses the proliferation of regional trade agreements which represent a significant challenge to WTO law
The co-existence of RTAs and the WTO raises critical issues of fragmentation of international trade law and jurisdictional competition
Contributors include scholars, government officials, and experts from international organizations, offering practical, conceptual, institutional, and official perspectives

The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

John Jackson: Preface
1: Lorand Bartels and Federico Ortino: Introduction
Part I Framework Issues
2: William Watson and Viet Dung Do: The Economic Dimension of Regional Trade Agreements and their Relation to the Multilateral Trading System: A Survey of the Literature
3: Chad Damro: The Political Economy of Regional Trade Agreements
4: Professor Thomas Cottier and Marina Foltea: Constitutional Functions of the WTO and Regional Trade Agreements
Part 2 WTO Regulation of Regional Trade Agreements
5: James Mathis: Regional Trade Agreements and Domestic Regulation: What Reach for 'Other Restrictive Regulations of Commerce'
6: Angela Gobbi Estrella and Gary Horlick: Mandatory Abolition of Antidumping, Counterveiling 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
7: Jose Antonio Rivas: How Free Trade Areas and their Rules of Origin Comply with GATT Article XXIV
Part III WTO-plus Issues in Regional Trade Agreements
8: Markus Krajewski: Services Liberalisation in Regional Trade Agreements: Lessons for GATS 'Unfinished Business'?
9: Federico Ortino and Audley Sheppard: Bilateral, Regional and Multilateral Agreements Covering Foreign Investment in Services: Patterns and Linkage
10: Bryan Mercurio: TRIPS-Plus Provisions in Regional Trade Agreements
11: Melaku Desta and Naomi Barnes: Competition Law and Regional Trade Agreements
12: Gareth Davies: Is Mutual Recognition an Alternative to Harmonisation? Lesson on Trade and Tolerance of Diversity from the EU
13: Ernst-Ulrich Petersmann: The WTO, Regional Trade Agreements and Human Rights
14: Marie-Claire Cordonier Segger: Sustainable Development in Regional Trade Agreements
Part IV Dispute Settlement in Regional Trade Agreements
15: Bill Davey: Dispute Settlement in Regional Trade Agreements and the WTO: An Introduction
16: Armand de Mestral: NAFTA Dispute Settlement: Creative Experiment or Confusion?
17: Ignacio Garcia Bercero: Bilateral Dispute Settlement in EU Free Trade Agreements: Lessons Learned?
18: Andreas Ziegler: Dispute Settlement in Bilateral Free Trade Agreements: The EFTA Experience
19: Yan Luo: Dispute Settlement in the Proposed East Asia Regional Trade Agreements: What Can We Learn From the EU and NAFTA?
Part V Interfaces Between the WTO and Regional Trade Agreements
20: Piet Eeckhout: The EU and its Member States in the WTO: Issues of Responsibility
21: Kyung Kwak and Gabrielle Marceau: Overlaps and Conflicts of Jurisdiction Between the WTO and RTA's
22: Locknie Hsu: Applicability of WTO Law in Regional Trade Agreements: Identifying the Links
23: Isabelle Van Damme: What Role is there for Regional International Law in the Interpretation of the WTO Agreements?

Edited by Lorand Bartels, Lecturer in International Economic Law, University of Edinburgh, andFederico Ortino, Reader in International Law, Kings College London

Contributors:
Chad Damro
Thomas Cottier and Marina Foltea
Ernst-Ulrich Petersmann
James Mathis
Angela Gobbi Estrella and Gary Horlick
Jose Antonio Rivas
Markus Krajewski
Audley Sheppard
Brian Mercurio
Melaku Desta
Gareth Davies
Marie-Claire Cordonier Segger
Bill Davey
Armand de Mestral
Ignacio Garcia Bercero
Andreas Ziegler
Yan Luo
Piet Eeckhout
Kyung Kwak and Gabrielle Marceau
Locknie Hsu
Isabelle Van Damme