The Agreement on Trade Facilitation and its Implications: An Interpretative Perspective

Asian Journal of WTO & International Health Law and Policy 9.2

32 Pages Posted: 31 Mar 2015  

Heng Wang

The University of New South Wales

Date Written: September 30, 2014

Abstract

As a highly compromising and flexible agreement, the Agreement on Trade Facilitation (hereinafter “TFA” or “the agreement”) may shed light on the future direction of the world trade regime. Going beyond the tariffs and border, the agreement is featured with good governance requirements. Its delicate relationship with free trade agreements (hereinafter “FTAs”), the domestic law, and existing World Trade Organization (hereinafter “WTO”) agreements deserves attention and carries important implications. What is the relationship between of the TFA and non-WTO rules? How do existing WTO agreements apply to the TFA explicitly or implicitly? What is the interpretative challenge? In addressing these issues, the holistic approach is needed. It remains to be seen how the TFA fits to the world trade regime in the future.

Keywords: trade facilitation, interpretation, good governance, non-trade concerns, FTAs, implicit application, explicit application

Suggested Citation

Wang, Heng, The Agreement on Trade Facilitation and its Implications: An Interpretative Perspective (September 30, 2014). Asian Journal of WTO & International Health Law and Policy 9.2. Available at SSRN: https://ssrn.com/abstract=2586971

Heng Wang (Contact Author)

The University of New South Wales ( email )

Faculty of Law
UNSW
Sydney, NSW 2052
Australia
+61 2 9385 9472 (Phone)

HOME PAGE: http://www.law.unsw.edu.au/profile/heng-wang

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