Ensuring Compliance between a Bilateral PTA and the WTO

in Sisira Jayasuriya, Donald MacLaren and Gary Magee (eds), Negotiating a Preferential Trading Agreement: Issues, Constraints and Practical Options (London: Edward Elgar, 2009) 235–253 (ISBN 978 1 84720 481 3)

20 Pages Posted: 28 Sep 2015

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Nicolas Lockhart

Sidley Austin Brown & Wood LLP

Date Written: 2009

Abstract

This chapter focuses on the substantive aspects of the exception for Free Trade Agreements (FTAs) in relation to goods under Article XXIV of GATT 1994, examining in detail the conditions with which FTAs must comply in order to fall within the exception. These conditions relate to the elimination of restrictions on trade between the parties to the FTA, and to the nature and level of restrictions that the parties to the FTA impose on trade with WTO Members that are not party to the FTA. The chapter goes on to discuss the activities of the Committee on Regional Trade Agreements as well as the lack of enforcement of the rules before WTO Tribunals. This puts into context the likelihood of any legal challenge to an Australia-China FTA.

Keywords: World Trade Organization, Free Trade Agreement, Regional Trade Agreement

Suggested Citation

Mitchell, Andrew D. and Lockhart, Nicolas, Ensuring Compliance between a Bilateral PTA and the WTO (2009). in Sisira Jayasuriya, Donald MacLaren and Gary Magee (eds), Negotiating a Preferential Trading Agreement: Issues, Constraints and Practical Options (London: Edward Elgar, 2009) 235–253 (ISBN 978 1 84720 481 3) . Available at SSRN: https://ssrn.com/abstract=2664938

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

Nicolas Lockhart

Sidley Austin Brown & Wood LLP ( email )

One First National Plaza
Chicago, IL 60603
United States

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