Legal Requirements for FTAs Under the WTO

in Simon Lester and Bryan Mercurio (eds), Bilateral and Regional Trade Agreements: Commentary and Analysis (Cambridge: Cambridge University Press, 2009) 81–113 (ISBN 978 0 521 87827 2)

33 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 addresses the substantive aspects of the exception for Preferential Trade Agreements (PTAs) in relation to goods under Article XXIV of GATT 1994, beginning with an explanation of its structure and scope. The chapter goes on to examine in detail the conditions with which PTAs must comply in order to fall within the exception - these conditions relate to the elimination of restrictions on trade between the parties to the PTA, and to the nature and level of restrictions that the parties to the PTA impose on trade with WTO Members that are not party to the PTA. The chapter then goes on to briefly consider the substantive aspects of the exception for PTAs in relation to services under Article V of the GATS. Finally, it discusses 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.

Keywords: Preferential Trade Agreements, World Trade Organization, Regional Trade Agreement

Suggested Citation

Mitchell, Andrew D. and Lockhart, Nicolas, Legal Requirements for FTAs Under the WTO (2009). in Simon Lester and Bryan Mercurio (eds), Bilateral and Regional Trade Agreements: Commentary and Analysis (Cambridge: Cambridge University Press, 2009) 81–113 (ISBN 978 0 521 87827 2). Available at SSRN: https://ssrn.com/abstract=2664939

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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