scholarly journals THE ROLE OF REGIONAL TRADE AGREEMENTS IN ACHIEVING FOOD SECURITY

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Agnieszka Sapa ◽  
Keyword(s):  
Food Security ◽  
Trade Agreements ◽  
Regional Trade Agreements ◽  
Regional Trade

WTO legality of discriminatory liberalization of internal regulations: role of RTA national treatment

2011 ◽  
Vol 10 (4) ◽  
pp. 473-495 ◽  
Author(s):  
JONG BUM KIM
Keyword(s):  
Trade Agreements ◽  
Regional Trade Agreements ◽  
National Treatment ◽  
Regional Trade ◽  
Appellate Body ◽  
Reasonable Alternative

AbstractIn this paper, we study the interaction between regionalism and multilateralism by examining the role of national treatment clauses in regional trade agreements (RTAs). We ask whether discriminatory liberalization of internal regulations under RTAs can fulfill the requirements of the GATT Article XXIV defense. In the presence of pre-existing RTAs with RTA national treatment clauses, the GATT Article XXIV defenses for violations of GATT Article I and GATT Article III resulting from preferential liberalization of internal regulations may not succeed because the ‘necessity’ requirement under the Turkey–Textiles Appellate Body test is not likely to be met. The necessity requirement would fail because the RTA party may adopt ‘a reasonable alternative’ of applying the measure non-discriminatorily to all WTO members. RTA national treatment clauses in the pre-existing RTAs may have the effect of binding the RTA parties to liberalize trade-restrictive internal regulations on a non-discriminatory basis.

FROM COLONIALISM TO REGIONALISM: THE YAOUNDÉ CONVENTIONS (1963–1974)

2021 ◽  
Vol 70 (2) ◽  
pp. 449-489
Author(s):  
Rafael Lima Sakr
Keyword(s):  
Trade Agreements ◽  
Regional Trade Agreements ◽  
African Countries ◽  
Regional Trade ◽  
Legal Concept ◽  
Economic Relations ◽  
Conventional View ◽  
Development Framework ◽  
The 1960S

AbstractHow was ‘international trade’ between former European empires and their former colonies in Africa governed after decolonisation? In the 1960s, the vast majority of African countries became independent, and so a new arrangement was necessary to govern their economic relations with Europe. The Yaoundé Conventions were then concluded between the European Community (EC) and the bloc of postcolonial African countries. Specialised literature provides comprehensive accounts of the Yaoundé Conventions. However, little is known about the role of law and lawyers in their making and governance. Part of this story concerns political and intellectual struggles in the legal profession about which projects, ideas, and norms would be applicable. Another part concerns the work of lawyers to organise those policies, theories and visions into an emerging conception and to employ it to influence the production and management of the Yaoundé Conventions. This article combines historical and socio-legal approaches to show that a distinct legal conception of regional trade agreements—called here the ‘development framework’—was pivotal to the design and application of the Yaoundé Conventions. This conception was primarily advanced and persuasively used by European and African lawyers. This contrasts with the conventional view that trade agreements are variations on a single legal concept. It is concluded that EC–Africa regionalism was a singular experiment, due significantly to the unique features of this legal conception.

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