Mandatory abolition of anti-dumping, countervailing duties and safeguards in customs unions and free-trade areas constituted between World Trade Organization members: Revisiting a long-standing discussion in light of the Appellate body's Turkey-Textiles ruling

Article Abstract:

The controversies on the meaning of the relevant wording in Article XXIV:8 in light of the Turkey-Textiles statements and applying the Vienna Convention on the Law of the Treaties (VCLT) rules on treaty interpretation are reexamined. The abolition of the possibility of applying anti-dumping, countervailing duties and safeguards in the part of the intra-regional trade agreement (RTA) trade counting towards the fulfillment of the 'substantially all the trade' threshold is mandatory for a RTA between WTO (World Trade Organization) Members to qualify as a customs union or a FTA (free-trade area) under General Agreement on Tariffs and Trade (GATT) Article XXIV:8 interpreted pursuant to the VCLT.

Legal issues & crime, Government regulation (cont), Government regulation, Legal/Government Regulation, Laws, regulations and rules, Antidumping duties, Free trade areas

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Dispute settlement at the World Trade Organization: Do municipal laws promoting private party identification of trade disputes affect state participation?

Article Abstract:

The US Section 301 and Europe's Trade Barrier Regulations (TBR) are compared with the mechanisms found in Australia, China, Canada and Japan and also the correlation between the frequency of the participation of these six States in the World Trade Organization's (WTO's) dispute settlement process and the relative accessibility of their petitioning systems to petitioners is evaluated. The analysis of Sates' formal and informal petitioning mechanisms has shown that the mechanisms are accessible to private party petitioners to varying degrees.

China, Australia, Canada, Japan, Dispute resolution (Law)

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Are plurilateral trade agreements possible outside of the World Trade Organization?

Article Abstract:

The relationship between sectoral trade agreements concluded outside the World Trade Organization (WTO) and the WTO system and also the potential conflicts of norms having regard to primary and secondary rules are discussed. The Organization for Economic Cooperation and Development (OECD) sectoral talks have represented a feasible, faster and leaner alternative to WTO negotiations.

Trade Negotiations, Jurisdiction (International law)

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