2019Journal of Law ResearchOpen access

Legal analysis of regional trade agreements within the framework of the World Trade Organization

Mohammad Mahdi Assadi

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Abstract

Legal analysis of regional trade agreements within the framework of the World Trade Organization The number of regional trade agreements grew substantially from the first half of the 1990s to the 2000s. The purpose of the regional trade agreements is to facilitate trade between the constituent territories and not to hinder the trade of other members of the territories. WTO agreements, provide exceptions to the adoption of contrary-measures to WTO rules and principles regarding regional trade. It should be noted that any measure taken without due observance of the terms is contrary to the provisions of the WTO, especially the Most-Favored Nation Principle. The formation of regional trade agreements requires the observance of standards for domestic and foreign trade between the constituent members. There are however certain ambiguities in relation to some of the concepts and terminologies used in the relevant provisions of the GATT and the GATS, which have been somewhat clarified in the panels and Appellate Body jurisprudence.

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Legal analysis of regional trade agreements within the framework of the World Trade Organization The number of regional trade agreements grew substantially from the first half of the 1990s to the 2000s. The purpose of the regional trade agreements is to facilitate trade between the constituent territories and not to hinder the trade of other members of the territories. WTO agreements, provide exceptions to the adoption of contrary-measures to WTO rules and principles regarding regional trade. It should be noted that any measure taken without due observance of the terms is contrary to the provisions of the WTO, especially the Most-Favored Nation Principle. The formation of regional trade agreements requires the observance of standards for domestic and foreign trade between the constituent members. There are however certain ambiguities in relation to some of the concepts and terminologies used in the relevant provisions of the GATT and the GATS, which have been somewhat clarified in the panels and Appellate Body jurisprudence.

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Legal analysis of regional trade agreements within the framework of the World Trade Organization The number of regional trade agreements grew substantially from the first half of the 1990s to the 2000s. The purpose of the regional trade agreements is to facilitate trade between the constituent territories and not to hinder the trade of other members of the territories. WTO agreements, provide exceptions to the adoption of contrary-measures to WTO rules and principles regarding regional trade. It should be noted that any measure taken without due observance of the terms is contrary to the provisions of the WTO, especially the Most-Favored Nation Principle. The formation of regional trade agreements requires the observance of standards for domestic and foreign trade between the constituent members. There are however certain ambiguities in relation to some of the concepts and terminologies used in the relevant provisions of the GATT and the GATS, which have been somewhat clarified in the panels and Appellate Body jurisprudence.

Key concepts: International trade, Regional trade, World trade, Jurisprudence, Trade barrier, Free trade, Business, International economics

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