The Resource Any law that is rarely complied with is a bad law : an analysis of GATT article XXIV : selected issues from the EU and NAFTA, Nazmiye Pinar Artiran

Any law that is rarely complied with is a bad law : an analysis of GATT article XXIV : selected issues from the EU and NAFTA, Nazmiye Pinar Artiran

Label
Any law that is rarely complied with is a bad law : an analysis of GATT article XXIV : selected issues from the EU and NAFTA
Title
Any law that is rarely complied with is a bad law
Title remainder
an analysis of GATT article XXIV : selected issues from the EU and NAFTA
Statement of responsibility
Nazmiye Pinar Artiran
Creator
Contributor
Subject
Language
eng
Summary
This thesis examines and evaluates the current interpretation of GATT Article XXIV and the problematic concepts it comprises by focusing on two case studies, namely regulatory standards under the European Communities (EC) and safeguard measures under the North American Free Trade Agreement (NAFTA). One of the key questions it addresses is whether GATT Article XXIV applies only to the initial formation of a customs union or Free Trade Area or whether it regulates them in an ongoing way along with the covered agreements. Part I begins with an overview of trade regionalism including its historical background and rationale, and an introduction to specific regional integration models extant in the Multilateral Trading System (MTS). This part analyses the legal texts applicable to Regional Trade Agreements (RTAs) in order to shed light on the question of how to strike a balance between the requirement of liberalising substantially all trade and eliminating duties and other restrictive regulations of commerce (ORRC) among partners to an RTA while at the same time not raising existing trade barriers to trade against non-members. Part II then addresses the external trade requirement stipulated under GATT Article XXIV: 5 and 8, in light of the Appellate Body ruling in Turkey - Textiles. It begins with the provisions of paragraph 5 on the external effects of RTAs with a view to assessing the applicability and effect of the test set out in paragraph 5 in relation to non-tariff barriers, particularly regulatory standards. While harmonized regulatory standards may facilitate intra-RTA trade, they also have the effect of raising trade barriers against third parties by way of discriminating against outside commerce or regulating excessively strictly. Secondly, Part II addresses the problematic issue of whether safeguards are to be understood as 'ORRC' in the context of the bracketed list of exceptions. On the assumption that they do constitute ORRCs, this part then examines NAFTA Article 802 as well as the relationship between the Safeguards Agreement and GATT Article XXIV. In view of the proliferation of regional trade agreements (RTAs) and the challenges that they represent for the MTS and developing countries in particular, Part III tackles the question of how GATT Article XXIV disciplines might be improved, and provides an analysis of existing proposals arising from the Rules negotiations in the framework of the mandate stated in the Doha Ministerial Declaration
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Artiran, Nazmiye Pinar
Date time place
Defence date: 19 June 2009
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2009.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • General Agreement on Tariffs and Trade (Organization)
  • European Economic Community
  • International trade
  • Foreign trade regulation
Label
Any law that is rarely complied with is a bad law : an analysis of GATT article XXIV : selected issues from the EU and NAFTA, Nazmiye Pinar Artiran
Instantiates
Publication
Note
Examining Board: Prof. Gráinne de Búrca (supervisor), former EUI, now Fordham Law School; Prof. Marise Cremona (EUI); Prof. Robert L Howse (external co-supervisor) New York University Law School; Dr. Werner Zdouc (World Trade Organization)
Bibliography note
Includes bibliographical references (pages 269-293)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb16070264
Dimensions
30 cm.
Extent
xviii, 293 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1038755766
Label
Any law that is rarely complied with is a bad law : an analysis of GATT article XXIV : selected issues from the EU and NAFTA, Nazmiye Pinar Artiran
Publication
Note
Examining Board: Prof. Gráinne de Búrca (supervisor), former EUI, now Fordham Law School; Prof. Marise Cremona (EUI); Prof. Robert L Howse (external co-supervisor) New York University Law School; Dr. Werner Zdouc (World Trade Organization)
Bibliography note
Includes bibliographical references (pages 269-293)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb16070264
Dimensions
30 cm.
Extent
xviii, 293 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1038755766

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055
Processing Feedback ...