Binding Tariff Preferences for Developing Countries Under Article II Gatt
AbstractTariff preferences, which are authorized under the WTO Enabling Clause and autonomous waivers, are often withdrawn on dubious grounds and without due process. This reduces much of their potential value, because traders and investors lack the predictability and security necessary to make long-term business decisions based on the market access opportunities that these preferences provide. Some developing countries have responded to this by concluding regional trade agreements (RTAs) under Article XXIV of the GATT, despite the sometimes heavy price of reciprocity. In this article, we offer an alternative. We make two practical proposals to provide the maximum possible security and predictability for both preference beneficiaries and donors. First, we argue that, contrary to what is often assumed, it is perfectly possible to bind tariff preferences under existing WTO rules. Second, based upon an examination of the current state of the law, we propose that any withdrawals of products and countries from tariff preference programs, whether by way of temporary safeguards or definitive 'graduation', should be based on objective and legally secure criteria. These criteria should also be scheduled as qualifications to bound preferences under Article II of the GATT. These reforms are possible without any change to existing WTO rules. Oxford University Press 2010, all rights reserved, Oxford University Press.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Bibliographic InfoArticle provided by Oxford University Press in its journal Journal of International Economic Law.
Volume (Year): 13 (2010)
Issue (Month): 4 (December)
Contact details of provider:
Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
Fax: 01865 267 985
Web page: http://www.jiel.oupjournals.org/
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- Persson, Maria, 2013. "Trade Preferences from a Policy Perspective," Working Papers 2013:3, Lund University, Department of Economics.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.