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How regional trade agreements deal with disputes concerning their TBT provisions?

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  • Molina, Ana Cristina
  • Khoroshavina, Vira

Abstract

Our analysis covers 260 RTAs, of which 200 include at least one provision on TBT. We find that in general disputes on TBT provisions arising under RTAs are not treated differently from other type of RTA disputes. Fifteen per cent of RTAs with TBT provisions include provisions that apply exclusively to the resolution of TBT disputes and do so in general to favour the WTO dispute settlement mechanism over that of the RTA; only in one RTA - NAFTA - do the parties provide under some conditions for the exclusive use of the RTA DSM for certain types of TBT disputes. In the remaining RTAs, the parties do not provide for a specific way of dealing with TBT disputes and apply instead the general dispute settlement (DS) provisions under the RTA. Under the general DS provisions, the parties do not give exclusivity to one forum, with one exception EU-Chile RTA, but allow instead for the selection of the forum in case of jurisdictional overlapping and in accordance with certain rules. RTAs with such a forum-choice clause account for 55% of the RTAs with TBT provisions, while 24% do not provide for any guidelines in the case of jurisdictional overlapping, which can be problematic, and 5% do not have their own dispute settlement mechanism (DSM), so that in the event of a dispute over the same (or similar) obligation under the RTA and the WTO, the WTO DSM would be the only possible forum.

Suggested Citation

  • Molina, Ana Cristina & Khoroshavina, Vira, 2018. "How regional trade agreements deal with disputes concerning their TBT provisions?," WTO Staff Working Papers ERSD-2018-09, World Trade Organization (WTO), Economic Research and Statistics Division.
    • Handle: RePEc:zbw:wtowps:ersd201809
    DOI: 10.30875/9700e22a-en
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    References listed on IDEAS

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    1. Anonymous, 1960. "European Free Trade Association," International Organization, Cambridge University Press, vol. 14(1), pages 219-220, January.
    2. Anonymous, 1960. "European Free Trade Association," International Organization, Cambridge University Press, vol. 14(3), pages 483-484, July.
    3. Anonymous, 1960. "European Free Trade Association," International Organization, Cambridge University Press, vol. 14(4), pages 681-682, October.
    4. Gheorghe MEREUŢĂ, 2014. "Perspectives of the National Army of the Republic of Moldova under The New Regional Security Architecture," Postmodern Openings, Editura Lumen, Department of Economics, vol. 5(4), pages 31-42, December.
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    More about this item

    Keywords

    dispute settlement; regional trade agreements; non-tariff barriers; TBT;
    All these keywords.

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • F15 - International Economics - - Trade - - - Economic Integration

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