Disputes between WTO agreements and regional trade agreements

목차

1. Intro & Backgrounds
1) The basic principles of international economic law
2) Historic background of GATT/WTO
3) The legal basis of RTA according to WTO

2. The case : Mexico’s tax measures on soft drinks and beverages from the US
1) Procedures of tax measures
2) Related international economic law of GATT/WTO
3) Application of the law
4) Aftermath of the conclusion and implications

3. References

본문내용

The international trade law nowadays is basically based on the GATT/WTO. The basic concept of international trade law is to facilitate free trade. Free trade which is an economic idea that promotes free flow of goods and services without any barriers promotes several characteristics. First, free trade promotes trade of goods and services without any taxes including tariffs in international trade or other trade barriers such as quotas. Also, free trade supports the absence of trading distorting policies in other words, free trade is against almost all regulations or policies that limits flow of goods and services. In the context of international trade, this concept demands all nations including developing ones to open their domestic markets based on comparative advantages and think the world as one certain economic market. After the World War II ended, the General Agreement on Tariffs and Trade which is GATT was contracted mainly by the United States promoted this concept of international trade law.

참고 자료

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds308_e.htm
https://www.wto.org/english/res_e/booksp_e/analytic_index_e/gatt1994_09_e.htm
https://www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds308sum_e.pdf
Richard Baldwin, “A Domino Theory of Regionalism”, Working Paper No. 4465, National Bureau of Economic Research (1993) pp. 3-5.
David A. Gantz, “Regional Trade Agreements” in Daniel Bethlehem, Donald McRae, Rodney Neufeld and Isabelle Van Damme, The Oxford Handbook of International trade law (2009) pp.240-46
Andreas F. Lowenfeld, International Economic Law, 2nd (2008), pp. 23-47.
Appellate Body Report on Mexico-Taxes on Soft Drink, Ibid, para, 68.
Kyung Kwak and Gabrielle Marceau, Overlaps and Conflicts of Jurisdiction Between the WTO and RTAs (2002), pp. 2-12
S. Yang, The Solution for Jurisdictional Conflicts Between the WTO and RTAs : The Forum Choice Clause (2014), pp. 108-124