EU-ACP Economic Agreements and WTO/GATT Compatibility

EU-ACP Economic Agreements and WTO/GATT Compatibility PDF Author: Colbert Ojiambo
Publisher:
ISBN:
Category :
Languages : en
Pages : 77

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EU-ACP Economic Agreements and WTO/GATT Compatibility

EU-ACP Economic Agreements and WTO/GATT Compatibility PDF Author: Colbert Ojiambo
Publisher:
ISBN:
Category :
Languages : en
Pages : 77

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Regionalism in the WTO and the Legal Status of a Development Agenda in the EU/ACP Economic Partnership Agreement

Regionalism in the WTO and the Legal Status of a Development Agenda in the EU/ACP Economic Partnership Agreement PDF Author: Yenkong Ngangjoh Hodu
Publisher:
ISBN:
Category :
Languages : en
Pages : 28

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Book Description
The proliferation of regional trade agreements (RTAs) which share similar ideals with the World Trade Organization (WTO) has added to claims of disintegration within international trade law. Notwithstanding the ambiguity surrounding the reading of General Agreement on Tariffs and Trade (GATT) Article XXIV on RTAs, WTO Members are continuously negotiating RTAs with objectives which have so far not received universal acceptance under the WTO treaty system. In the context of European Union (EU)-Africa trade relations, the December 2007 EU-Africa summit was expected to be an appropriate venue for leaders from both sides to resolve the controversy surrounding the idea of development-friendly free trade agreements between the contracting parties. But, the summit was wrapped up without achieving any clear answer to this issue. Similarly, at the multilateral level, i.e. the WTO Doha Development Round negotiations, which the EU and the African, Caribbean and Pacific Group of States have sponsored, numerous development-friendly proposals on RTAs stalled since July 2006. Consequently, in view of this controversy, if development concerns can be factored into economic partnership agreements (EPAs), what would be an acceptable threshold for such RTAs to conform to GATT Article XXIV requirements of “substantially all trade” and “reasonable period of time”? This paper discusses the idea of development and WTO compatibility in the context of the EU-Africa Economic Partnership negotiations. In view of the flawed dispute settlement provisions under the Cotonou Partnership Agreement (CPA), the paper further tries to answer the question of whether the CPA contains rights and obligations that need protection by individual EU member courts and may necessarily be enforced before the European Court of Justice. The paper ends with some thoughts on the post-EPAs adjustment programme.

The WTO compatibility of the economic partnership agreement between the EU and the ACP states

The WTO compatibility of the economic partnership agreement between the EU and the ACP states PDF Author: Axel Borrmann
Publisher:
ISBN:
Category :
Languages : de
Pages : 82

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WTO Compatibility and the Legal Form of EPAs

WTO Compatibility and the Legal Form of EPAs PDF Author: Ruth Kelly
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This paper considers the compatibility of Economic Partnership Agreements (EPAs) between the European Commission (EC) and African-Caribbean-Pacific (ACP) countries with the law of the World Trade Organisation. The Eastern and Southern African EPAs are used as a case study. Three possibilities for compatibility are examined. The waiver option is rejected as overly vulnerable to change. It is argued that it is probably possible to justify the agreements under the Enabling Clause, particularly for Eastern and Southern African EPAs. However, non-reciprocal arrangements were not politically acceptable to the EC or to the ACP countries. EPAs have been justified as Regional Trade Agreements (RTAs). As the services components of the Eastern and Southern African EPAs are not yet negotiated, the analysis focuses on the goods components. Although the data currently available is not extensive, preliminary problems for compatibility emerge, including the failure to notify the agreements, the length of the transition periods, compliance with the internal requirement and the safeguard provisions. The WTO compatibility of these EPAs will depend on the extent to which the development objective introduces flexibility into the interpretation of the GATT.

The Agricultural Dimension of the ACP-EU Economic Partnership Agreements

The Agricultural Dimension of the ACP-EU Economic Partnership Agreements PDF Author: Suffyan Koroma
Publisher: Fao
ISBN:
Category : Business & Economics
Languages : en
Pages : 164

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Book Description
The African, Caribbean and Pacific (ACP) countries are facing several major sets of closely interlinked forces that are likely to have significant impacts on the development of their agriculture (including fisheries) sectors and their food security situations. The possible conclusion and outcome of both the negotiations for Economic Partnership Agreements (EPAs) under the Cotonou Agreement (with the European Union [EU]) and the World Trade Organization negotiations pose serious concerns on the future of their agricultural trade and development. This study provides an introduction to some of the most critical aspects of the agriculture and fisheries negotiations including feasible approaches and options for the ACP to ensure that their agricultural and fisheries sectors reap maximum and sustained benefits with a view towards enhancing their food security situation.

North-South Regional Trade Agreements as Legal Regimes

North-South Regional Trade Agreements as Legal Regimes PDF Author: Clair Gammage
Publisher: Edward Elgar Publishing
ISBN: 1784719625
Category : Law
Languages : en
Pages : 405

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Book Description
This book offers a critical reflection of the North-South regional trade agreements (RTAs), known as the Economic Partnership Agreements, negotiated between the EU and the African, Caribbean, and Pacific countries. Conceiving of regions as legal regimes, Clair Gammage highlights the challenges facing developing countries when negotiating RTAs with developed countries and interrogates the assumption that these agreements will and can promote sustainable development through trade.

The CARIFORUM-EU Economic Partnership Agreement

The CARIFORUM-EU Economic Partnership Agreement PDF Author: Americo Beviglia Zampetti
Publisher: Kluwer Law International B.V.
ISBN: 9041132848
Category : Law
Languages : en
Pages : 298

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Book Description
The CARIFORUM-EU Economic Partnership Agreement is a sui generis North-South trade and development agreement. The C-EPA is a bi-regional agreement, signed in Bridgetown, Barbados in October 2008, with the specific aim of supporting the sustainable development of the Caribbean. As a paradigm changer in the ACP-EU trade relationship, the C-EPA has unsurprisingly attracted considerable attention. The long process of ratification by twenty-seven EU Member States and fifteen Caribbean countries has begun, and implementation is advancing after an initial delay. This book is the first detailed analysis of the Agreement's provisions, including its negotiating history and prognosis of its future potential. It is written by fifteen Caribbean and European practitioners, most of whom actively contributed to the crafting of the Agreement as CARIFORUM or EU negotiators. The contributions cover the following: ; charting a dual approach to CARIFORUM commitments at both regional and national levels; establishing an architecture of commitments that seeks to support CARIFORUM regional integration; safeguarding Caribbean preferential access to the EU market; broadening the ambit of the Caribbean-EU relationship, as reflected in the Cotonou Agreement, into new trade disciplines; highlighting key drivers in the negotiations; addressing the CARICOM-Dominican Republic economic relationship; examining the special treatment of Haiti; and reviewing the C-EPA's compatibility with WTO rules.

Asymmetric Power Relations and International Trade Law

Asymmetric Power Relations and International Trade Law PDF Author: Inebu C Agbo-Ejeh
Publisher:
ISBN: 9781032615059
Category : Law
Languages : en
Pages : 0

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Book Description
"The book offers an analysis of the contradictions between theory and practice in the trading system. It contextualises the colonial legal structure and its impact on the peripheral countries and their participation and gain in the multilateral trading system. The book's core argument effectively situates Economic Partnership Agreements in the 'systemic' asymmetry, which characterises the relationship between developed and developing countries in global trade. It applies the idea of asymmetry to the relationship between the core countries-the EU/USA and the peripheral countries (ACP)-in the GATT, multilaterally and in the EU-ACP trade relationship, bilaterally. The book identifies that core provisions in the WTO regime such as the special and differential treatment as well as GATT Article XXIV have not lived up to expectations. Underscoring the asymmetrical participation and dominant role of former colonial powers, the book demonstrates how, although trade is generally considered a catalyst for economic growth, developed countries have safeguarded their domestic markets while exerting pressure on developing countries to liberalise and compete. The European Union has taken measures to address the development concerns of African, Caribbean, and Pacific countries through the Lomâe Conventions and Cotonou Agreement; however, these relationships still retain and reinforce colonial paternalism, evidenced by recent trade agreements. An alternative possibility-multipolarity holds promise for African countries, especially intra-African trade and critical engagement with China. The book is an invaluable resource for scholars, postgraduate students, government officials, and policymakers, as it offers a comprehensive understanding of the complexities of trade negotiations and agreements"--

The EU, World Trade Law and the Right to Food

The EU, World Trade Law and the Right to Food PDF Author: Giovanni Gruni
Publisher: Bloomsbury Publishing
ISBN: 1509916229
Category : Law
Languages : en
Pages : 249

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Book Description
In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries. This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lens of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations. This outcome appears to be at odds with international human rights law and dismissive of existing human rights references in EU-founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests. The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements and argues that the EU does have the competences and influence to uphold a role of international leadership in designing a sustainable global trading system. Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.

The New EU-ACP Partnership

The New EU-ACP Partnership PDF Author: Francis A. S. T. Matambalya
Publisher:
ISBN:
Category : Africa, Eastern
Languages : en
Pages : 92

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