10.1093/law/9780192871626.003.0021">
 
Multilateral Rules and the Legality of Regional Integration

Multilateral Rules and the Legality of Regional Integration

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Description

Published as Chapter 21 in The International Law of Economic Integration, Julien Chaisse & Christoph Herrmann, eds. (Oxford University Press 2025).

This chapter discusses the multilateral rules that are relevant to regional integration. In particular, it documents the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) provisions that relate to free trade agreements (FTAs) under the GATT and General Agreement on Trade in Services, customs unions, and preferential trade agreements, referred to as ‘FTAs’ where discussed collectively. The chapter highlights not only the rules themselves but also ways in which the rules are inadequate or do not function as the drafters intended. In addition, the chapter addresses a number of WTO panel and Appellate Body decisions that clarify aspects of the legal interplay between FTAs and the multilateral rules. Throughout, the chapter offers commentary on the efficacy of the applicable rules and identifies areas in which the rules require further clarification.

Publication Date

5-29-2025

Publisher

Oxford University Press

First Page

318

Last Page

334

Keywords

World Trade Organization, free trade agreements, customs unions, CUs, Enabling Clause, preferential trade agreements

Disciplines

International Trade Law | Law

Comments

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Multilateral Rules and the Legality of Regional Integration

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