Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2014

Abstract

As a highly compromising and flexible agreement, the Agreement on Trade Facilitation (hereinafter “TFA” or “the agreement”) may shed light on the future direction of the world trade regime. Going beyond the tariffs and border, the agreement is featured with good governance requirements. Its delicate relationship with free trade agreements (hereinafter “FTAs”), the domestic law, and existing World Trade Organization (hereinafter “WTO”) agreements deserves attention and carries important implications. What is the relationship between of the TFA and non-WTO rules? How do existing WTO agreements apply to the TFA explicitly or implicitly? What is the interpretative challenge? In addressing these issues, the holistic approach is needed. It remains to be seen how the TFA fits to the world trade regime in the future.

Keywords

trade facilitation, interpretation, good governance, non-trade concerns, FTAs, implicit application, explicit application

Discipline

International Trade Law

Research Areas

Public International Law, Regional and Trade Law

Publication

Asian Journal of WTO and International Health Law and Policy

Volume

9

Issue

2

First Page

445

Last Page

476

ISSN

1819-5164

Publisher

National Taiwan University Press

Copyright Owner and License

Publisher

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