Title

Non-Violation Complaints: WTO Issues and Recent Free Trade Agreements

Publication Type

Journal Article

Publication Date

2005

Abstract

The proliferation of free trade agreements (FTAs) in the last decade has resulted in an accompanying increase in dispute settlement regimes pertaining to those agreements. One obvious consequence is that increasingly, states are exposing themselves to such complaints, and not necessarily with the limitations that have been imposed on the at General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The inherent ambiguity surrounding non-violation complaints at the WTO, and other risks relating to such complaints, are being multiplied manifold by these FTAs. The non-violation concept appears to have originated even before the GATT came into being. Developing-country FTA parties are therefore even more vulnerable in terms of dispute settlement, under the FTAs. Issues to be expected include how non-violation nullification and impairment will be applied to benefits accruing in areas such as intellectual property rights and rules of origins.

Discipline

International Trade Law | Transnational Law

Research Areas

Law of Transnational Business

Publication

Journal of World Trade

Volume

39

Issue

2

First Page

205

Last Page

237

ISSN

1011-6702

Publisher

Kluwer

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