Vidus D. —
Certain problems in activity of the Committee on Regional Trade Agreements
// International Law and International Organizations. – 2019. – ¹ 1.
– P. 40 - 44.
DOI: 10.7256/2454-0633.2019.1.26208
URL: https://en.e-notabene.ru/mpmag/article_26208.html
Read the article
Abstract: Discussions regarding the impact of regional trade agreements (RTA) have exceeded the framework of theoretical polemics long ago. RTA are of great importance for the international trade overall. Yet there are multiple gaps in legal regulation of the questions concerning execution and effect of the regional trade agreements that should be addressed. One of such gaps is the functioning of the Committee on Regional Trade Agreements (CRTA). The relationship between RTA and WTO, which are the object of this article, carry a horizontal character that affects the international trade overall. Despite the fact that the states engaged in RTA reduced the functions of CRTA to mere formality, the Committee on Regional Trade Agreements, which manifests as a subject of this research, remains a significant element within the system of WTO. The conclusion is made on the need for amending legal regulation of the activity of CRTA for increasing its efficiency, which would have a positive impact upon the international trade system. The author suggest specific formulization of the Articles GATT-94 that are essential for filling the gaps.
Vidus D. —
Do the regional trade agreements violate the WTO’s MFN regime per se?
// Law and Politics. – 2017. – ¹ 12.
– P. 62 - 69.
DOI: 10.7256/2454-0706.2017.12.42965
URL: https://en.e-notabene.ru/lamag/article_42965.html
Read the article
Abstract: This article explores the relations between the regional trade agreements (RTAs) signed within the framework of the WTO or by WTO. To examine the object of relationship between RTAs and WTO, the subjects of the research are the regime of most favoured nation (MFN), regional trade agreements, as well as the legal nature of the WTO and responsibilities it sets. The author creates a visual example to demonstrate how countries violate the regime of MFN using RTAs. The work explores the practice of the Dispute Settlement Body of the WTO on this issue, as well as provides theoretical substantiation on why signing RTAs does not mean violating the law of WTO de lege lata. Theoretical conclusions of some of the research leads the author to conclude that regional trade agreements represent lex posterior or lex specialis with regards to responsibility of the states before WTO.