CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ

FROM TURKEY – TEXTILES

TO PERU – ADDITIONAL DUTY …

stanovily některé důležité zásady, týkající se vztahu mezi smluvními systémy, které nazna- čují, jak harmonicky kombinovat pravidla WTO a RTAs s hmotněprávními a instituci- onálně-procedurálními pravidly prostřednictvím uplatňování mezinárodních obyčejových pravidel pro výklad smlouv, jak je uvedeno v čl. 3 odst. 2 Ujednání o pravidlech a postupech při řešení sporů (DSU). Key words: World Trade Organization (WTO), Regional Trade Agreements, WTO case- law, Comprehensive Economic and Trade Agreement (CETA) On the Author: Elisa Baroncini is Associate Professor of International Law at the School of Law of the University of Bologna. She has been Visiting Fellow at the Law Department of the European University Institute in Fiesole, under the supervision of Professor Petros Mavroidis, she is Associate Research Fellow at the Leuven Centre for Global Governance Studies, and Visiting Professor in EU Trade Law at the China-EU School of Law in Beijing. Currently Co-Chair of the ESIL IG on International Economic Law, Elisa holds a cum laude Bologna Law Degree and a PhD in EU Law from Alma Mater Studiorum – Università di Bologna. She has been and is member and supervises various international research projects, writing extensively on International Economic Law and EU Law. She is associate editor of the China-EU Law Journal (Springer) and of the Brill Open Law – An International Journal (Brill). Her main fields of research include: WTO Law (the TBT Agreement in the WTO dispute settlement system; the consumers’ right to information in the WTO system; the relation between the WTO system and RTAs; China in the WTO dispute settlement system; WTO and climate change issues); transparency in International Economic Law; and the law of EU external relations (EU/China relations; EU/China investment negotiations; the treaty-making power of the European Commission; the European Parliament and international agreements; the delegations of the European Union). Introduction While the World Trade Organization (WTO) system 1 is the pillar of international trade, its difficulties to deepen and widen the multilateral trade discipline to meet the growing needs of a constantly more interconnected, sophisticated and articulated world economy have provoked the negotiations of many Regional Trade Agreements (RTAs), 2 in particular of 1 For the Agreement establishing the WTO and all the Multilateral and Plurilateral Marrakesh Agreements see World Trade Organization, The Legal Texts – The Results of the Uruguay Round of Multilateral Trade Negotiations , Cambridge University Press, Cambridge, 1999. 2 It has been rightly stressed that in the past the expression “Regional Trade Agreements” accurately and adequately qualified the geopolitical reality of the treaty-systems they referred to, as RTAs aimed to promote and achieve greater economic integration among adjacent countries or States belonging to the same region. However, such geographical element is not anymore a constant feature of what is commonly indicated as an RTA. In fact, previously the major and most significant RTAs were economic integration treaties like MERCOSUR (the Southern Common Market), NAFTA (the North American Free Trade Agreement), the ASEAN Free Trade Area (AFTA) Agreement. On the contrary, nowadays, in particular since the beginning of the new millennium, economic integration efforts are looked for in agreements among countries belonging to different regions -as, for example the mega-regionals quoted in the text or the United States-Colombia Trade Promotion Agreement, the India-MERCOSUR Preferential Trade Agreement, of the other agreements belonging to the new generation of Free Trade Area Agreements (FTAs) sponsored by the EU, beyond TTIP and CETA, like the EU FTAs with Singapore or Vietnam (for the texts resulting from the end of negotiations see the website of the European Commission at the link http://ec.europa.eu/trade/policy/countries-and-regions/agreements/, 1.

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