Law of the WTO – DQ1

Write Essay on the following:

International trade law consists of numerous bilateral or regional trade agreements and, in addition, multilateral trade agreements such regional trade agreements. Van den Bossche comments that the law of the WTO is a complex set of rules dealing with trade in goods and services and the protection of intellectual property rights. WTO law addresses a broad spectrum of issues, ranging from tariffs, import quotas and customs formalities to compulsory licensing, food safety regulations and national security measures. Given this context:

– What are the five groups of basic rules and principles within WTO law?
– Which is the most important group of basic rules?
– Do these basic rules operate to create a fair and efficient trade in goods and services?

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Textbook:

Van den Bossche, P. (2008) The Law and Policy of the World Trade Organization: Text, Cases and Materials, 2nd Edition, Cambridge University Press. Sections 1.3-1.5 and2.2.1-2.3
Sections 1.3-1.5 discuss the need for and existence of international rules for international trade, and the basic rules and disciplines of the World Trade Organisation (WTO) law. They also review the sources of WTO law and explore the relationship between WTO law and international law, and between WTO law and national law.

Sections 2.2.1-2.3 outline the history of the General Agreement on Tariffs and Trade (GATT), which began in December 1945 when the United States invited its wartime allies to enter into negotiations to conclude a multilateral agreement for the reciprocal reduction of tariffs on trade in goods. They also discuss the Uruguay Round negotiations, which cover, inter alia, trade in goods (including trade in agricultural products and trade in textiles) and services, and the role of the WTO, which was formally established and became operational on 1 January 1995 when the WTO Agreement entered into force.