INTERNATIONAL ECONOMIC LAW

International Economic Law



International Economic Law

International Fruit GATT rules have no direct effect.

Lateral agreements:

Multi Fibber Agreement in 1974 allows a restriction of imports. Tokyo Round: many separate agreements The WTO is very controversial, should it be reformed? An Anglo-Saxon doctrine advocated its dissolution for a new international order. In the aftermath of WWII has created the GATT signed October 30, 1947 and the agreement was originally intended to be temporary (executive agreement) and the objective was to establish quickly an IO trade. But the negotiations will fail because of opposition from the U.S. This agreement will continue and the U.S. will decide to conduct negotiations and it will be several cycles in which Uruguay Round which lasted from 1986 to 1994. This cycle ("round") began with the declaration of Punta offloading 20 September 1986 and negotiations were long and a major decision is adopted April 12, 1989 in Montreal concerning the improvement of rules and procedures for resolving disputes. What is most important in an IO is its dispute settlement system. Depending on the competence of OI will have a system for resolving disputes? The WTO has a dispute resolution system that is quasi-judicial.

On April 15, 1994 in Marrakech are signed WTO agreements establishing the WTO? This agreement will institute an IO who enjoys the PJ and the legal capacity under Article 8 The big news of the WTO lies in its judicial body that Member States may apply in case of controversy or claim to other States for breach of standards in force. The rules on dispute settlement system are listed in a memorandum of agreement that is part and parcel of the Marrakesh Agreement. This memorandum is the cornerstone of the building established at the signing of agreements... Article 3 § 2 provides that the dispute settlement body is essential to ensure the security and predictability to international trading system.

Settlement system of WTO is strictly inter-state and does not concern private persons, which has been criticized and it has been argued that the litigation of international trade is not by nature a contentious interstate. The GATT system has been criticized because the system was based mainly on the conservation interests negotiated so he rested on the reconciliation. The procedure under the GATT consisted of 2 phases:

Article 22: bilateral phase in that the parties disagreed found themselves subject to a requirement for prior consultation. There was no delay and it was a problem.

Article 23: and it was only in cases where a settlement did not intervene within a reasonable time that the second phase could be initiated and is multilateral. They may resort to mediation of the CEO and ask the parties to the GATT to meet to deal with the problem and they could they even decide to investigate and make recommendations to the States concerned or authorize the suspension of trade concessions.

In 1994 with the MOU states want to correct defects 3 of the GATT:

Excessive fragmentation of rules on the coexistence of rules ...