bilateral and regional trade...

23
BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading system and international trade agreements is characterised by shifts between bilateralism, regionalism and multilateralism. Bilateralism has recently returned, having gained momentum following the failed WTO negotiations at the 1999 Seattle Ministerial Conference. The result is that today’s international trade rules are now a complex web of instruments and agreements. This volume contains case studies of selected bilateral and regional free trade agreements (FTAs), covering a wide range of countries, regions and key issues such as intellectual property and agriculture. Authored by leading scholars, practitioners and governmental officials, each case study provides a comprehensive review of the negotiating history and result of the selected agreement. Each study can serve as an in-depth examination of a particular FTA, and the group of case studies can be used to compare and contrast the coverage of different FTAs or to examine the FTAs signed by a particular country. © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case Studies Edited by Simon Lester and Bryan Mercurio Frontmatter More information

Upload: others

Post on 21-May-2020

11 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

BILATERAL AND REGIONAL TRADE

AGREEMENTS

The history of the world trading system and international trade agreements is

characterised by shifts between bilateralism, regionalism and multilateralism.

Bilateralism has recently returned, having gained momentum following the

failed WTO negotiations at the 1999 Seattle Ministerial Conference. The result

is that today’s international trade rules are now a complex web of instruments

and agreements. This volume contains case studies of selected bilateral and

regional free trade agreements (FTAs), covering a wide range of countries,

regions and key issues such as intellectual property and agriculture. Authored

by leading scholars, practitioners and governmental officials, each case study

provides a comprehensive review of the negotiating history and result of the

selected agreement. Each study can serve as an in-depth examination of a

particular FTA, and the group of case studies can be used to compare and

contrast the coverage of different FTAs or to examine the FTAs signed by a

particular country.

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 2: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

BILATERAL AND REGIONAL

TRADE AGREEMENTS

CASE STUDIES

Edited by

SIMON LESTER and BRYAN MERCURIO

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 3: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

cambridge univers ity press

Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao Paulo, Delhi

Cambridge University Press

The Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York

www.cambridge.org

Information on this title: www.cambridge.org/9780521878289

ª Cambridge University Press 2008

This publication is in copyright. Subject to statutory exceptionand to the provisions of relevant collective licensing agreements,

no reproduction of any part may take place withoutthe written permission of Cambridge University Press.

First published 2008

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this Publication is available from the British Library

Library of Congress Cataloguing in Publication data

Lester, Simon.

Bilateral and regional trade agreements : case studies /

Simon Lester, Bryan Mercurio.

p. cm.

Includes bibliographical references and index.

ISBN 978-0-521-87828-9 (hbk.)

1. Commercial treaties. 2. Free trade. I. Mercurio, Bryan. II. Title.

HF1721.L47 2008

3820.9–dc22 2008012212

ISBN 978-0-521-87828-9 hardback

Cambridge University Press has no responsibility for the persistence oraccuracy of URLs for external or third-party internet websites referred toin this publication, and does not guarantee that any content on such

websites is, or will remain, accurate or appropriate.

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 4: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

CONTENTS

List of Tables page vii

Notes on Contributors viii

Acknowledgements xii

Table of Abbreviations xiii

Table of Cases xvi

Table of Treaties and International Agreements xviii

1 Introduction 1

1 Australia–United States Free Trade Agreement 6

andrew d. mitchell and tania voon

2 Central American–Dominican Republic–United States

Free Trade Agreement 44

mauricio salas

3 Chile–China Free Trade Agreement 59

luz sosa

4 European Union–Mexico Economic Partnership, Political

Coordination and Cooperation Agreement 74

bradly j. condon

5 European Free Trade Association–Southern African Customs

Union Free Trade Agreement 97

peter draper and nkululeko khumalo

6 Japan–Mexico Economic Partnership Agreement 111

bryan mercurio

v

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 5: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

7 United States–Morocco Free Trade Agreement 144

jason kearns

8 Association of Southeast Asian Nations–China Free Trade

Agreement 192

jiangyu wang

Index 226

contentsvi

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 6: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

TABLES

3.1 Table II.1 Trade between Chile and China, 1994–2003 60

4.1 Antecedents and chronology of negotiations 87

7.1 US goods trade with Morocco 147

7.2 Total apparel exports 189

vii

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 7: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

CONTRIBUTORS

Bradly J. Condon is Professor of International Trade Law at the Instituto Tecnologico

Autonomo de Mexico (ITAM) and is Senior Fellow, Tim Fischer Centre for GlobalTrade and Finance, School of Law, Bond University, Australia. Dr Condon is author or

co-author of five books and numerous academic articles on international trade law andeconomic integration. In 2006–2007, he held the position of visiting professor at thePermanent Mission of Mexico to the WTO in Geneva. He is listed inWho’s Who in the

World.

Peter Draper is Research Fellow and Head of the ‘Development Through Trade’programme at the South African Institute of International Affairs. His areas of

expertise are trade and investment policy and trade negotiations, with particularreference to the World Trade Organization, the Southern African region and South

Africa’s bilateral ties with key trading partners.He is a member of ‘Business Unity’, South Africa’s trade committee; lectures on

international business part time at Wits Business School; and is a Research Associateof the Department of Political Science at the University of Pretoria. He is a board

member and non-resident Senior Fellow of the Brussels-based European Centre forInternational Political Economy; a member of the IMD-Lausanne’s Evian groupincluding its ‘Brains Trust’; and a board member-designate of the Botswana

Institute for Development Policy Analysis.

Jason Kearns currently serves as Trade Counsel to the Committee on Ways andMeans in the US House of Representatives. In that position, he advises Members of

Congress on legislation concerning international trade and on oversight issuesinvolving the Office of the US Trade Representative and other agencies involved in

international trade policy and regulation. Before beginning his current position inOctober 2006, he served for three years in the Office of the General Counsel to the

US Trade Representative. In that position he advised negotiators on issues that aroseduring bilateral and multilateral trade negotiations and represented the United

States in several disputes in the World Trade Organization. From 2000 to 2003,Dr Kearns worked in the international trade group of Wilmer, Cutler & Pickering(now known as WilmerHale). Dr Kearns holds a Master in Public Policy from the

Kennedy School of Government at Harvard University, a Juris Doctor from theUniversity of Pennsylvania, and a Bachelor of Arts from the University of Denver.

viii

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 8: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

Nkululeko Khumalo is Senior Researcher on Trade Policy at the South African

Institute of International Affairs. He holds an LLM (cum laude) specializing ininternational trade and investment from the University of the Western Cape, South

Africa, in collaboration with Amsterdam Law School in the Netherlands. Hisexpertise is in trade facilitation, international trade and investment laws, trade in

services and trade negotiations.Since he joined SAIIA in September 2004, Mr Khumalo has managed a number of

research projects including: Trade Facilitation in the WTO and Southern Africa, andRegional Integration and Liberalization of Trade in Services in Southern Africa. Heis also involved in coordinating projects on the US–SACU FTA negotiations and

International Trade, Food Security, and GMO Regulations in Africa.

Bryan Mercurio is a Professor of Law at the Chinese University of Hong Kong and

Fellow of the Tim Fischer Centre for Global Trade & Finance. He previously held afaculty position at the University of New South Wales, where he was also the

Director of the International Trade and Development Project at the Gilbert þ TobinCentre of Public Law. Prior to entering academia, Professor Mercurio worked in

both the public and private sector and has practised international commercial lawand international trade law in the United States and Australia. More recently, he hasadvised Members of both the Australian and New Zealand Parliaments on

international trade law matters and has been a consultant on, among other issues,the Australia–United States Free Trade Agreement. Professor Mercurio has held

visiting positions at the Center for International and Comparative Law at St LouisUniversity School of Law, the George Washington University Law School, the

Institute for International Economic Law at the Georgetown University Law Centerand at the National University of Singapore. He is also on the Founding Committee

of the Society of International Economic Law.

Andrew Mitchell is a Senior Lecturer at Melbourne Law School. He graduated fromthe University of Melbourne with First Class Honours in both his Bachelor of Laws

and Bachelor of Commerce degrees. He subsequently obtained a Graduate Diplomain International Law from the University of Melbourne, a Master of Laws from

Harvard Law School, and a PhD from the University of Cambridge. His dissertationis being published by Cambridge University Press in 2008 as Legal Principles in WTO

Disputes. Dr Mitchell was previously a solicitor with Allens Arthur Robinson inAustralia and worked briefly at Davis Polk & Wardwell in New York. He has also

worked in the Trade Directorate of the Organization for Economic Cooperation andDevelopment (OECD), the Intellectual Property Division of the WTO, and the Legal

Department of the International Monetary Fund. Dr Mitchell has published innumerous journals and books on areas including WTO law, international law,international humanitarian law and constitutional law. He has taught WTO law at

the University of Melbourne, the University of Western Ontario, Bond University,

ixnotes on contributors

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 9: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

Monash University, the International Development Law Organization and theAustralian Department of Foreign Affairs and Trade.

Mauricio Salas is a partner at the law firm of BLP Abogados in San Jose, Costa Rica.He has served as Professor of International Trade at the University of Costa Rica. He

holds degrees from the University of Costa Rica (both Bachelor and JD equivalentdegrees) and from the Georgetown University Law Center (LLM). After obtaining

his LLM, Mauricio worked as an intern at the Appellate Body Secretariat ofthe World Trade Organization. He is listed in the roster of arbitrators of the

Mexico–Costa Rica free trade agreement. His work has been recognized by the Guideto the World’s Leading International Trade Lawyers and by Latin Lawyer’s LeadingInternational Trade Lawyers. Mauricio Salas is also regularly included in Chambers

Global and the International Financial Law Review.

Luz Sosa is an international legal trade adviser at the Agricultural Office in theMission of Chile to the European Union in Brussels, Belgium. Previously, she served

as a legal adviser in the Legal Affairs Division of the General Directorate ofInternational Economic Affairs of the Ministry of Foreign Affairs of Chile. While

there, she was directly involved in negotiating and implementing trade agreementson behalf of Chile, particularly in the area of dispute settlement. She was alsoinvolved in WTO dispute settlement proceedings as a member of the Chilean

delegation. Prior to her work as a trade negotiator, Mrs Sosa was an internationaltrade adviser in the Geneva office of Sidley Austin Brown & Wood LLP, where she

focused her practice in the area of international dispute resolution. Luz Sosa is aChilean lawyer and holds a Masters degree in international law and economics from

the World Trade Institute, Berne, Switzerland.

Tania Voon is a Senior Lecturer at Melbourne Law School and a former Legal

Officer of the Appellate Body Secretariat of the WTO. She completed her PhD at theUniversity of Cambridge and her Master of Laws at Harvard Law School. Sherecently authored Cultural Products and the World Trade Organization (Cambridge:

Cambridge University Press, 2007) and she has published numerous articles inleading journals on WTO law and public international law more generally. Dr Voon

teaches international economic law, including advanced courses on WTO disputesettlement as well as dumping, subsidies and safeguards in the WTO. She has

practised law with Mallesons Stephen Jacques and the Australian GovernmentSolicitor and has also worked for the United Nations in New York and the

Organization for Economic Cooperation and Development (OECD) in Paris.

Jiangyu Wang is an Associate Professor at the School of Law, the Chinese Universityof Hong Kong. He specializes in Chinese law, international economic law and

international commercial law. Before coming to Hong Kong, Dr Wang taught at theFaculty of Law of the National University of Singapore for three years where he was

notes on contributorsx

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 10: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

an Assistant Professor of Law. He practised law in the Legal Department of the Bankof China and Chinese and American law firms. He served as a member of the

Chinese delegation at the annual conference of the United Nations Commission onInternational Trade Law Conference in 1999. Dr Wang has published extensively in

Chinese and international journals and newspapers on a variety of law and politicsrelated topics. He is a member of the Chinese Bar Association and the New York Bar

Association.

xinotes on contributors

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 11: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

ACKNOWLEDGEMENTS

We would like to thank all the contributors to this volume as well as all of those whoreviewed and commented on any of the chapters. We would also like to thank the

governments from which a number of our authors are drawn for allowing them tocontribute to this volume. We are also deeply indebted to Ms Nikki Chong for

voluntarily providing countless hours of excellent research and editorial assistanceto the authors and editors.

Bryan would also like to extend his thanks to his wife, Kate for her understandingand support and to young Kieran for his timely and necessary distractions.

Simon would also like to thank his wife, Kara Leitner for her understanding and

assistance throughout the project.All information given in the case studies was correct at the time of submission by

the contributors.

xii

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 12: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

ABBREVIATIONS

ACFTA ASEAN–China Free Trade AgreementAFTA ASEAN Free Trade Area

ANZCERTA Australia New Zealand Closer Economic RelationsTrade Agreement

APEC Asia-Pacific Economic Cooperation

ASEAN Association of Southeast Asian NationsAUSFTA Australia–US Free Trade Agreement

BEE black economic empowermentBIT Bilateral Investment Treaty

BLNS Botswana, Lesotho, Namibia and SwazilandBTA Bilateral Trade Agreement

CAFTA Central American Free Trade AgreementCAFTA–DR–US Central American–Dominican Republic–US Free

Trade AgreementCAP Common Agriculture Policy

CBI Caribbean Basin InitiativeCCP Common Commercial Policy

CIE Centre for International EconomicsCRTA Committee on Regional Trade Agreements

DFAT Department of Foreign Affairs and Trade (Australia)DIRECON General Directorate of International Economic

Affairs (Chile)DSB Dispute Settlement BodyDSM Dispute Settlement MechanismDSU Understanding on Rules and Procedures Governing

the Settlement of DisputesDTI Department of Trade and IndustryEC European Communities

ECOSOC Economic and Social Council of the United NationsEC Treaty Treaty Establishing the European Communities

EEC European Economic CommunityEFTA European Free Trade Association

xiii

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 13: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

EHP Early Harvest ProgrammeEPA Economic Partnership Agreement

EU European UnionEU–SA TDCA European Union–South Africa Trade, Development

and Cooperation AgreementEU Treaty Treaty of the European UnionFDI Foreign direct investment

FIRB Foreign Investment Review Board (Australia)FTA Free Trade Agreement

FTAA Free Trade Area of the AmericasGATS General Agreement on Trade in ServicesGATT General Agreement on Tariffs and Trade

GDP Gross Domestic ProductGPA Agreement on Government Procurement (WTO)

GSP Generalized System of PreferencesHS Harmonized System

HSL Highly Sensitive ListICTSD International Centre for Trade and Sustainable

DevelopmentILO International Labour OrganizationIMF International Monetary Fund

IP Intellectual PropertyIPR Intellectual Property RightsITA Information Technology Agreement (WTO)

JETRO Japan External Trade OrganizationJMEPA Agreement between Japan and the United Mexican

States for the Strengthening of the EconomicPartnership

JSCOT Joint Standing Committee on Treaties (Australian

Parliament)MEFTA Middle East Free Trade AreaMERCOSUR Common Market of the Southern Cone

METI Ministry of Economy, Trade and Industry (Japan)MEUFTA Mexico–European Union Free Trade AgreementMFN most favoured nation

MOFA Ministry of Foreign Affairs (Japan)MRA mutual recognition agreement

NAAEC North American Agreement on EnvironmentalCooperation

NAFTA North American Free Trade Agreement

NCM non-conforming measureNFTC National Foreign Trade Council (US)

table of abbreviationsxiv

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 14: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

NT National TreatmentOECD Organization for Economic Cooperation and

DevelopmentPBS Pharmaceutical Benefits Scheme (Australia)PTA Preferential Trade Agreement

ROO rules of originRTA Regional Trade Agreement

SACU Southern African Customs UnionSCM Subsidies and Countervailing Measures

SECOF Secretarıa de Economıa (Mexico)SIECA Secretarıa de Integracion EconomicaSL Sensitive List

SME square metre equivalentSPS Sanitary and Phytosanitary

TBT Technical Barriers to TradeTIG Trade in Goods

TIS Trade in ServicesTPA Trade Promotion Agreement

TPL tariff preference levelTRIMS Trade-Related Investment Measures

TRIPS Trade-Related Aspects of IntellectualProperty Rights

TRQ tariff-rate quotaUK United Kingdom

UN United NationsUNCTAD United Nations Conference on Trade and

DevelopmentUNESCO United Nations Educational, Scientific and Cultural

OrganizationUS United States of America

USITC US International Trade CommissionUSTR United States Trade Representative

Vienna Convention Vienna Convention on the Law of Treaties of 1969WFOE wholly foreign-owned enterpriseWIPO World Intellectual Property Organization

World Bank International Bank for Reconstruction andDevelopment

WTO World Trade Organization

WTO Agreement Marrakesh Agreement Establishing the World TradeOrganization

xvtable of abbreviations

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 15: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

TABLE OF CASES

(1) Index of WTO Dispute Settlement Panel and Appellate Body Reports

Short title Full title and citation

Australia – Automotive

Leather II

Panel Report, Australia – Subsidies Provided to Producers

and Exporters of Automotive Leather, WT/DS126/R, adopted

16 June 1999, DSR 1999:III, 951

Australia – Automotive

Leather II(Article 21.5 – US)

Panel Report, Australia – Subsidies Provided to Producers and

Exporters of Automotive Leather – Recourse to Article 21.5 of

the DSU by the United States, WT/DS126/RW and Corr.1,

adopted 11 February 2000, DSR 2000:III, 1189

EC – Asbestos Panel Report, European Communities – Measures Affecting

Asbestos and Asbestos-Containing Products, WT/DS135/R and

Add.1, adopted 5 April 2001, modified by Appellate Body

Report, WT/DS135/AB/R, DSR 2001:VIII, 3305

EC – Bananas III Appellate Body Report, European Communities – Regime for

the Importation, Sale and Distribution of Bananas, WT/DS27/

AB/R, adopted 25 September 1997, DSR 1997:II, 591

EC – Sugar Subsidies Appellate Body Report, European Communities – Export

Subsidies on Sugar, WT/DS265/AB/R, WT/DS266/AB/R,

WT/DS283/AB/R, adopted 19 May 2005, DSR 2005:XIII,

6365

Japan – Film Panel Report, Japan – Measures Affecting Consumer

Photographic Film and Paper, WT/DS44/R, adopted 22 April

1998, DSR 1998:IV, 1179

Mexico – Taxes on

Soft Drinks

Panel Report, Mexico – Taxes on Soft Drinks and Other

Beverages, WT/DS308/R, adopted 24 March 2006, as modified

by the Appellate Body Report, WT/DS308/AB/R

Turkey – Textiles Appellate Body Report, Turkey – Restrictions on Imports

of Textile and Clothing Products, WT/DS34/AB/R, adopted

19 November 1999, DSR 1999:VI, 2345

US – Gasoline Appellate Body Report, United States – Standards for

Reformulated and Conventional Gasoline, WT/DS2/AB/R,

adopted 20 May 1996, DSR 1996:I, 3

xvi

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 16: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

(1) (cont.)

Short title Full title and citation

US – Lamb Appellate Body Report, United States – Safeguard Measures on

Imports of Fresh, Chilled or Frozen Lamb Meat from New

Zealand and Australia, WT/DS177/AB/R, WT/DS178/AB/R,

adopted 16 May 2001, DSR 2001:IX, 4051

US – Offset Act

(Byrd Amendment )

Appellate Body Report, United States – Continued Dumping

and Subsidy Offset Act of 2000, WT/DS217/AB/R, WT/DS234/

AB/R, adopted 27 January 2003, DSR 2003:I, 375

US – Steel Safeguards Appellate Body Report, United States – Definitive Safeguard

Measures on Imports of Certain Steel Products, WT/DS248/AB/

R, WT/DS249/AB/R, WT/DS251/AB/R, WT/DS252/AB/R,

WT/DS253/AB/R, WT/DS254/AB/R, WT/DS258/AB/R, WT/

DS259/AB/R, adopted 10 December 2003, DSR 2003:VII,

3117

(2) Index of GATT Dispute Settlement Panel Reports

Short title Full title and citation

EEC – Oilseeds I GATT Panel Report, European Economic Community – Payments and

Subsidies Paid to Processors and Producers of Oilseeds and Related

Animal-Feed Proteins, L/6627, adopted 25 January 1990, BISD 37S/86

xviitable of cases

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 17: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

TABLE OF TREATIES AND INTERNATIONAL

AGREEMENTS

(1) International Conventions and Multilateral Treaties

Short Title Long Title Status

Brussels

Satellites

Convention

Convention Relating to the

Distribution of Programme-Carrying

Signals Transmitted

by Satellite

signed at Brussels 21 May 1974; in force

25 August 1979

Budapest

Treaty

Budapest Treaty on the International

Recognition of the Deposit of

Microorganisms for the Purpose of

Patent Procedure

signed at Budapest 28 April 1977;

in force 9 August 1980; amended

26 September 1980

Cultural

Expressions

Convention

Convention on the Protection

and Promotion of the Diversity

of Cultural Expressions

adopted in Paris by the United Nations

Educational, Scientific and Cultural

Organization (UNESCO) on 20 October

2005; in force 18 March 2007

Geneva Act Hague Agreement Concerning

the International Registration

of Industrial Designs

adopted in Geneva 2 July 1999;

in force 23 December 2003

ILO

Declaration

International Labour Organization

Declaration on Fundamental

Principles and Rights at Work

adopted in Geneva by the General

Conference of the International Labour

Organization (ILO) during its 86th

Session on 18 June 1998

Madrid

Protocol

Protocol Relating to the Madrid

Agreement Concerning the

International Registration

of Marks

adopted in Madrid 27 June 1989;

in force 1 December 1995

PCT Patent Cooperation Treaty signed at Washington 19 June 1970; in

force 21 January 1978; amended

2 October 1979; modified 3 February

1984 and 3 October 2001; in force

1 April 2002

xviii

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 18: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

(1) (cont.)

Short Title Long Title Status

PLT Patent Law Treaty adopted in Geneva 1 June 2000; in force

28 April 2005

TLT Trademark Law Treaty adopted in Geneva 27 October 1994; in

force 1 August 1996

UPOV International Convention for the

Protection of New Varieties of

Plants (Union internationale pour

la protection des obtentions vegetales)

adopted in Paris 2 December 1961; in

force 10 August 1968; revised at Geneva

19 March 1991; in force 24 April 1998

Vienna

Convention

Vienna Convention on the

Law of Treaties

signed at Vienna 23 May 1969; in force

27 January 1980

WCT WIPO Copyright Treaty adopted in Geneva by the Diplomatic

Conference on 20 December 1996; in

force 6 March 2002

WPPT WIPO Performances and

Phonograms Treaty (1996)

adopted in Geneva by the Diplomatic

Conference on 20 December 1996; in

force 20 May 2002

xixtable of treaties and international agreements

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 19: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

(2) GATT/WTO Agreements

Short Title Full Title Status/Source

Agriculture

Agreement

Agreement on Agriculture Annex 1A of the WTO

Agreement

Anti-dumping

Agreement

Agreement on Implementation of

Article VI of the General Agreement

on Tariffs and Trade 1994

Annex 1A of the WTO

Agreement

Customs Valuation

Agreement

Agreement on Implementation of

Article VII of the General

Agreement on Tariffs and Trade

1994

Annex 1A of the WTO

Agreement

DSU Understanding on Rules and

Procedures Governing the Settlement

of Disputes

Annex 2 of the WTO Agreement

GATS General Agreement on Trade in

Services

Annex 1B of the WTO

Agreement

GATT 1947 General Agreement on Tariffs

and Trade 1947

signed 30 October 1947;

in force 1 January 1948

GATT 1994 General Agreement on Tariffs

and Trade 1994

Annex 1A of the WTO

Agreement

GPA 1994 Agreement on Government

Procurement 1994

Annex 4(b) of the WTO

Agreement

Safeguards

Agreement

Agreement on Safeguards Annex 1A of the WTO

Agreement

SCM Agreement Agreement on Subsidies and

Countervailing Measures

Annex 1A of the WTO

Agreement

SPS Agreement Agreement on the Application of

Sanitary and Phytosanitary

Measures

Annex 1A of the WTO

Agreement

TBT Agreement Agreement on Technical Barriers

to Trade

Annex 1A of the WTO

Agreement

TRIMS Agreement Agreement on Trade-Related

Investment Measures

Annex 1A of the WTO

Agreement

TRIPS Agreement Agreement on Trade-Related Aspects

of Intellectual Property Rights

Annex 1C of the WTO

Agreement

WTO Agreement Marrakesh Agreement Establishing

the World Trade Organization

signed 15 April 1994;

in force 1 January 1995

table of treaties and international agreementsxx

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 20: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

(3)PreferentialTradeAgreements

Short

Title

LongTitle

CurrentParties

(ormem

bership

immediately

priorto

extinction

(unless

otherwiseindicated))

Status

ANZCERTA

(alsoreferred

toasCER)

Australia–New

ZealandCloser

Economic

RelationsTrade

Agreement

Australia,

New

Zealand

signed

28March

1980;in

force

1January1983

AUSFTA

Australia–United

StatesFreeTrade

Agreement

Australia,

United

States

signed

18May

2004;in

force

1January2005

CAFTA–DR–US

Central

America–Dominican

Republic–United

StatesFreeTrade

Agreement

CostaRica,

Dominican

Republic,

ElSalvador,Guatem

ala,

Honduras,Nicaragua,

United

States

signed

5August2004;in

force1March

2006(ElSalvador,United

States),

1April2006(H

onduras,Nicaragua),

1July

2006(G

uatem

ala),

1March

2007(D

ominican

Republic)

Canada–CostaRicaFTA

Canada–CostaRicaFree

TradeAgreement

Canada,

CostaRica

signed

23April2001;in

force

1November

2002

Chile–ChinaFTA

Chile–ChinaFreeTradeAgreement

Chile,China

signed

18November

2005;in

force

1October

2006

EFTA–SACU

FTA

EFTA–SACU

FreeTrade

Agreement

EFTAStates,

SACU

States

signed

26June2006;notyetin

force

EU/EC/EEC/European

Treaty

TreatyoftheEuropeanUnion/

TreatyEstablishingtheEuropean

Communities

Austria,

Belgium,Bulgaria,

Cyprus,Czech

Republic,

Denmark,Estonia,Finland,

France,Germany,

Greece,

Hungary,Ireland,Italy,

Latvia,

Lithuania,Luxembourg,Malta,

Netherlands,Poland,Portugal,

Romania,Slovakia,Slovenia,

Spain,Sweden,United

Kingdom

EEC(TreatyofRome):signed

25

March

1957;in

force25March

1957;

EU

(MaastrichtTreaty):signed

7

February1992;in

force1November

1993;EU

Enlargem

ent(25):accession

1May

2004;EU

Enlargem

ent(27):

accession1January2007

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 21: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

(3)(cont.)

Short

Title

LongTitle

CurrentParties

(ormem

bership

immediately

priorto

extinction

(unless

otherwiseindicated))

Status

EU–MexicoFTA(also

referred

toasMEUFTA

orGlobal

Agreement)

EuropeanUnion–Mexico

Economic

Partnership,Political

CoordinationandCooperation

Agreement

EuropeanUnion,Mexico

signed

8Decem

ber

1997;

inforce1March

2001

EU–MoroccoAA

EuropeanUnion–Morocco

AssociationAgreement

EuropeanUnion,Morocco

signed

26February1996;

inforce1March

2000

EU–SATDCA

EuropeanUnion–South

Africa

Trade,Developmentand

CooperationAgreement

EuropeanUnion,

South

Africa

signed

11October

1999;

partially

inforce1January2000,

fullyin

force1May

2004

FTAA

FreeTradeAreaoftheAmericas

AntiguaandBarbuda,

Argentina,

Baham

as,Barbados,Belize,

Bolivia,

Brazil,Canada,

Chile,

Colombia,CostaRica,

Dominica,

Dominican

Republic,Ecuador,El

Salvador,Grenada,

Guatem

ala,

Guyana,Haiti,Honduras,Jamaica,

Mexico,Nicaragua,

Panam

a,

Paraguay,Peru,St.Kitts

and

Nevis,StLucia,StVincentandthe

Grenadines,Surinam

e,Trinidad

andTobago,United

States,

Uruguay,Venezuela

Ministerial

DeclarationofMiami,

8th

Ministerial

Meeting,

adopted

20November

2003

Japan–Brunei

EPA

Japan–Brunei

Economic

Partnership

Agreement

Brunei,Japan

signed

18June2007;

notyetin

force

Japan–ChileEPA

Japan–ChileEconomic

Partnership

Agreement

Chile,Japan

signed

27March

2007;

inforce3September

2007

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 22: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

Japan–Indonesia

EPA

Japan–Indonesia

Economic

Partnership

Agreement

Indonesia,Japan

signed

20August

2007,

notyetin

force

Japan–MalaysiaEPA

Japan–MalaysiaEconomic

Partnership

Agreement

Japan,Malaysia

signed

13Decem

ber

2005;in

force

13July

2006

Japan–MexicoEPA

Japan–MexicoEconomic

Partnership

Agreement

Japan,Mexico

signed

17September

2004;in

force

1April2005

Japan–Philippines

EPA

Japan–Philippines

Economic

Partnership

Agreement

Japan,Philippines

signed

8September

2006;notyetin

force

Japan–Singapore

EPA

Japan–Singapore

New

-Age

Economic

Partnership

Agreement

Japan,Singapore

signed

13January2002;in

force

30November

2002

Japan–ThailandEPA

Japan–ThailandEconomic

Partnership

Agreement

Japan,Thailand

signed

3April2007;in

force

1November

2007

NAFTA

NorthAmerican

FreeTrade

Agreement

Canada,

Mexico,

United

States

signed

17Decem

ber

1992;in

force

1January1994

NorthAmerican

Agreementon

EnvironmentalCooperation(N

AAEC)

signed

14September

1993;in

force

1January1994

Singapore–AustraliaFTA

Singapore–AustraliaFree

TradeAgreement

Australia,

Singapore

signed

17February2003;

inforce28July

2003

Thailand–AustraliaFTA

Thailand–AustraliaFree

TradeAgreement

Australia,

Thailand

signed

5July

2004;in

force

1January2005

US–ChileFTA

United

States–ChileFree

TradeAgreement

Chile,United

States

signed

6June2003;in

force

1January2004

US–Colombia

TPA

United

States–Colombia

TradePromotionAgreement

Colombia,United

States

signed

22November

2006;

notyetin

force

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information

Page 23: BILATERAL AND REGIONAL TRADE AGREEMENTSassets.cambridge.org/97805218/78289/frontmatter/9780521878289_front... · BILATERAL AND REGIONAL TRADE AGREEMENTS The history of the world trading

(3)(cont.)

Short

Title

LongTitle

CurrentParties

(ormem

bership

immediately

priorto

extinction

(unless

otherwiseindicated))

Status

US–Israel

FTA

United

States–Israel

Free

TradeAgreement

Israel,United

States

signed

22April1985;in

force

1September

1985

US–Jordan

FTA

United

States–Jordan

FreeTradeAgreement

Jordan,United

States

signed

24October

2000;in

force

17Decem

ber

2001

US–MoroccoFTA

United

States–Morocco

FreeTradeAgreement

Morocco,United

States

signed

15June2004;in

force

1January2006

US–Singapore

FTA

United

States–Singapore

FreeTradeAgreement

Singapore,United

States

signed

6May

2003;in

force

1January2004

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-87828-9 - Bilateral and Regional Trade Agreements: Case StudiesEdited by Simon Lester and Bryan MercurioFrontmatterMore information