Recently, the number of regional trade agreements (RTAs) such as customs unions (CU) and free-trade agreements (FTA) is increasing rapidly with the trend of regionalism. However, GATT Article XXIV grants an exception from the rule for these RTAs to pr...
Recently, the number of regional trade agreements (RTAs) such as customs unions (CU) and free-trade agreements (FTA) is increasing rapidly with the trend of regionalism. However, GATT Article XXIV grants an exception from the rule for these RTAs to promote the members to be more multilateralized with the first step of exchanging a most extensive set of positive preferences only among the certain parties. Also, the speed and efficiency of RTAs may contribute to stimulate further multilateral liberalization. To make this exception as a building block to the multilaterally liberal trade, WTO members should make their RTAs consistent with WTO rules, especially GATT Article XXIV for trades in goods.
On the other hand, WTO members ruled many provisions related to trade remedies in their RTAs. Some of these regulations are created to prevent any abuse of the remedy measures which is officially admitted by WTO but often being overused as de facto trade barriers. Nevertheless, GATT Article XXIV lacks explicit statement to decide whether some trade remedies can be applied among the parties of a RTA. Neither is there a clear reference to trade remedies in the provision. With the result of the interpretations, the applicability of trade remedies between RTA parties depends on the various arguments.
However, for the multilateral economic liberalization, which is the final goal or the WTO, RTAs should contribute to this trend and be a building bloc. Unless this contribution of RTAs to the multilateral system, they are not to be accepted as an exception to the most basic principle of the WTO, the MFN treatment principle. With this view, abolition or limiting trade remedies only to the RTA parties by a WTO member country would be against multilateralism, triggering adverse effect on the others such as trade diversion.
Also, it is important to remember the purpose of trade remedies. The measures are allowed to be taken only for the soft-landing to the trade liberalization which should be taken temporarily, not permanently. The reason why other WTO rules as well as GATT demand strict requirement to take these trade remedies is the reflection of this purpose of trade remedies. Thus, abolition and preferential application of trade remedies only for RTA parties are against this goal of soft-landing.
Following the internal and external RTA conditions set out in GATT Article XXIV and other WTO rules related to trade remedies, there should be a consistent application of trade remedies regardless of the RTA relationship, due to the pretext for RTA and trade remedies exceptions in the WTO. Even though there are no case directly referring to this problem - abolition between RTA parties - and no Appellate Body ruling exactly solving the arguments, the issue should be studied further with the trend of increasing RTAs. For the final goal of the WTO, the multilateral trade liberalization, interpretations and applications of related WTO rules on the issues must be consistent with this goal. Therefore, RTA exception cannot justify the preferential application of trade remedies in RTAs.