Applicability of WTO Law in Regional Trade Agreements: Identifying the Links

• Main Author: HSU, Locknie
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2006
• Subjects: WTO; dispute settlement; regional trade agreements; NAFTA; case law; Vienna Convention; International Law; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/322; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma9923023502601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Regional%20Trade%20Agreements%20and%20the%20WTO%20Legal%20System&offset=0
• Institution: Singapore Management University

This chapter examines the interface between World Trade Organization (WTO) law and the large number of dispute settlement panels that can potentially exist under regional trade agreements (RTA). It argues that the interpretation of the North American Free Trade Agreement (NAFTA) and other RTA should subject to the principles of Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT). It explains that NAFTA and RTA panels are likely to seek guidance from WTO case law as a matter of practice in situations where the NAFTA or RTA directly incorporates WTO provisions.