World Trade Law: Contemporary Issues and Concerns

It is obvious that Article XXIV is one the most important gatt provision regarding ftas. In this article is mentioned that ftas should have four important features: (1) duties and other restrictive commercial regulations must be eliminated; (2) substantially all trade must be covered; (3) external tariffs and commercial regulations – that is, measures applicable to non-parties – may not be higher or more restrictive than those in effect before the FTA or interim agreement was concluded; and (4) interim agreements must contain a plan and schedule to achieve these goals within reasonable period of time. Even though the GATT requires that FTAs eliminate tariffs

and restrictive regulations, it allows FTA parties to apply tariffs, restrictions that are inconsistent with  GATT articles, “where necessary.”.It seems that all factors considered in this article properly, but in practice this article is fragmented and needs clear interpretation.

I will start the essay with the features of fta specially regarding Turkey. I use Turkey as a model to consider to the relations of ftas and wto trade system. Then I try to compare two systems under ftas and gatt and try to find out where they work similarly and where they work parallel.

Table of Contents

Introduction

I. Features of ftas

A. Free movement of goods

B.Import restrictions

1.Custom  duties and charges with equivalent effect

2. The Turkey-Textiles case

3. Exceptions of FTAS

B.Common external tariff

1. Export restrictions

C.Standardization

1.Elimination of technical barriers

2. Sanitary and phitosanitary

D.Preferential tariff policy

E.Agriculture products

F.Rules of origin

G.Safeguards

II.Conclusion

A. Lack of clear legal system under wto for ftas

B.Clariffication of art.xxiv

C.Conflicts between developing and develped countries

D.solution

Bibliography