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Regional Trade Agreements and the WTO Legal System$
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Lorand Bartels and Federico Ortino

Print publication date: 2006

Print ISBN-13: 9780199206995

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199206995.001.0001

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Overlaps and Conflicts of Jurisdiction between the World Trade Organization and Regional Trade Agreements

Overlaps and Conflicts of Jurisdiction between the World Trade Organization and Regional Trade Agreements

Chapter:
(p.465) 20 Overlaps and Conflicts of Jurisdiction between the World Trade Organization and Regional Trade Agreements
Source:
Regional Trade Agreements and the WTO Legal System
Author(s):

Kyung Kwak

Gabrielle Marceau

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206995.003.0021

This chapter examines the jurisdictional conflicts and overlaps between the World Trade Organization (WTO) and regional trade agreements (RTA). It analyses the horizontal allocation of judicial jurisdiction between RTA and the WTO, as expressed in the dispute settlement provisions of each treaty. This chapter concludes that there appears to be no legal solution for a situation where two members are faced with two treaties that contain overlapping and potentially conflicting jurisdictions.

Keywords:   dispute settlement, WTO, regional trade agreements, judicial jurisdiction, trade disputes, trade regulation

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