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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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Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body’s Turkey—Textiles Ruling

Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body’s Turkey—Textiles Ruling

Chapter:
(p.109) 5 Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body’s Turkey—Textiles Ruling
Source:
Regional Trade Agreements and the WTO Legal System
Author(s):

Angela T. Gobbi Estrella

Gary N. Horlick

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206995.003.0006

This chapter discusses the ruling of the World Trade Organization (WTO) Appellate Body on the Turkey-Textiles case concerning import restrictions on imports textile and clothing products. It suggests that this represents the Appellate Body's first foray into the controversial interpretative issues involving the provisions governing customs unions and free trade areas (FTA) in Article XXIV of the General Agreement on Tariffs and Trade (GATT). The ruling on the case provide meaningful guidance on whether section 8 of Article XXIV should be interpreted as mandating or allowing elimination of trade remedies in RTA.

Keywords:   WTO Appellate Body, Turkey-Textiles case, import restriction, free trade areas, GATT, trade remedies, customs unions

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