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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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Do Rules of Origin in Free Trade Agreements Comply with Article XXIV GATT?

Do Rules of Origin in Free Trade Agreements Comply with Article XXIV GATT?

Chapter:
(p.149) 6 Do Rules of Origin in Free Trade Agreements Comply with Article XXIV GATT?
Source:
Regional Trade Agreements and the WTO Legal System
Author(s):

José Antonio Rivas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206995.003.0007

This chapter examines whether rules of origin in free trade agreements (FTA) are in compliance with Article XXIV of the General Agreement on Tariffs and Trade (GATT). It argues that FTA rules of origin qualify as ‘other regulations of commerce’ (ORC) and should therefore satisfy the conditions for ORC set forth in Article XXIV. It discusses the distinction between rules of origin that are overly restrictive and neutral rules of origin which do not add an extra and unlawful layer of protection to the already permitted tariff differentials between the Most Favoured Nation (MFN) tariffs and the FTA tariffs.

Keywords:   rules of origin, free trade agreements, GATT, ORC, Most Favoured Nation, tariff differentials

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