Javascript must be enabled to continue!
Customs Unions under the Enabling Clause
View through CrossRef
This paper examines how developing countries establish Customs Unions (CUs) under the Enabling Clause, implementing internal trade liberalization and Common External Tariffs (CETs). Although these CUs aim to create single markets, they often face challenges such as incomplete CETs and unilateral deviations from agreed CETs due to domestic policy considerations. While countries prefer the Enabling Clause as a legal basis due to its greater flexibility compared to GATT Article XXIV, legal inconsistencies arise when CETs exceed bound tariff commitments under GATT Article II. The Enabling Clause does not provide legal justification for such inconsistencies with GATT obligations. To address this gap, CUs formed under the Enabling Clause adopt various strategies to establish an additional legal basis: submitting new notifications under GATT Article XXIV, referencing Article XXIV in founding treaties, or invoking GATT Article XXIV:6 to renegotiate tariff concessions. These adaptations reflect developing countries’ efforts to preserve the flexibility afforded by the Enabling Clause while conforming to broader GATT obligations.
Title: Customs Unions under the Enabling Clause
Description:
This paper examines how developing countries establish Customs Unions (CUs) under the Enabling Clause, implementing internal trade liberalization and Common External Tariffs (CETs).
Although these CUs aim to create single markets, they often face challenges such as incomplete CETs and unilateral deviations from agreed CETs due to domestic policy considerations.
While countries prefer the Enabling Clause as a legal basis due to its greater flexibility compared to GATT Article XXIV, legal inconsistencies arise when CETs exceed bound tariff commitments under GATT Article II.
The Enabling Clause does not provide legal justification for such inconsistencies with GATT obligations.
To address this gap, CUs formed under the Enabling Clause adopt various strategies to establish an additional legal basis: submitting new notifications under GATT Article XXIV, referencing Article XXIV in founding treaties, or invoking GATT Article XXIV:6 to renegotiate tariff concessions.
These adaptations reflect developing countries’ efforts to preserve the flexibility afforded by the Enabling Clause while conforming to broader GATT obligations.
Related Results
Envisioning Originalism Applied to Bioethics Cases
Envisioning Originalism Applied to Bioethics Cases
Photo ID 123697425 © Alexandersikov | Dreamstime.com
Abstract
Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict...
SUBORDINATE CLAUSES IN ADULTERY NOVEL
SUBORDINATE CLAUSES IN ADULTERY NOVEL
A subordinate clause (dependent clause) is a clause that cannot stand alone as a complete sentence because it does not express a complete thought. It explains and gives more inform...
SYSTEM ANALYSIS OF QUALITY ASSURANCE OF CUSTOMS AND LOGISTICS SERVICE OF GOODS OF DIFFERENT NOMENCLATURE DURING INTERNATIONAL TRANSPORTATION
SYSTEM ANALYSIS OF QUALITY ASSURANCE OF CUSTOMS AND LOGISTICS SERVICE OF GOODS OF DIFFERENT NOMENCLATURE DURING INTERNATIONAL TRANSPORTATION
Aim. The study intends to optimize customs clearance formalities for goods of various nomenclature in the territory of customs checkpoints of freight customs complexes. The propose...
Ekonomika bosanskih velikaša u 14. i 15. stoljeću
Ekonomika bosanskih velikaša u 14. i 15. stoljeću
The role and significance of the Bosnian nobility in the historical currents of medieval Bosnia can be reliably traced in the 14th and 15th centuries when various socio-political f...
CUSTOMS CLEARANCE OF ENERGY SOURCES IMPORTS
CUSTOMS CLEARANCE OF ENERGY SOURCES IMPORTS
Background. The high share of imported energy resources in the structure of the fuel and energy complex reduces the level of energy security. Ukraine is 85% dependent on imports of...
Protecting and organising the apartheid and post-apartheid precarious municipal workforce: the Cape Town Municipal Workers Association and the South African Municipal Workers Union in Cape Town
Protecting and organising the apartheid and post-apartheid precarious municipal workforce: the Cape Town Municipal Workers Association and the South African Municipal Workers Union in Cape Town
The contemporary, global expansion of precarious employment poses key challenges for unions based on workers in full-time, stable employment (i.e. workers in the so-called “Standar...
Quantifying clause chains in Nungon texts
Quantifying clause chains in Nungon texts
AbstractClause chains are sequences of clauses with under-specified verbal predicates, plus a single clause with a fully-specified verbal predicate. Clause chains represent the mor...
CUSTOMS LOGISTICS: CONCEPTS, FUNCTIONS, FEATURES
CUSTOMS LOGISTICS: CONCEPTS, FUNCTIONS, FEATURES
The article investigates the approaches to the definition of the term customs logistics. It is established that there is no generally accepted point of view on the content of the c...

