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College of Law
SPECIAL ISUES IN INTERNATIONAL LAW
(International Economic Law Particularly the regime of WTO)
October 12, 2013
statement:
The law of international economic relations in its
broadest sense includes all the international law and
international agreements governing economic
transactions that cross state boundaries or that otherwise
have implications for more than one state, such as those
involving the movement of goods, funds, persons,
intangibles, technology, vessels or aircraft.
pointed out:
GATT
implemented;
Its provisions were effected rather through
PPAs Protocols of Provisional Application
(which circumvented for many jurisdictions
the constitutional requirement of
congressional ratification);
GATT 1994, on the other hand, has been dealt
with as treaty, and has been subjected to the
constitutional requirement of ratification;
The
Other
GATT principles:
There should be no prohibitions or restrictions
other than tariffs (that is, tariffs are allowed, but
limited);
Quotas are outlawed (that is, forbidden);
Subsidies on exports are frowned on (that is,
regulated);
Rules are established for customs unions and free
trade areas (state-trading mechanisms: subject to
disclosure);
What
is a tariff?
It is generally a tax imposed by the government of X
upon the importation of products from Y. Tariffs are
also called customs duties;
It is based on the value of the imported item (ad
valorem). It may, however, also be based on the
weight, the volume or unit, in which case it deals with a
specific tariff;
Technically, the importer pays the tariff as a condition
for taking the merchandise through customs;
QUOTAS
WTO
Structure:
Ministerial
Conference
It is made up of representatives of all members and
meets once every two years. It carries out the functions
of the WTO. It decides on all matters under the
multilateral agreements.
General Council
This council is composed of representatives of all
members. Since the ministerial council meets only
once every two years, the general council performs the
functions of the ministerial conference in between its
sessions. It also acts as the Dispute Settlement Board
and as the Trade Policy Review Board.
The
Decision-making
WTO
WHO
Dispute Resolution
establishes Panels;
It adopts Panel ad Appellate Body reports;
It authorizes the suspension of concessions and other obligations;
Reference
to a Panel:
The
Likewise
noted is the fact that the DSB in fulfilling its task of resolving
disagreements between member-states is called on to administer the
GATT;
Case of IB-1996-I entitled United States Standards for
Reformulated and Conventional Gasoline:
US as appellant; Brazil and Venezuela as appellees; European
communities and Norway as Third Participants;
The case had to do with the standards the United States had set
for gasoline relative to clear air which resulted in what Brazil and
Venezuela claimed to be violations of the provisions of the
General Agreement.
The Appellate Body held that the baseline establishment rules set
by the United States did not conform with the relevant provisions
of the General Agreement. It recommended that the DSB
request the United States to bring its federal regulations into
conformity with its obligations under the GATT;
Specific
ACKNOWLEDGMENT:
Introduction to Public International Law by Fr. Joacquin Bernas
Issues in Public International Law by Fr. Ranhillo Callangan Aquino;
Taada vs. Angara, GR 118295, May 2, 1997
WHO vs. Aquino, 48 SCRA 242
The End