Tesis Magíster
Wto principles and institutións. The challenge of regiónal trade agreements (rtas)
Autor
Frohmann,Alicia
University of Heidelberg
Institución
Resumen
In an attempt to treat the aforementioned subjects, this thesis is organizedaccording to the following structure:In the first chapter, 1 analyze the traditional principie of nondiscrimination as a basis for the multilateral trading system; the definition of the MFN Clause; themajor arguments in favor and against it; and its most important exceptions.In the second chapter, 1 examine the main aspects of the current WTO rules applied to regional trade agreements, such as Article XXIV of the GA TI; Article Vof the GATS, and the Enabling Clause.In the third chapter, 1 study the process of multilateralizing regionalism andits relationship with the WTO Dispute Settlement Mechanism (DSM) and the rolethat could play the WTO Appellate Body. In this part, 1 also try to analyze thesystemic problems produced by the regionalism; the nature and scope of the WTOPius agreements; the current Doha Development Round mandate and its mainsaspects related to RTAs; and the question of the institutional balance of WTOorgans concerning the action of panels and the Appellate Body.In the fourth chapter, 1 investigate the possible conflicts between RTAs andWTO norms, particularly, the legal approaches aimed at dealing with overlapping situations and the recourse to the Vienna Convention.Finally, in the fifth chapter, 1 try to demonstrate that the consensus design ofthe current WTO decision-making process is one of the main causes of the WTOparalysis concerning regionalism. 1 also mention sorne of the most interestingproposals that have been currently tabled.