2004 Fiscal Year Final Research Report Summary
Designing of Regional Trade Agreement under the WTO System
| Project/Area Number |
14520039
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Osaka City University |
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Principal Investigator |
TAIRA Satoru Osaka City University, Graduate School of Law, Professor (20163149)
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| Project Period (FY) |
2002 – 2004
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| Keywords | regional trade agreement / free trade area / custom union / regional economic integration / WTO / GATT / regionalism / NAFTA |
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| Research Abstract |
The purpose of this study is to consider an interface problem between globalism and regionalism as follows : how should we design a regional trade agreement (RTA) under the WTO System? This study has an important significance for Japan as her government has already concluded several economic partnership agreements and is obliged to assure their consistency with the WTO law. This study examined first the theoretical foundation of and the legal condition for the permission of concluding a RTA between subsets of WTO members under the WTO Agreement, while the WTO itself aims at constructing a free trade system at the global level. Second, as such an interface problem it examined problems arisen by overlap of dispute settlement procedures between the WTO and a RTA. To put it concretely, this study dealt with a problem of choice of law : which agreement should be applied, and also a problem of choice of forum : which dispute settlement procedure should have jurisdiction, when a matter is regulated at the same time by the RTA and the WTO Agreement. This study came to the conclusion that the dispute settlement procedure currently adopted by many RTAs could not necessarily resolve overlaps and conflicts with one of the WTO and thus they should be redesigned. However, this study could propose no more than the judicial comity by each forum for the avoidance of such a conflict. It needs more research to propose more concretely how to redesign the dispute settlement procedure of the RTA. To focus on the dispute settlement procedure is important and related to the entire provisions of the RTA. Thus this study did so indeed, but it left another important problems concerning the design of positive provisions of the RTA. This study will continue to do research to consider such problems.
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[Journal Article] EU2002
Author(s)
Taira, Satoru
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Journal Title
Boeki to Kanzei(Trade and Tariffs) 50-11
Pages: 46-47
Description
「研究成果報告書概要(欧文)」より
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[Book] 国際法2011
Author(s)
浅田正彦編
Publisher
東信堂(未定)
Description
「研究成果報告書概要(和文)」より
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