This article presents a new interpretation of the Chapeau of Article XX of the GATT. The basis for this interpretation is a structural analysis of Article XX according to which this provision establishes a right to adopt measures for specific purposes that is subject to specific conditions set...

Market access is the most important liberalizing principle in the General Agreement on Trade in Services (GATS). It entails a general prohibition of quantitative restrictions, which however is conditional on commitments undertaken by Members in their respective Schedules of Commitments. Case-law...

Are trade facilitation measures under free trade agreements (FTAs) discriminatory? This important question has yet to be sufficiently explored by the existing literature on trade facilitation. Despite the multilateral scope and non-discriminatory objectives of trade facilitation measures, some...

The paper first surveys the Trade Facilitation landscape at the regional level and analyses the main forces shaping it. It identifies key factors driving regional Facilitation approaches, examining their priorities, features and underlying philosophies. The study also highlights significant...

We investigate to what extent the probability that a Specific Trade Concern (STC) is raised in the WTO against a Member in a given sector is affected by past reductions in applied tariffs. Employing an identification strategy based on 'new measures', we find evidence of a substitution of...

There are essentially two types of plurilateral trade agreements (PAs) among WTO Members, an exclusive and an open variant. While the benefits of the former agreements are shared among participants only, the latter are implemented on an MFN-basis, thus profiting non-signatories as well. The most...

This paper looks at market access and national treatment commitments for services in the General Agreement on Trade in Services (GATS) and in 95 regional trade agreements (RTAs) involving the countries that are covered in the OECD Services Trade Restrictiveness Index (STRI). The objective is to...

Digital trade facilitation refers to the application of modern information and communication technologies (ICTs) to simplify and automate international trade procedures. It is rapidly becoming essential to maintaining trade competitiveness and enabling effective participation in cross-border...

To date, government procurement has been effectively carved out of the main multilateral rules of the WTO system. This paper examines the systemic and other ramifications of this exclusion, from both an economic and a legal point of view. In addition to relevant elements of the WTO Agreements,...