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Harmonizing Preferential Rules Of Origin In The Wto System, John J. Barceló Iii
Harmonizing Preferential Rules Of Origin In The Wto System, John J. Barceló Iii
Cornell Law Faculty Publications
Preferential arrangements (bilateral and multilateral free trade areas and GSP systems (preferences for developing countries)) are emerging everywhere in the world trading system and are causing concern because they discriminate against non-members and add complexity, distortions and inconsistency to the global system. Rules of origin (ROOs) linked to these arrangements are a significant part of the problem. More and more they have become the source in their own right of distortions in trade patterns, complexity, non-transparency and inconsistency. This essay argues that WTO members should authorize negotiations seeking to harmonize preferential ROOs (rules of origin linked to preferential arrangements) around …
The Status Of Wto Rules In U.S. Law, John J. Barceló Iii
The Status Of Wto Rules In U.S. Law, John J. Barceló Iii
Cornell Law Faculty Publications
Under U.S. implementing legislation and recent court decisions the WTO agreements and rulings have neither direct nor even indirect effect within the U.S. legal system. Political-economic theory can explain this result and the paradox of Congressional support (even mandate) for the more legally binding WTO dispute settlement regime that emerged from the Uruguay Round appearing side-by-side with Congressional insistence on a firewall of separation between WTO law and the U.S. legal system. It can also explain the few exceptional cases - for example, the TRIPS and Government Procurement Agreements - in which the parties adopted a form of quasi-direct effect. …