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Full-Text Articles in Law

The U.S.-Ec Dispute Over Customs Matters: Trade Facilitation, Customs Unions, And The Meaning Of Wto Obligations, Daniel H. Erskine Feb 2007

The U.S.-Ec Dispute Over Customs Matters: Trade Facilitation, Customs Unions, And The Meaning Of Wto Obligations, Daniel H. Erskine

Daniel H. Erskine

The article addresses a current WTO dispute between the United States and the European Communities on selected customs matters. The article discusses the necessity for a uniform WTO agreement on trade facilitation, as well as analyzes the apparent inconsistency between the General Agreement on Tariffs and Trade (GATT) Article X’s mandate for WTO Members to uniformly, impartially, and reasonably administer municipal customs laws and Article XXIV’s allowance of individual members of a customs union to substantially apply common commercial regulations and laws in relation to non-members of the customs union. The article concludes that an agreement between WTO Members on …


Resolving Trade Disputes, The Mechanisms Of Gatt/Wto Dispute Resolution, Daniel H. Erskine Feb 2004

Resolving Trade Disputes, The Mechanisms Of Gatt/Wto Dispute Resolution, Daniel H. Erskine

Daniel H. Erskine

The World Trade Organization’s Dispute Settlement Body grew out of decades of experience and the frustrations of sovereign nations regarding the method of settling international conflicts between states over tariff and trade issues. This article discusses the historical development of the World Trade Organization’s dispute resolution system. The first section analyzes a number of agreements and proposals entered into and put forward during the period from 1947 through 1990. The second section addresses the instrument which inaugurates the World Trade Organization’s current dispute settlement procedure and further describes a number of submissions by nations for improvements to the mechanism.