Browsing by Author "Roca Castro, Nancy Olivia"

This thesis explores the question related to the intersection of regional trade agreements with the WTO law and potential violations thereof. As a result of the research, the study concludes that the Regional Trade Agreements created pursuant to the Enabling Clause do not constitute a violation of WTO law. Historically, the WTO has been polarized between the developed countries and the developing countries, both with their own interests and demands. On the one hand developed countries foster trade liberalization in developing countries. On the other hand, developing countries request an enhanced role in global trade related issues. In an effort to solve the perpetual confrontation between the two blocks the WTO has created mechanisms such as the Enabling Clause which gives developing countries special and more-favourable treatment, allowing them to create regional trade agreements. However, these mechanisms are not free from dilemmas as some countries have raised concerns related to possible sham uses of the Enabling Clause. It is concluded that further clarity is needed with regards to the regulation of the Enabling Clause as from the analysis of the case-law, it seems that an overlap that does not contradict the current regulation of such mechanism exists.