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World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania
Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021.
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University of Pretoria
2021
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| _version_ | 1867613668041031680 |
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| access_status_str | Open Access |
| author2 | Oluyeju, Femi |
| author_browse | Oluyeju, Femi |
| author_facet | Oluyeju, Femi |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/82895 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:48.175Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/82895 World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania Oluyeju, Femi victormutasi@gmail.com Mutasi, Victor Article XXIV of GATT, EAC, SADC, AfCFTA, Tanzania UCTD Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. WTO provides the bedrock of international trade law. Thus, it supports open and predictable trade. Regional trade arrangements have become an accepted channel for trade development, consequently, they are recognised by WTO under article XXIV of GATT and the Enabling Clause. Most RIs are brought about by regional trade arrangements. The most common forms of RI are CUs and FTAs. WTO legal framework on RTAs in CUs and FTAs with regards to trade in goods are governed by the Text of Article XXIV GATT. Tanzania has three RTAs – EAC, SADC and AfCFTA. The focus of this study is on two – EAC and SADC. Tanzania is in a multilateral preferential trade arrangement that is inconsistent with WTO requirements on RTAs. That is to say, Tanzania as a member of EAC which is a CU implies that she has to comply with WTO requirements on RTAs as provided for under article XXIV of GATT. The major being to enter into trade agreements collectively with other members of CU and not individually, since they operate as a single customs territory with a common external trade regime. However, Tanzania is both a member of a CU – EAC and a member of an FTA – SADC to the exclusion of other members of CU. WTO members are required to notify WTO upon the formation of RTAs so that the same can be examined by the Committee on RTAs. However, the Committee has enjoyed little success in assessing the consistency of the RTAs notified to WTO over the years. Therefore, functions of the Committee should be reviewed to serve as a forum for notification and provision of clarity on RTAs to WTO members on the basis of a factual presentations by WTO Secretariat. Due to multiple memberships of member states in various RECs, both EAC and SADC use RoO to determine whether goods originate from partner states in order to qualify for community preferential treatment. The administration of EAC CET faces a number of challenges including the lack of a customs authority at the regional level that would ensure uniformity in the management of CU. Another setback in the implementation of the CET is multiple memberships of member states where preferential treatment is still extended to other RECs despite a restricting provision and existence of CU, thus, eroding the gains of such union. This is brought about by problems in drafting Treaties where partner states exploit loopholes, for instance, Protocol on EACCU does not prohibit EAC member states from maintaining trade arrangements they had prior to the formation of CU or signing individual agreements thereafter such as FTAs. This became evident in the ratification of AfCFTA Agreement. Charles Okehalam Scholarship Centre for Human Rights LLM (International Trade and Investment Law in Africa) Unrestricted 2021-11-30T05:50:43Z 2021-11-30T05:50:43Z 2021-12-10 2021 Mini Dissertation Mutasi, V 2021, World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade: The case of Tanzania, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd http://hdl.handle.net/2263/82895 D2021 http://hdl.handle.net/2263/82895 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Article XXIV of GATT, EAC, SADC, AfCFTA, Tanzania UCTD World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania |
| title | World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania |
| title_full | World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania |
| title_fullStr | World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania |
| title_full_unstemmed | World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania |
| title_short | World Trade Organisation members' compliance with article XXIV of the General Agreement on Tariffs and Trade : The case of Tanzania |
| title_sort | world trade organisation members compliance with article xxiv of the general agreement on tariffs and trade the case of tanzania |
| topic | Article XXIV of GATT, EAC, SADC, AfCFTA, Tanzania UCTD |
| url | http://hdl.handle.net/2263/82895 |