Renegotiating GATT article XXIV: a priority for African countries engaged in North-South trade agreements

Abstract

This paper reviews the current WTO negotiations on Article XXIV of GATT and how they could impact African and other developing countries. Negotiations are taking place under the current Doha round negotiations to clarify some of the provisions of Article XXIV of GATT, Article V of GATS and the “Enabling Clause”. These negotiations are crucial for African countries, as they will set the parameters under which North South Regional Trade Agreements such as the EPAs can be formulated. This paper details how the negotiations could have a significant impact on the shape of EPAs, and how this could affect ACP’s development interests. Issues of concern include the assessment of “Substantially all the Trade”, the length of transition periods, but also the definitions of “Other Regulations of Commerce” and “Other Restrictive Regulations of Commerce” as they may affect the degree of flexibility available to developing countries with regard to safeguards and rules of origin, among others. The current status of the negotiations is discussed in the last part of the paper. The main propositions on the negotiation’s table are discussed. It is argued that the interests of African and other ACP countries are not well reflected in the current negotiations. Therefore, these countries need to step up their participation in these negotiations.