Abstract

Whether Regional Trade Agreements are strictly economic and political in nature? Whether Regional Trade Agreements (RTAs) does produce any legal challenges? Whether the sudden escalation of RTAs in past few decades brings challenges to the legitimacy of multilateral trade and the World Trade Organization (WTO)? Whether RTAs are trade creating or trade diverting in nature? This research article seeks to clarify the legal challenges posed by rising number of RTAs on multilateral trade, agreements and institutions related therewith. Legal challenges that RTAs have brought have not received the equivalent attention that political and economic challenges are receiving. RTAs can never be seen strictly through political and economic lens in isolation from international trade law. RTAs are an exception to the principle pillars of contemporary international trade law i.e principle of most- favoured nations (MFN) and the principle of non- discrimination (ARTICLE III:GATT) enriched under several agreements of WTO. A periodical legal scrutiny of RTAs is necessary in order to analyze challenges RTAs have posed to multilateral trade. Several legal scholars have criticized RTAs “as an escape route to WTO agreements and laws”. Primary objective of research article is to explore the jurisprudence of RTAs/custom unions (provided under ARTICLE XXIV:GATT, ARTICLE V:GATS) in order to navigate the loopholes in RTAs which can be a challenge to the legitimacy of contemporary international trade law. Furthermore, research article aims at concluding sincere suggestions and recommendations for bring about a balanced relationship between multilateral and regional trade in order to strengthen global cooperation and development.

Keywords