Regional Trade Agreements and Domestic Regulation: What Reach for 'Other Restrictive Regulations of Commerce'?

Abstract

This chapter discusses the internal provisions of Article XXIV of the General Agreement on Tariffs and Trade (GATT) or the requirement for regional members to eliminate 'other restrictive regulations of commerce' (ORRC). It considers the definitional possibilities for this term as it may apply to the domestic regulations of RTA members and examines the textual context and the limited WTO Panel and Appellate Body treatment. It concludes that ORRC has a limited reach for domestic regulations and that the duty to eliminate other restrictive regulations of commerce only extends to domestic laws of an RTA member that offer less favourable treatment to products of another regional member.