Abstract

This chapter focuses on the legal framework within GATT 94 – as part of the structure of the WTO – for economic (regional) co-operation. The central question is whether the (economic) sovereignty of the individual African, Caribbean, and Pacific (ACP) States is seriously impaired by the conduct of the European Community. Are the ACP countries forced to enter into preferential trade agreements (PTAs) in order to be eligible for the benefits flowing from the Cotonou Agreement? Do the strict rules of GATT 94 leave the EC and ACP countries any choice in the design of such agreements? Do the trading partners still have a choice whether to establish a PTA according to the strict rules of Article XXIV of the GATT or according to the, on the face of it, more lenient regime of the Enabling Clause? Or is the choice at the end of the day one between a rock and a hard place for the ACP countries?.

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