Economic policy programme
This presentation is the property of its rightful owner.
Sponsored Links
1 / 14

ECONOMIC POLICY PROGRAMME PowerPoint PPT Presentation


  • 54 Views
  • Uploaded on
  • Presentation posted in: General

ECONOMIC POLICY PROGRAMME. TOWARDS AN ECONOMICALLY-VIABLE PALESTINIAN STATE: The Regulation of External Trade. Monday May 23, 2005 Grand Park Hotel, Ramallah. Towards a Sovereign Trade Framework: Main Components. Domestic Legislation, Reform and WTO Accession. Professor Thomas Cottier.

Download Presentation

ECONOMIC POLICY PROGRAMME

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Economic policy programme

ECONOMIC POLICY PROGRAMME

TOWARDS AN ECONOMICALLY-VIABLE PALESTINIAN STATE:

The Regulation of External Trade

Monday May 23, 2005

Grand Park Hotel, Ramallah

Economic Policy Programme


Towards a sovereign trade framework main components

Towards a Sovereign Trade Framework: Main Components

Domestic Legislation, Reform and WTO Accession

Professor Thomas Cottier

Economic Policy Programme


Economic policy programme

This document is an output from a project funded by the UK Department for International Development (DFID) for the benefit of developing countries. The views expressed are not necessarily those of DFID.

Economic Policy Programme


Essential elements

Essential Elements

  • Membership to WTO

  • Need to establish essential legislation for the conduct of international trade relations:

    • Foreign Trade Act, Border regime and transit, TBT and SPS issues including a Food Safety Act and Technical Normative Infrastructure Law, Competition and Procurement Laws

Economic Policy Programme


Wto membership

WTO Membership

  • WTO Accession for Palestine provides a crucial framework for stable trade relations

  • It opens avenues for dispute settlement, protecting Palestinian interests

  • It opens avenues for technical co-operation and training of personnel

  • It provides the basis and framework for domestic trade-related legislation

Economic Policy Programme


The foreign trade act of palestine

The Foreign Trade Act of Palestine

Economic Policy Programme


Why a foreign trade act

Why a Foreign Trade Act ?

  • Defines jurisdictions in field of trade regulation (Who decides what?)

  • Defines the complex relationship to other laws and agencies (tariffs, TBTs agriculture, SPS/GMOs, services, intellectual property, competition, finance, telecom, etc), all affecting foreign trade

  • Explicit cross-referencing not necessary

  • A single act on all trade is impossible and cannot be found in any country

Economic Policy Programme


Why a foreign trade act1

Why a Foreign Trade Act?

  • Most of the substantive trade rules today are defined by multilateral (WTO) and bilateral agreements (e.g. PLO-EU)

  • Domestic law remains important to establish the legal foundations for action in this field

    • for unilateral action

    • for action taken within the bounds of international agreements

Economic Policy Programme


Ftap main legal principles

FTAP Main Legal Principles

  • Non-discrimination: MFN and NT (WTO)

  • Prohibition of QRs, subject to exceptions (WTO, FTAP)

  • Proportionality (FTAP)

  • Transparency (WTO, FTAP)

  • Trade remedies, safeguards (WTO, FTAP)

  • Legality and judicial review (WTO, FTAP)

  • Consistent interpretation of national and international law

Economic Policy Programme


Compatibility with constitution

Compatibility With Constitution

  • Constitution as main legal basis of the State supersedes all other national law

  • FTAP has status of primary legislation

  • FTAP must respect basic constitutional provisions (structures and principles)

  • Special procedures possible

  • Question of Influence of Shari’a on trade (economic freedom / contracts)

Economic Policy Programme


Powers and organisation

Powers and Organisation

  • Legislative Council: Long term policy and treaty approval

  • President and Cabinet: Operational goals and coherence

  • Cabinet: Enactment of regulations and administrative decisions, subject to delegations to Ministry and Agencies

  • Possibility of provisional application of treaties

Economic Policy Programme


Administrative and judicial review

Administrative and Judicial Review

  • All decisions subject to administrative review by Minister of Trade

  • Judicial review by new Trade Court / Commission:

    • Relation to other Courts (penal provisions)

    • Advisory opinions possible

  • International arbitration

  • Additional roles of Trade Court / Commission

Economic Policy Programme


Conclusions

Conclusions

FTAP as the legal umbrella in foreign trade matters brings:

  • Coherence of laws: national & international

  • Transparency

  • Rule of Law: security, stability and confidence building

  • Essential to optimal development of the Palestinian economy and State

Economic Policy Programme


Economic policy programme1

ECONOMIC POLICY PROGRAMME

TOWARDS AN ECONOMICALLY-VIABLE PALESTINIAN STATE:

The Regulation of External Trade

Monday May 23, 2005

Grand Park Hotel, Ramallah

Economic Policy Programme


  • Login