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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.

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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

slide3

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

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