Preferential Trade Agreements and Trade Liberalization Efforts in the OIC Member States
With Special Emphasis on the TPS-OIC
15
destination country. This rule-based approach benefits from its simplicity but it might present
problems particularly dealing with special cases, in particular if the imported products receive
some transformation in one of the member countries. This approach is the one that is followed
currently in the revenue sharing arrangements in Mercosur. An alternative approach is the
creation of a common pool or fund composed of the revenue obtained from tariffs applied to
third countries, regardless of where the imported good has first landed. This common fund can
be distributed using an agreed formula, as in the case of the South African Customs Union
(SACU); or it can be used to finance a supranational budget, as in the case of the EU. This
approach has the advantage that it can be used to address regional imbalances, such as the
development component in the SACU revenue sharing formula; or finance supranational
institutions that could support development in some of the members with the objective of
reducing internal imbalances.
Although the general characterization of a CU assumes that they are built upon full FTAs
(100% of products covered), the reality suggests that CUs might not be full in this sense. CUs
might present exceptions on both the CET and the FTA element. Mercosur, for example,
presents exceptions on the free trade of automobiles and some flexibility on the CET in the
case of capital goods. The EU, on the other hand, would constitute an example of a full CU.
Other examples of full or partial customs unions involving developing countries are the
Caribbean Community and Common Market (CARICOM), the Common Market for Eastern and
Southern Africa (COMESA), the Gulf Cooperation Council (GCC) and the Russian Federation-
Belarus-Kazakhstan CU.
Economic Integration Agreements and Economic Unions
As we have seen, disciplines on trade in services entail the reform and liberalisation of the
domestic markets in the provision of services, and in the form of non-discrimination in favour
of domestic providers. Although these agreements (governed by Art. V of GATS) are stand-
alone and could be negotiated in the absence of an FTA or CU, given the degree of economic
integration that members could achieve as a result of them, they tend to be associated with
existing agreements on goods. The EU, Mercosur and the EAC, for example, are CUs that
include liberalisation of trade in services; whilst many FTAs also include service provisions
such as Pakistan-China or the US-Peru to name just a few.
On the other hand, economic integration can take a deeper form either when the agreement
allows for the elimination of non-tariff barriers between countries; and/or when liberalisation
in factor markets (i.e. allowing for movement of labour and flows of capital) is introduced. The
establishment of rules for the elimination of non-tariffs measures (see also next section),
together with the elimination of the restrictions on the movement of labour and capital can
lead to the creation of true economic spaces between members. For example, common tech-
nical (TBT) and Phytosanitary (SPS) standards eliminate the possibility of discrimination
between domestic producers and those in partner countries. Alternatively mutual recognition
agreements establish the conditions under which the countries concerned would accept test