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Preferential Trade Agreements and Trade Liberalization Efforts in the OIC Member States

With Special Emphasis on the TPS-OIC

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establish free trade agreements between themselves without violating the provisions of the

GATT.

A key feature of the Enabling Clause is the complete flexibility it provides for to contracting

members with regard to the design and shape of the agreement. There are no constraints and

restrictions on the coverage and depth of the preferential agreements. This contrasts sharply

with the more demanding provisions of Art.XXIV, which requires that substantially all trade

must be covered and/or that an agreement should imply a complete elimination of tariffs

between contracting parties. Hence, the Enabling Clause allows for the signature of

agreements with low levels of coverage. In practice this has often been reflected by

agreements being based on positive lists; where members list the products that will be

included. This is in contrast to, what is typically seen as a more liberalising approach, which is

based on negative lists, where members only list the products that are to be excluded from the

agreement. Frequently also agreements negotiated under the Enabling Clause are less

ambitious in the extent of the tariff reductions even for those products that are included.

Tariffs may reduced as opposed to completely eliminated (as would be the case of an FTAs

under Art. XXIV). Agreements notified under the Enabling Clause are typically therefore

referred to as Preferential Trade Agreements (PTAs), whereas agreements notified under Art.

XXIV are referred to as Free Trade Agreements (FTAs). It is also worth noting that while the

TPS-OIC does not appear to have been formally notified to the WTO it is in the spirit of the

Enabling Clause

In Table 1 we provide some summary information with respect to the main PTAs notified to

the WTO under the Enabling Clause, as well as the TPS-OIC. For comparative purposes we have

focussed on certain key criteria such as the implementation period and the number of tariff

lines which are included. In certain cases information was not available and this is indicated

by N/D (not determined). This analysis allows us to compare the key features across a range of

agreements. At the end of this section we also provide a much more de- tailed comparative

table with regard to each of the agreements. Table 1 below covers 28 PTA agreements. From

the table it can be seen that while there is a wide range with regard to the date of

implementation, the implementation period is typically between 5-10 years (which is

consistent with GATT Article XXIV). Indeed it is only the EAC agreement which has a longer

implementation period.

There is much greater variation with regard to coverage. There are some agreements which

clearly have limited coverage, and this is often the case when the agreement involves India

(e.g. India-Afghanistan, India-Bhutan, or Mercosur-India), or when it is bilateral (e.g. Pakistan-

Malaysia). Most agreements containing multiple countries have relatively high coverage ratios,

which range from 70% for ASEAN-India, to 95% for Mercosur. It is of course worth noting that

these coverage ratios represent what was included in the agreement, and implementation can

sometimes take longer. Finally, we see that nine of the agreements include some element of

services liberalisation.