Article 2 Of The Agreement On Rules Of Origin And WTO Dispute Settlement

The Agreement on the Rules of Origin was accepted by the WTO members as one of the ultimate accomplishments during the Uruguay Round, which was the first multilateral agreements regarding the rules of origin in history. The Agreement of Rules of Originprovides that each member shall ensure its rules of origin transparent and keep them under consistent, unified, fair and equitable management. Article 2 concerns the disciplines during the transition period. Considering the ambiguity of Article 2, there arise some disputes, in WTO Dispute Settlement Body (DSB), regarding its the understanding and application. This dissertation will begin with some related DSB cases and conduct research on the relation of Article 2 and DSB.Chapter one describes the relationship between Article 2 of the Agreement of Rules of Originand WTO dispute settlement. The first section begins with the history of the rules of origin, following with the introduction of the disciplines of the transition period as well as the legal issues herein. The second section addresses the development of WTO dispute settlement and further provides the relationship between Article 2 and WTO dispute settlement.Chapter two mainly analyzes the application of Article 2 in WTO dispute settlement from the perspective of empirical research. It summarizes the cases in DSB regarding Article 2 of the Agreement of Rules of Origin, and focuses on the specific case "United States - Rules of Origin for Textiles and Apparel Products". It then tries to make each ambiguous word or expression clear in light of the fundamental method of treaty interpretation. And it points out some lessons and experience that we should learn from this case.In Chapter three, it conducts a deeper research on the disputes arising from Article 2 of the Agreement of Rules of Origin. It explores, from the perspective of customs techniques, the different role that WCO and WTO should play in the harmonization of non-preferential rules of origin. This chapter also puts forwards some suggestions by comparing the EU’s non-preferential rules of origin.Chapter four discusses the application of Article 2 in China. It introduces the currently enforceable non-preferential rules of origin, including its legal framework and defects. Then it tries to offer some advices for China to better take advantage of the disciplines during the transition period.