Md. Rizwanul Islam

PREFERENTIAL TRADE AGREEMENTS AND THE SCOPE OF GATT ARTICLE XXIV, GATS ARTICLE V AND THE ENABLING CLAUSE: AN APPRAISAL OF GATT/WTO JURISPRUDENCE

Despite being contradictory to the World Trade Organisations (WTO) core objective of freer trade, its rules permits execution of preferential trade agreements (PTAs) provided certain conditions are complied with. WTO mechanism to oversee compliance of these conditions on PTAs is continuously evolving from somewhat tentative approach of earlier General Agreement on Tariffs and Trade (GATT) Panels to more willingness of active judicial interpretation by WTO Dispute Settlement Body (DSB). This article critically analyses the WTO provisions on PTAs taking into account the reports of GATT panels and WTO. It also sheds light on WTO member states views on controversial and hazy issues of the GATT/WTO jurisprudence on PTAs. The article in its concluding part suggests several recommendations designed to ensure greater compliance of the PTAs with rules of the WTO.

South Asian Free Trade Agreement and the Possibility of Regional Integration within the SAARC: A Historical, Legal and Economic Analysis

Preferential trading exchanges have been a very common phenomenon in todays world. FTAs and RTAs are growing so fast that many academics are arguing that they are creating obstacles towards WTOs multilateral trade liberalization. Although seven nations in the South Asian region have recently executed an FTA, the progress of regional cooperation in this region is rather dismal. The purpose of this paper is to analyze SAFTA and discuss the prospect of more meaningful cooperation within the SAARC.

The Australia India proposed Free Trade Agreement and trade in agriculture : opportunities and challenges

In 2007, Australia and India began a joint feasibility study to assess the prospect of an Australia-India Free Trade Agreement (FTA). Agriculture will be a crucial negotiation point in any such FTA. Agriculture is a key sector of the Australian economy, and an important and lucrative export, with more than half of the sector’s output exported. The scope of increased domestic demand in agriculture is limited for a significant segment of the sector. Therefore, sustained growth of the industry requires new export markets to be opened. This paper will analyse the prospects of boosting agricultural exports from Australia via the proposed FTA. This paper will assess the tariff and non-tariff barriers in agriculture in India and critically assess how an FTA could reduce these barriers. The benefits of increased liberalisation of agricultural trade in India will also be discussed to demonstrate the mutually beneficial opportunities that reduced trade barriers could provide.

The bandwagon of preferential agreements: why should South Asia join them more aggressively?

Preferential Trading Arrangements (PTAs) have become the order of the day. A significant portion of global cross-border trade is now being carried out on preferential terms. In a similar vein, seven of the eight member states of the South Asian Association for Regional Cooperation (SAARC) have recently concluded the South Asian Free Trade Agreement (SAFTA). Despite that, so far, the progress of subregional trade cooperation in South Asia appears to be rather bleak. The purpose of this paper is to explain why the subregional countries should join in this wave of PTAs more earnestly and strengthen the SAFTA.

Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences

ABSTRACT Recently in Bangladesh, there is a discernible (albeit rare) trend of the Supreme Court passing directives to the government for making laws for redressing specific wrongs or addressing some issues of public importance. While this type of directives is apparently motivated by a benevolent desire for ensuring better governance, this paper argues that this is an affront to the well-established theory of separation of powers and leads to undesired consequences. Though not intentional, this practice of issuing directives effectively undermines the government as well as the overall political system of Bangladesh. Arguably, this sort of judgments projects an image that the political forces in Bangladesh are dysfunctional and indirectly cements the power and image of apolitical forces in Bangladesh, which in the long run corrodes democratic values and undermines, if not threatens, the prospect of a functioning democracy in Bangladesh.