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This programme outlines the economic policy towards a sovereign trade framework for a economically-viable Palestinian state. It includes assumptions, WTO transit rules, benefits and limitations, need for "WTO Plus" rules, sectoral transit agreement, additional disciplines, security concerns, and essential cooperation.
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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 Economic Policy Programme
Towards a Sovereign Trade Framework: Transit Rights Daniel CrosbyWhite & Case – Geneva Economic Policy Programme
Outline • Assumptions • WTO Transit Rules • Benefits and limitations • Day One of Statehood • Need for “WTO Plus” rules • Sectoral Transit Agreement • Additional Disciplines • Security Concerns • Essential co-operation Economic Policy Programme
Political Assumptions • Territorial contiguity between West Bank and Gaza • “Sovereign link” between territories • From Day One: independent, sovereign, viable Palestinian State • Recognition of Israel’s legitimate security interests Economic Policy Programme
Legal / Economic Assumption • Conduct of sovereign trade policy assumes right to import from and export to trading partners Economic Policy Programme
WTO Transit Rules • Benefits of GATT Article V • Right to transit • Of Palestine • Of trading partners • Cost-based “reasonable” fees • MFN • National Treatment Economic Policy Programme
WTO Transit Rules • GATT Article V Limitations • Not specific • No jurisprudence • Overriding security concerns • Insufficient legal and economic certainty Economic Policy Programme
Day One of Statehood • Transit essential to conduct trade • GATT transit disciplines insufficient • Need to establish “WTO Plus” transit disciplines in sectoral agreement as building block towards FTA Economic Policy Programme
Sectoral Transit Agreementfrom Day One • WTO Plus: • Provide specific definitions and procedures • Designate transit routes and facilitates • Apply TIR Convention to extent possible Economic Policy Programme
“Traffic in Transit” “The passage of people, goods, and means of transport, including unaccompanied baggage, across the territory of one Party by land, air, or sea transportation when such passage includes part of a complete journey beginning, continuing or terminating within the territory of the other Party.” Economic Policy Programme
Consultations and Dispute Settlement • WTO rules • Security exceptions • Joint Transit Committee • Consultations • Detailed dispute settlement panel procedures Economic Policy Programme
Additional Transit Disciplines • Trade Agreement – Option B • Static transit rules • Limited cooperation Economic Policy Programme
Additional Transit Disciplines • Free Trade Agreement – Option C • Specific transit rules • Designation of transit facilities • Transparency and operational rules • Flexible procedures • Increased cooperation under JTC • Dispute settlement provisions • Restrictions on security measures Economic Policy Programme
Security Concerns • Agree on security exceptions • Explicit agreement on security measures • Reality check on contiguity assumption Economic Policy Programme
Transit Cooperation • Efficient administration • Assuage security concerns • Joint Transit Committee • Third party involvement 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