DTÖ HUKUKU BAKIMINDAN TİCARETİN KOLAYLAŞTIRILMASI ANLAŞMASI'NIN AYIRT EDİCİ ÖZELLİKLERİ

Abstract

The TFA, aimed at expediting the movement, release and clearan-ce of goods, entered into force on 22 February 2017 as a major win for the WTO with respect to its role as a forum for negotiations. Some dis-tinctive features of the TFA, which could be relevant for any future dis-pute concerning the TFA and could also serve as example for any agre-ement negotiated in the future under the auspices of the WTO, illustrate how Members were creative and willing to limit the uncertainties in the text of the Agreement. These features are: (i) how the TFA became part of the WTO body of law; (ii) the express provision that the exceptions and exemptions under the GATT 1994 apply to the TFA; and (iii) the specific rule on conflicts of norms. There is, however, one aspect of the drafting of the TFA that places this Agreement somewhat in a less fortu-nate situation, i.e. the soft language used in describing some of the obli-gations in its text.