David Campbell Bannerman – Trade β Blog

Iain Duncan Smith & co are wrong about GATT Art24, Brexit and getting out of jail

Tory Brexiteers’ claim that WTO rules let them pull a rabbit out of the hat is pure magical thinking

By Peter Ungphakorn
POSTED SEPTEMBER 5, 2019 | UPDATED SEPTEMBER 5, 2019
ORIGINALLY PUBLISHED ON THE TELEGRAPH WEBSITE, SEPTEMBER 2, 2019

Does the World Trade Organization (WTO) have a magic legal provision, one that Britain can use to get out of the “no-deal” Brexit jail?

No, and this has been pointed out repeatedly. And yet Iain Duncan Smith, David Campbell Bannerman and co, still think it does, judging by their piece for the Telegraph on August 30, 2019.

They are wrong because they misunderstand the provision they cite: Article 24 of the General Agreement on Tariffs and Trade (GATT). They are wrong because they overlook the realities of what it means.

GATT Art.24 — In-depth answers to frequently and not-so-frequently asked questions

Everything you wanted to know about GATT Art.24, for ‘with-deal’ Leavers, ‘no-deal’ Leavers, and — surprise, surprise — Remainers/Revokers

By Peter Ungphakorn
POSTED JUNE 27, 2019 | UPDATED NOVEMBER 9, 2019

This explanation of GATT Article 24 is pretty heavy-going,
because it looks at a lot of the detail. A much simpler explanation is here.

See also:
The myth of a 10-year grace period, Brexit and trade talks with the EU | The Article 24
red herring in less than 400 words | Brexit through the magic land of Eksive
GATT Article 24: they still don’t get it (video)

I thought/hoped it would die away, but it features ever more prominently in Brexit news. The current favourite to be the next UK prime minister wants to use it, sparking a huge debate — some of it way off the mark. And yet, we really don’t need to be talking about it at all.

“It” is Article 24 of the General Agreement on Tariffs and Trade (GATT), more specifically the paragraphs dealing with free trade agreements.

The bottom line is this: GATT Article 24 governs free trade agreements in goods. Politically, the article is unimportant and should never have been brought into the debate.

So if Article 24 is unimportant, what is important? These questions are:

What kind of UK-EU deal is proposed?
What would it do?
Does it cover the UK’s needs? Who would it affect and how?
Does it cover the EU’s needs? Who would it affect and how?
What would it take for the UK and EU to agree?
How long would it take?

That’s it.

IN DETAIL

A real beginner’s guide to GATT Article 24

And a plea to stop talking about it

Photo: Speed limits for 3-year-olds

By Peter Ungphakorn
POSTED JUNE XXIV, MMXIX | UPDATED NOVEMBER 9, 2019

We don’t usually argue about what a law means. Somehow this WTO rule has found its way into British political debate. It has become even more prominent because it’s advocated by Boris Johnson. And yet, we really don’t need to be talking about it at all.

I wrote a Twitter thread and was trying to recreate it as a blog post (it’s now published here). Then up popped a tweet from Dr Dominic Pimenta, responding to something then-UK Trade Secretary Liam Fox said:

“Yes I think this is needed. GATT 24 for a three year old please @CoppetainPU (Like you did for the WTO)”

So, this is for three-year-olds everywhere.