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

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

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.

The myth of a 10-year grace period, Brexit and trade talks with the EU

By Peter Ungphakorn
POSTED DECEMBER 27, 2018 | UPDATED JULY 3, 2019

It’s not often that hard Brexiters make WTO rules more complicated than they need to be.

Usually their error is to over-simplify.

But the mistaken identity of interim free trade agreements in the WTO is one rare instance.

The idea had apparently been knocking around for some time, at least back to March 2017 in a Politico article.

It reappeared back in May 2018, when Conservative MP Jacob Rees-Mogg claimed on television that WTO rules allow the UK a 10-year grace period to negotiate a free trade agreement with the EU.

Does the WTO require countries to control their borders?

By Peter Ungphakorn
POSTED JULY 18, 2018 | UPDATED JULY 19, 2018

On Monday (July 16), MP Anna Soubry launched a vigorous attack in the House of Commons against hard-line Brexiters. There was a lot of truth in what she said, except on one point.

She turned to the likelihood that if the UK simply trades with the EU on WTO terms, and without an adequate form of free trade agreement, it will have to impose border controls on trade between the Republic of Ireland and the North.

WTO “rules say every member must secure their borders,” she said.

It’s a commonly-held view.

What are geographical indications? What do they mean for post-Brexit UK?

Which of these are geographical indications? Answer at the end (click the image to see it full size)

By Peter Ungphakorn
POSTED MAY 5, 2018 | FIRST PUBLISHED ON UK TRADE FORUM APRIL 3, 2018 | UPDATED JULY 11, 2023

Among the thousands of policy questions facing Britain after it leaves the EU is what its approach should be for geographical indications.

These are names — like Melton Mowbray pork pies, Rutland bitter and Bordeaux wine — that are used to identify certain products.

The UK’s policy will affect both its own and other countries’ names, and it has now taken first steps in revealing what its approach will be.

People’s views of geographical indications range from cherishing them as precious cultural heritage and commercial property, to annoyance and scorn.

What are they? And what are the decisions facing the UK? This is an attempt to explain them simply. It’s in two main parts with a small third part tacked on.

Questions on Brexit, agriculture, WTO schedules, standards, free trade agreements

By Peter Ungphakorn
POSTED FEBRUARY 9, 2017 | UPDATED FEBRUARY 9, 2017

On February 8, 2017 the UK House of Lords EU Energy and Environment Sub-Committee’s inquiry on Brexit: agriculture published two sets written replies to questions.

Why UK is already under WTO rules, and why that matters for Brexit

By Peter Ungphakorn
POSTED FEBRUARY 8, 2017 | UPDATED FEBRUARY 15, 2017

Now that the UK is about to start negotiating its departure from the European Union, it’s important to understand the meaning of World Trade Organization (WTO) “rules”.

Why? Because people are talking about WTO rules as if they only kick in if the UK and EU fail to reach agreement on their future trade relationship — that only then would the UK and EU “fall back on WTO rules”. They are wrong.