These Brexit questions are from Federico Ortino:
1) Assume 10 large WTO Members had formed an FTA in 1980, which provides 0 tariff for all industrial products traded within the FTA. Negotiations in the Uruguay round were done taking in to account such FTA. Say, a non-FTA WTO Member exporting car parts to the FTA knew that it would (indireclty) benefit from 0 tariff status among FTA members (car assembly in the UK was made it easier because there no tariffs is imposed on parts coming from other FTA members, and the final product could be sold tariff free in the entire FTA market). In 2016 the FTA is terminated. Can a WTO member bring a complaint (possibly a non-violation complaint) against any of the 10 former FTA members premised on the loss of the FTA-linked benefits?
2) Assume the same facts as above, but instead of an FTA, in 1980 the 10 countries had established a CU. Let's also assume that the common GATT tariff schedule only includes ad valorem tariff rates (no TQs or subsidies caps). As the CU dissolves in 2016, the 10 WTO (former CU) Members transpose their common tariff schedule in to 10 (identical) schedules. Does such transposition qualify as a 'change in the schedule' for purposes of the procedures for the modification and rectification of schedules? Even if the answer is negative, can a WTO member bring a complaint against any of the 10 former CU members premised on the loss of the CU-linked benefits?
Please feel free to try to answer them in the comments!
