Volume 52 (2018)

Volume 52 (2018) / Issue 1

Petros C. Mavroidis, Edwin Vermulst, 'The Case for Dropping Preferential Rules of Origin' (2018) 52 Journal of World Trade, Issue 1, pp. 1–13


In this article, we argue that the world trading system could do without preferential rules of origin. Preferences can be granted on the basis of most favoured nation (MFN) rules of origin anyway. Empirical literature suggests that, if the purpose for enacting preferential rules of origin was to facilitate commerce or promote inward investment, then their implementation has in practice defeated the purpose. Beneficiaries of preferences often prefer to trade using MFN rules of origin, rather than going though cumbersome procedures to show that they can ‘benefit’ from preferential rules. Thus, in the end, preferential rules of origin are neither necessary for preferences to be granted, nor have they facilitated trade or investment. Our policy recommendation for the negotiators of the Harmonized Working Programme (HWP), which aims to establish common rules of origin for all WTO members, is to also decide to outlaw preferential rules of origin.

Copyright © 2018 Kluwer Law International
All rights reserved

ISSN: 1011-6702
ID: TRAD2018001