The WTO Transit Regime for Landlocked Countries and its Impacts on Members’ Regional Transit Agreements: The Case of Afghanistan’s Transit Trade with ... Yearbook of International Economic Law, 17)

Acknowledgment
List of Least-Developed Countries
List of Landlocked Developing and Least-Developed Countries
Contents
Acronyms
Chapter 1: Legal Challenges Facing Afghanistan´s Transit Trade with Pakistan
	1.1 Context of the Dissertation
	1.2 Methodology
	1.3 Significance of the Research
	1.4 Structure of Chapters
	References
Chapter 2: Freedom of Transit of Landlocked Countries in Light of International Multilateral Agreements
	2.1 The 1921 Barcelona Statute on Freedom of Transit
	2.2 The 1948 Havana Charter for Establishing an International Trade Organization
	2.3 The 1965 New York Convention on the Transit Trade of Landlocked States
	2.4 The 1975 United Nations Customs Convention on the International Transport of Goods Under the Cover of TIR Carnets (TIR Con...
	2.5 The 1982 United Nations Convention on the Law of the Sea
	2.6 From GATT 1947 to GATT 1994: Article V GATT on Freedom of Transit
	2.7 WTO Trade Facilitation Agreement (TFA)
	2.8 Conclusion
	References
Chapter 3: Current State of the Afghan Foreign Trade Legal Regime
	3.1 The Post-2001 Afghan Economy and Foreign Trade in a Nutshell
		3.1.1 Economic Outlook
		3.1.2 Foreign Trade and Customs Reform
	3.2 Laws and Regulations Governing Foreign Trade in Goods
		3.2.1 Rules Governing Customs Procedures: Import-Export Documentation and Customs Valuation Methods
		3.2.2 Products Prohibited from Importation into Afghanistan and Products Subject to Prior Permission for Importation and Expor...
		3.2.3 Customs Tariffs, Preferential Customs Tariffs and Other Duties and Charges
		3.2.4 Non-tariff Customs Procedures Affecting Foreign Trade in Goods
			3.2.4.1 Trade Licensing
			3.2.4.2 Rules of Origin
			3.2.4.3 Standards and Technical Measures
			3.2.4.4 Sanitary and Phytosanitary Measures (SPS)
			3.2.4.5 Countervailing, Anti-dumping and Safeguard Measures
			3.2.4.6 Export Subsidy Rules
	3.3 Laws and Regulations Governing Foreign Trade in Services
		3.3.1 Investment Regime
		3.3.2 Competition Regime
		3.3.3 State Ownership and Privatization
	3.4 Trade Dispute Settlement Regime
	3.5 Afghanistan´s Route into International Trade Integration
		3.5.1 Accession to the World Trade Organization
		3.5.2 Afghanistan´s Regional Trade Agreements in a Nutshell
	3.6 Conclusion
	References
Chapter 4: Afghanistan´s Transit Regime
	4.1 National Transit Regime
	4.2 Afghanistan´s Transit Trade Agreements
		4.2.1 Afghanistan´s Plurilateral Transit Trade Agreements
			4.2.1.1 ECO Transit and Transport Framework Agreement (TTFA)
			4.2.1.2 CAREC Agreement on Cross-Border Transport (CBTA)
			4.2.1.3 Lapis Lazuli Trade, Transit and Transport Agreement (Lapis Lazuli Route Agreement)
		4.2.2 Afghanistan´s Transit Agreements with Coastal Neighboring States: A Comparative Study of APTTA and the Chabahar Agreement
			4.2.2.1 Afghanistan-Pakistan Transit Trade Agreement (APTTA)
				4.2.2.1.1 Freedom of Transit and Exceptions
				4.2.2.1.2 Pre-Settled Transit Routes
				4.2.2.1.3 Simplification and Harmonization of Customs Procedures and Formalities
				4.2.2.1.4 Recognition of Relevant International Rules and Standards
				4.2.2.1.5 Transport Conditions and Permits
				4.2.2.1.6 Visa Facilities
				4.2.2.1.7 Transit Security and Insurance
				4.2.2.1.8 Transparency
				4.2.2.1.9 Institutional Arrangements and Implementation of APTTA
				4.2.2.1.10 Dispute Settlement Mechanism
			4.2.2.2 Comparative Study of the Chabahar Agreement
				4.2.2.2.1 Coverage Scope, Freedom of Transit, Duties and Charges, Transit Security, Customs Formalities and Visa Facilities
				4.2.2.2.2 Transparency and Recognition of Other International Conventions
				4.2.2.2.3 Institutional Arrangements
				4.2.2.2.4 Dispute Settlement Mechanism
	4.3 Conclusion
	References
Chapter 5: WTO Rules on Freedom of Transit
	5.1 Article V GATT on Freedom of Transit
		5.1.1 Article V:1 GATT-Transit and Traffic in Transit
		5.1.2 Article V:2 GATT-Freedom of Transit and MFN Treatment
			5.1.2.1 Criteria for the Routes `Most Convenient for International Transit´
			5.1.2.2 Freedom of Transit and MFN Treatment
		5.1.3 Article V: 3-5 GATT-Prohibition of Unnecessary Delays, Restrictions, Transit Duties and Other Charges
		5.1.4 Article V: 6 GATT-Treatment by Country of Destination
	5.2 Article 11 of the Trade Facilitation Agreement on Freedom of Transit
		5.2.1 Restrictive Regulations and Formalities
		5.2.2 Voluntary Restraints
		5.2.3 Non-application of TBT Measures to Transit Goods
		5.2.4 Transit Securities and Escorts
		5.2.5 Special and Differential Treatment Provisions (SDT)
			5.2.5.1 General Overview
			5.2.5.2 SDT Provisions in TFA
	5.3 Article V GATT Relationship with Article 11 TFA and Other WTO Provisions
		5.3.1 WTO Provisions When in Conflict with Each Other
		5.3.2 The Relationship Between Different but Non-conflicting WTO Provisions
		5.3.3 How WTO Adjudicators Interpret WTO Provisions
	5.4 Conclusion
	References
Chapter 6: WTO Law and Public International Law: Focus on UNCLOS Rules on Freedom of Transit of Landlocked States
	6.1 Relationship Between WTO Law and Other Sources of Public International Law
		6.1.1 International Conventions
			6.1.1.1 Multilateral Agreements
			6.1.1.2 Regional Agreements
			6.1.1.3 Normative Conflict Resolution Between WTO Rules and Regional Agreements
		6.1.2 Judicial Decisions and General Principles of International Law
	6.2 The Possibility to Invoke UNCLOS Rules on Freedom of Transit in WTO Dispute Settlement Proceedings
		6.2.1 General Overview
		6.2.2 UNCLOS Rules on Freedom of Transit
			6.2.2.1 UNCLOS Rules on Freedom of Passage
			6.2.2.2 UNCLOS Rules on Freedom of Transit of Landlocked States
	6.3 Conclusion
	References
Chapter 7: The Relationship Between Freedom of Transit and General and Security Exceptions Under WTO Rules
	7.1 Article XX GATT on General Exceptions: Scope of Application and Requirements
		7.1.1 The Necessity Test
		7.1.2 Chapeau Test: `Arbitrary or Unjustifiable Discrimination´ and `Disguised Restriction´
		7.1.3 Substantive Scope of Article XX
		7.1.4 The Relationship Between Freedom of Transit and General Exceptions Under WTO Rules
		7.1.5 The Relationship Between Article XX and Regional Agreements: Case of APTTA
	7.2 The Relationship Between Freedom of Transit and Security Exceptions Under WTO Rules
		7.2.1 Provisions of Article XXI GATT
		7.2.2 How Russia: Traffic in Transit Interprets Article XXI GATT
			7.2.2.1 Background of the Dispute and Arguments of the Parties
			7.2.2.2 Whether Article XXI(b) Is a Non-affirmative Defense and Non-justiciable
			7.2.2.3 Whether Russia´s Measures Qualify Under Article XXI(b)(iii)
			7.2.2.4 Transparency of Actions Taken Pursuant to Article XXI
	7.3 Conclusion
	References
Chapter 8: Implications of WTO Rules on Freedom of Transit and Security Exceptions for Afghanistan-Pakistan Transit Trade
	8.1 Background to the Transit Ban on Indian Exports to Afghanistan Through Pakistan´s Territory
	8.2 Transit Ban and Border Closure Measures Under Article XXI GATT
	8.3 The Relationship of the APTTA Security Exception with Article XXI GATT and Other Regional Agreements
	8.4 Conclusion
	References
Chapter 9: Final Conclusions
	9.1 Final Conclusions
	9.2 Recommendations
		9.2.1 Maintaining Bilateral Trade and Transit Relationship
		9.2.2 Proper Implementation of APTTA, Follow Up of the Implementation and Seeking Further Approaches Within Regional Legal Fra...
		9.2.3 Renegotiation of APTTA for a Quadrilateral Transit Agreement to Include Tajikistan and India
		9.2.4 Future Collective Efforts for a Specific Mandatory SDT Provision on Freedom of Transit in WTO Law
	References
Legal Documents
	Afghanistan Laws and Regulations
	List of International Conventions and Agreements
List of Cases
Definition of Some Frequently Used Terms in This Dissertation (The Definitions Are Generally Extracted from the WTO Glossary o...
References
	Books and Journal Articles
	Official Documents and Reports