The last few years has not only seen a flurry of regional trade agreements (RTAs) being negotiated, but also an increase in the number of books being published on this important area of international trade law. Many of these publications are edited compilations, including Bartels and Ortino (2007)Footnote 1 and my own two-volume edited collection (2009).Footnote 2 Fortunately, each of these collections has a different structure, focus, and style. David Gantz's sole authored book covers much of the same terrain as the existing literature (including that which Gantz himself has authored), but does so in such a way that adds to the existing literature rather than simply repeating and re-presenting what has already been written.
As with any book partly compiled with previous works, this book at first read can appear disjointed. Upon reflection, however, one sees the themes running through the entire manuscript. Gantz wisely does not attempt to answer the question whether RTAs are beneficial or detrimental, but instead takes the more pragmatic approach of simply accepting that RTAs are now an enduring feature of the world trading system. As such, a recurring theme in this book is to ensure that RTAs are structured and implemented in a way that benefits, rather than harms, global trade. Like every other legally oriented book on the market, however, the author does not actually ask (or answer) the question of whether RTAs are actually assisting and facilitating trade or otherwise address the actual impact of RTAs on trade flows.Footnote 3 Rather, Gantz expertly weaves economic and political considerations into his legal analysis.
Gantz's book contains 16 chapters spread throughout three parts. Part I contains four chapters: an introductory chapter setting out the approach and methodology of the book; a short chapter which introduces readers to the history, pros, and cons of RTAs; a chapter setting out the relationship between RTAs and the WTO, and a chapter which surveys various issue-based provisions contained in over 40 selected RTAs. While Chapter 3 is a quickly moving and meaty chapter which makes and investigates useful and underexplored historical points, Chapter 4 is the gem of Part I. Compiled in tabular form, the easy-to-read guide will be a useful reference to scholars, practitioners and advanced students wishing to further investigate particular agreements.
Parts II and III analyse selected RTAs, with Part II solely dedicated to agreements negotiated by the United States (US) and Part III dedicated to five select agreements. It is worth noting at this point that in organising the book by agreement, rather than by substantive issue (i.e. goods, services, intellectual property, dispute settlement, etc), Gantz is departing from the model used by the existing books on the market. Gantz's approach is interesting, and one that allows the reader to comprehend easily the nuances of a particular agreement. On the other hand, such an approach makes it difficult to compare easily provisions in the various agreements covered in the book.
Part II contains six chapters, all focusing on agreements negotiated by the US. Gantz navigates these chapters with the knowledge and skill in a way that only an insider can – this is not surprising, given that Gantz has, among others things, been a US government employee, consultant to other governments, and well-respected panelist in three NAFTA Chapter 19 disputes and arbitrator in disputes involving NAFTA Chapters 11 and 20. The addition of Chapter 5, which canvasses the political, legal, and policy considerations for US negotiations, is a welcome addition to a legal book on RTAs. The sections on the US farm bill and the leadership battles within Congress are particularly interesting and useful for those readers interested in the lawmaking process. One disappointing aspect of this chapter, however, is that it merely factually reviews the important changes resulting from the Bipartisan Trade Deal of 2007, rather than undertaking an analysis of the changes. Even though the changes are not, in the words of Gantz, ‘revolutionary’, the potential ramifications of the changes on US negotiating strategy in the areas of labour, environment, investment, security, and particularly intellectual property are significant, and warrant scrutiny and rigorous study. Some analysis or forecast of US trade policy under an Obama administration would have also been a welcome addition to the book; however, this reviewer understands the nature of commercial publishing and it is likely that Gantz had already submitted a first draft of the manuscript prior to the Bipartisan Trade Deal of 2007 and was well into the final stages of editing before an Obama victory in the 2008 presidential elections appeared probable.
The agreement-specific chapters of Part II are detailed, and provide readers not only with the necessary legal provisions, but also with assessment and review. Given Gantz's background, it is not surprising that Chapter 6 of the NAFTA is one of the most-detailed (and longest) chapters in the book. Even though thousands of pages have been written on the NAFTA, this chapter is comprehensive, insightful, interesting, and worth reading. Other chapters in the part focus on the CAFTA-DR, US agreements with the Middle East and North Africa (Israel, Jordan, Morocco, Bahrain, and Oman), Vietnam and a chapter on ‘Others’ (including Chile, Singapore, Australia, Peru, Panama, Colombia, South Korea, and the ill-fated FTAA). These chapters contain a varying degree of analysis and depth, with the chapters on CAFTA-DR and Vietnam providing comprehensive background and scrutiny, whereas the chapter on ‘Others’ merely surveys a wide-range of agreements.
Part III of the book diverts from the US perspective and investigates five RTAs: European Union (EU), MERCOSUR, Central American Common Market, ASEAN FTA (AFTA) and the Southern African Customs Union (SACU). While at first glance the choice of these five agreements appears to be quite random, Gantz explains that each of the selected agreements were chosen as they are all, or are intended to become, customs unions. As the agreements contain differing content, topical coverage, and (to be frank) success, the choice of the five agreements is both coherent and logical. The chapters in Part III are detailed and thorough, but they are mainly legal with less behind the scenes insight seen in the chapters focusing on US agreements. This is to be expected (and not a fault), given the level of detail and insight contained in the Part II. The inclusion of material on the Lisbon Treaty and external relations in the 62-page chapter on the EU made this chapter standout.
Gantz ends the book with a caution, but not the familiar caution that RTAs can be detrimental or even inimical to the multilateral trading system. Instead, Gantz's more important caution is against expecting too much from trade agreements: ‘[w]hile concluding RTAs … may provide a stimulus for change in partners’ national laws and policies, the soundest and longest-lasting changes are likely to be driven primarily from within the affected nations'.
Regional Trade Agreements: Law, Policy and Practice makes a useful contribution to existing literature and will be particularly helpful to governmental officials, academics, practitioners, and postgraduate students wishing to learn more about the how and what of RTAs. Readers searching for information about a particular agreement can gain knowledge and understanding by reading a single chapter dealing with a particular agreement, but reading the entire book will allow the reader to more fully benefit from both the insight and experience of the author as well as to fully understand the interplay between politics, economics, and law in the RTA negotiating and implementation process.
