2012-12-13

Public lecture by Dian Balan on general and security exceptions in regional trade agreements

12 December -Students of both MA prgrammes had an opportunity to discuss general and security issues of RTAs.
General and security exceptions play an important role in the WTO architecture, safeguarding a right to regulate for different legitimate societal purposes. However, an increasing part of the world trade inside or outside of the WTO takes part in the framework of the regional trade agreements (RTAs). These agreements contain similar lists of general and security exceptions or have incorporated by reference or copy-pasted the WTO lists. However, WTO Members have shown a strong preference for the WTO dispute settlement system in comparison to the regional similar mechanisms. That is why the general and security exceptions have not been subject to litigation and clarification in the framework of the RTAs, with one notable exception (the EU). Finally, the RTA members which are also WTO Members must take into account the constraints of the GATT 1994 when drafting their lists of exceptions. A detailed survey of the Central Asian network of overlapping bilateral and plurilateral RTAs is conducted. There are certain regional specificities which will be highlighted in the presentation. As more and more Central Asian countries are approaching the WTO accession, it is important to make order in the exceptions lists and introductory clauses, and to clarify some of the concepts.

Short bio:
Dr. George-Dian Balan is a Teaching and Research Fellow at the OSCE Academy in Bishkek, Kyrgyzstan and an Attorney at law (Avocat) in the Iasi Bar, Romania. His teaching experience includes courses and seminars on WTO Law and EU Law delivered at Master programs of the Vietnam National University, the Sankt Petersburg State University and the College of Europe.
He has always combined teaching and practicing. His experience as an attorney comprises the representation of clients before courts of all levels, up to the Supreme Court of Justice of Romania. He has advised clients from UK, Lithuania, Belgium, Luxembourg and Romania. He did traineeships with the Court of Justice of the European Union (Luxembourg), the European Commission (Belgium) and Berkeley Domecq Solicitors (UK) and he was a Jean Monnet Fellow at Poitiers University (France).
Dr. Balan is a frequent speaker at international events, such as summer schools and conferences, in Asia and Europe and he has a strong record of publications. He has been a panelist in the European Regional Rounds of the Moot Court Competition on WTO Law for four consecutive years.

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