THE TRADE FACILITATION AGREEMENT AND THE VALIDITY AND EFFECTIVENESS OF LAWS AND REGULATIONS RELATING TO FOREIGN TRADE IN GOODS

Abstract

The effect of the internalization of the Trade Facilitation Agreement on the legal regime of normative production concerning foreign trade of goods was examined, using a dogmatic approach based on logical-semantic constructivism. By studying Article 2 of the Agreement, it was concluded that validity and effectiveness requirements were established. For regulations of general application, the effectiveness requirement is met through a mandatory vacancy period, although the adequacy of the term must be examined on a case-by-case basis, and the validity requirement is met through mandatory public consultation on proposals for introduction or amendment. For laws and acts with the force of law, the validity requirement could be met via public hearings during the legislative process, but more studies on its mandatory nature are needed. Furthermore, any clause of immediate effectiveness would be ineffective, except for provisional measures issued by the President. Any legal infeasibility in meeting the requirements would be covered by an exception clause.