Alcance del principio de nación más favorecida de la OMC en el TLC Colombia–Estados Unidos frente a medidas unilaterales del incremento de arancel a productos agroindustriales

Abstract

This article analyzes the relationship between the principles of the World Trade Organization (WTO), specifically the Most Favored Nation principle, and the Free Trade Agreement (FTA) between Colombia and the United States, focusing on its unilateral tariff measures. The central question of the study is: What is the scope of the WTO's Most Favored Nation principle and its implementation in the Colombia-United States Free Trade Agreement (FTA) regarding unilateral tariff increases on agro-industrial products? This analysis examines the scope of the WTO's Most Favored Nation principle and its implementation in the Colombia-United States Free Trade Agreement (FTA) regarding unilateral tariff increases on agro-industrial products. The research project recognizes that the WTO constitutes one of the pillars of global governance, establishing principles such as Most Favored Nation (MFN) and National Treatment, designed to prevent discriminatory practices and guarantee stability in international trade. Over the years, a resurgence of trade unilateralism by the United States has been observed, generating trade tensions with developing countries such as Colombia. This raises questions about the true scope of multilateral rules and the effectiveness of free trade agreements (FTAs) as a mechanism for legal and economic protection. This paper analyzes the tensions between WTO principles, particularly MFN, through a study of the Free Trade Agreement between Colombia and the United States. From a global governance perspective, it examines how, despite the existence of a regulatory framework aimed at guaranteeing common rules, power dynamics persist in practice, conditioning its application. In this context, the increase in tariffs by the United States highlights the limitations of the multilateral system and the tensions between international commitments and state decisions, as well as the asymmetrical nature of the bilateral agreement, whose effects fall more intensely on developing economies such as Colombia's; in conclusion, in the face of unilateral measures by the United States as a world power, the reach of the most favored nation is limited given the asymmetries that exist in the trade system.