Conflict of Jurisdictions Between the WTO Dispute Settlement Body and Regional Systems
( Pp. 375-379)

More about authors
Pokrovskaia Natalia Vladimirovna kand. yurid. nauk, aspirant
Moscow State Linguistic University
Moscow, Russia
Abstract:
The purpose of this research paper is to study the problem of conflict of jurisdictions between the WTO Dispute Settlement Body and regional integration systems. Based on the study of the existing international legal framework on the issue of determining jurisdiction over trade disputes, the author analyzes the position of the WTO regarding their jurisdiction in the presence of a conflict of jurisdictions. The main legal prerequisites for their resolution in alternative quasi-judicial bodies created within the framework of trading systems in the CIS region are highlighted. The classification of the main models of the intersection of jurisdictions is carried out. Results. As a result of studying the practice of resolving disputes within the framework of the global trading system, the author comes to the conclusion that there is no universal approach to the definition of jurisdiction in it. In this regard, the author proposes the use of the universal legal principle lis alibi pendens, according to which the simultaneous consideration of the dispute in several instances is excluded, except for cases when the initial court refused to accept it. In addition, conclusions are formulated on the advisability of a constructive dialogue between the WTO member states on the issue of the distribution of jurisdiction between the RTS and the WTO and on the operation of the dispute settlement mechanism between the RTS and the WTO.
How to Cite:
Pokrovskaia N.V., (2021), CONFLICT OF JURISDICTIONS BETWEEN THE WTO DISPUTE SETTLEMENT BODY AND REGIONAL SYSTEMS. Gaps in Russian Legislation, 5 => 375-379.
Reference list:
Baroncini E. WTO and regional dispute resolution systems: conflict of jurisdictions // International justice. 2014. No. 3 (11). S. 131-136.
Boklan D.S. Eurasian Economic Union and the World Trade Organization: Correlation of Legal Regimes // Law. Journal of the Higher School of Economics. 2017. No. 2. URL: https://cyberleninka.ru/article/n/evraziyskiy-ekonomi-cheskiy-soyuz-i-vsemirnaya-torgovaya-organizatsiya-sootnoshenie-pravovyh-rezhimov (date accessed: 07/31/2021).
Bortnikov S. P., Kiseleva N. S. Pre-trial dispute resolution within the WTO: consultations and conciliation procedures // Bulletin of the Samara Humanitarian Academy. Series: Right. 2020. No. 1 (24). S. 80-88.
Zaitseva L.I., Stepashkin A.V. Features of the dispute resolution procedure within the WTO // In the collection: Innovations in the sectors of the national economy, as a factor in solving the socio-economic problems of our time. Collection of reports and materials of the IV International Scientific and Practical Conference. 2014.S. 108-112.
Zenin I.R. WTO Dispute Resolution Procedure: Russian Experience Sociosphere. 2019.No. 2.P. 28-32.
Iltubaeva A.A. Prospects and Barriers to Integration of NAFTA and MERCOSUR // Student Bulletin. 2020. No. 16-6 (114). S. 72-75.
Kazachenok S.Yu. Implementation of the basic principles of activity and legal principles of the WTO in the regulation of the resolution of foreign economic disputes Bulletin of the Volgograd State University. Series 5: Jurisprudence. 2013. No. 2 (19). S. 110-116.
Kirilenko V.P., Mishalchenko Yu.V., Shchepova A.N. International legal and economic aspects of dispute resolution within the WTO in the context of international integration // Eurasian integration: economics, law, politics. 2021. No. 2 (36). S. 64-71.
Kudryashov V.S. International Economic Integration: Theoretical Aspects and World Practice // Scientific Notes of the Tambov Branch of the Russian Academy of Medical Sciences. 2019.No. 14.P. 78-89.
Sabelnikov L.V. System and Practice of Dispute Resolution in the WTO // Russian Foreign Economic Bulletin. 2015. No. 3. S. 59-74.
Khuzikhanova A.R. The WTO Dispute Settlement Body and Judicial Mechanisms of International Regional Organizations of Economic Integration: Conflict of Jurisdictions // Russian Law Journal. 2016. No. 6 (111). S. 47-51.
Courtney Furner, Nadine Lederer, Claire Sergaki, lt;i gt;The WTO s Exclusive and Compulsory Jurisdiction v.Dispute Resolution Mechanisms lt;/i gt; in Regional Trade Agreements: A Clash of Jurisdiction , (2020), 15, Global Trade and Customs Journal, Issue 1, pp. 24-30, https://kluwerlawonline.com/journalarticle/Global Trade and Customs Journal/15.1/GTCJ2020005 (Data obrashcheniya: 09.08.2021).
Kenta Hirami, 2020. quot;FTAs in WTO Dispute Settlement, quot; Public Policy Review, Policy Research Institute, Ministry of Finance Japan, vol. 16(5), pages 1-18, August.
Kwak, Kyung Marceau, Gabrielle. (2006). Overlaps and Conflicts of Jurisdiction between the World Trade Organization and Regional Trade Agreements. DOI: 10.1093/acprof:oso/9780199206995.003.0021 (Data obrashcheniya: 09.08.2021).
Zang, M. (2019). When the Multilateral Meets the Regionals: Regional Trade Agreements at WTO Dispute Settlement. World Trade Review, 18(1), 33-61. doi:10.1017/S1474745618000010 (Data obrashcheniya: 09.08.2021).
Keywords:
conflict of jurisdictions, regional trading systems, Dispute Settlement Body of the WTO, selection of a dispute settlement body, international courts, trade disputes.


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