“Sources of The WTO Law”
The ESSAY on topic : “Sources of WTO Law”
By Julia Tkachenko
The discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of International Court of Justice. The discussion of WTO sources shall not be an exception. It is also based on such an article, but is characterized in more specialistic narrow way.
WTO law sources include:
1)WTO Agreements;
2)International custom;
3)The general principles of law;
4)Judical decisions (the reports of the Appellate Body) and the teachings of the most highly qualified publicists. WTO Agreements
The Marrakesh Agreement Establishing the World Trade Organization ( WTO Agreement) is a particular international convention within the meaning of Article 38(1)(a), as are the series of annexed additional agreements and legal instruments dealing with trade in goods and services as well as intellectual property rights. These are referred to as the ''WTO Agreements" or "covered agreements" and, except the Annex 1 of the Marrakesh agreement, include Annex 1A Multilateral Agreements on Trade in Goods, GATT 1994, Other duties and charges (GATT Art. II:l[b]), Understanding State trading enterprises (GATT Art. XVII), Understanding Balance-of-payments, Understanding Regional trade agreements (GATT Art. XXIV), Waivers of Obligations, Understanding Concession withdrawal (GATT Art. XXVIII), Understanding Marrakesh Protocol to the GATT 1994, Agriculture, Sanitary and Phytosanitary Measures, Textiles and Clothing, Technical Barriers to Trade, Trade-Related Investment Measures (TRIMs), Anti-Dumping (Article VI of GATT 1994), Customs valuation (Article VII of GATT 1994), Preshipment Inspection, Rules of Origin, Import Licensing, Subsidies and Countervailing Measures, Safeguards.
International custom
Customary international law plays a specific role in WTO dispute settlement by virtue of Article 3.2 of the Dispute Settlement Understanding, which specifies that the purpose of dispute
By Julia Tkachenko
The discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of International Court of Justice. The discussion of WTO sources shall not be an exception. It is also based on such an article, but is characterized in more specialistic narrow way.
WTO law sources include:
1)WTO Agreements;
2)International custom;
3)The general principles of law;
4)Judical decisions (the reports of the Appellate Body) and the teachings of the most highly qualified publicists. WTO Agreements
The Marrakesh Agreement Establishing the World Trade Organization ( WTO Agreement) is a particular international convention within the meaning of Article 38(1)(a), as are the series of annexed additional agreements and legal instruments dealing with trade in goods and services as well as intellectual property rights. These are referred to as the ''WTO Agreements" or "covered agreements" and, except the Annex 1 of the Marrakesh agreement, include Annex 1A Multilateral Agreements on Trade in Goods, GATT 1994, Other duties and charges (GATT Art. II:l[b]), Understanding State trading enterprises (GATT Art. XVII), Understanding Balance-of-payments, Understanding Regional trade agreements (GATT Art. XXIV), Waivers of Obligations, Understanding Concession withdrawal (GATT Art. XXVIII), Understanding Marrakesh Protocol to the GATT 1994, Agriculture, Sanitary and Phytosanitary Measures, Textiles and Clothing, Technical Barriers to Trade, Trade-Related Investment Measures (TRIMs), Anti-Dumping (Article VI of GATT 1994), Customs valuation (Article VII of GATT 1994), Preshipment Inspection, Rules of Origin, Import Licensing, Subsidies and Countervailing Measures, Safeguards.
International custom
Customary international law plays a specific role in WTO dispute settlement by virtue of Article 3.2 of the Dispute Settlement Understanding, which specifies that the purpose of dispute