Sanctions, the World Trade Organisation and the Eurasian Economic Union: examining the legal interrelationships
Abstract
The legal framework and practices of World Trade Organisation are examined with relevance to the settlement of disputes over the application of unilateral trade-restrictive measures. Changes are described in the interpretation of the nature of the security exemptions provided in art. XXI of General agreement on tariffs and trade and similar provisions of General agreement on trade in services and Agreement on trade-related aspects on intellectual property rights and invoked by states as justification for trade and economic sanctions. Specifically, there is a tendency to reject – in doctrine and case law – the interpretation of the security clause as self-judging, or not subject to judicial review. It is argued that the necessity test and the principle of good faith should preferably underlie adjudications on the legality of invoking the security exemption. Experiences of the EAEU states with the WTO dispute settlement procedures are considered, and recommendations are made on the merits of the observer status for EAEU at the WTO. Finally, approaches are proposed to consolidate the positions of the EAEU member states on interpreting and applying WTO law in regard to restrictive measures.
References
- Kern A. Economic sanctions: law and public policy. London: Palgrave Macmillan; 2009. 358 p.
- van Bergeijk P, van Marrewijk C. Economic sanctions: a hidden cost of the new world order. In: Chatterji M, Jager H, Rima A, editors. The economics of international security. London: Palgrave Macmillan; 1994. p. 168–182.
- Smeets M. Can economic sanctions be effective? [Internet; cited 2022 May 24]. Available from: https://www.wto.org/english/res_e/reser_e/ersd201803_e.pdf.
- van den Bossche P, Prevost D. Essentials of WTO law. Cambridge: Cambridge University Press; 2018. 321 p.
- Pirker B. Proportionality analysis and international commercial arbitration – the example of public policy and domestic courts. In: Jemielniak J, Nielsen L, Olsen HP, editors. Establishing judicial authority in international economic law. Cambridge: Cambridge University Press; 2016. p. 290‒319.
- Regan DH. The meaning of necessary in GATT article XX and GATS article XIV: the myth of cost-benefit balancing. World Trade Review. 2007;6:347‒369.
- Douhan AF. Negative impact of unilateral sanctions on the enjoyment of human rights in the COVID-19 pandemic. Journal of the Belarusian State University. International Relations. 2020;2:78–85.
- Boklan DS, Absaliamov VV, Kurnosov YuS. A rerestrictive measures and countermeasures justifiable by WTO security exceptions: objective or subjective approach? Moscow Journal of International Law. 2018;3:18‒29.
- Mitchell AD. Chapter 13: sanctions and the World Trade Organisation. In: van den Henrik L, editor. UN sanctions and international law. London: Edward Elgar Publishing; 2017. p. 283–303.
- Bogdanova I. Targeted economic sanctions and WTO law: examining the adequacy of the national security exception. Legal Issues of Economic Integration. 2021;48(2):171–200.
- Bahmei M, Sabzevari H. Self-judging security exception clause as a kind of carte blanche in investment treaties: nature, effect and proper standard of review. Asian Journal of International Law. 2022;1:1‒27. DOI: 10.1017/S2044251322000273.
- Mikhaliova TN. Pravovoe regulirovanie regional’noi ekonomicheskoi integratsii: vyzovy i perspektivy [Legal regulation of regional economic integration: challenges and prospects]. Minsk: Institut radiologii; 2016. 198 p. Russian.
- Hafner-Burton EM, Montgomery AH. Power or plenty: how do international trade institutions affect economic sanctions? The Journal of Conflict Resolution. 2008;52(2):213‒242.
- Slepak V. National security clause: law and practice of European Union and Eurasian Economic Union [Internet; cited 2022 August 24]. Available from: https://iopscience.iop.org/article/10.1088/1742-6596/1406/1/012002/pdf.
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