Legal regulation of liability in the WTO and the EAEU

Abstract

The issue of international responsibility continues to be one of mist debatable topics among academia and in the decisions of international courts and tribunals. One of the major features of the WTO is a highly specific and to certain extent unique system of responsibility for violation of WTO rules elaborated by the founding member states. As a result of significant deviations from the classical approach as provided by the International Law Commission in its both Drafts Articles of international responsibility, WTO rules of state responsibility are widely treated by academia as lex specialis with its own advantages and disadvantages. Despite of existence of some rules of state responsibility in the Treaty of the Eurasian Economic Union such rules are mostly of sporadic, case-specific and badly coordinated character based on misguided borrowing of WTO approach which is ill-suited for the purpose of creation of common internal market. The necessity for the EAEU to create its own complex of norms on liability should not lead to a blind replication of either ILC or WTO approaches, as this could be at odds with the objectives of Eurasian integration. It’s suggested as one of possible alternatives to use the approach of the Court of Justice of the EU rejecting almost from the very beginning a classical international law canon of horizontal control performed by the states themselves backed by the use of the horizontal measures of enforcement towards the state violating its obligations.

References

1. Boklan, D.S. (2017). Eurasian Economic union and World trade Organization: Interrelation of legal regimes. Law. Journal of the Higher School of Economics, 2, pp. 223–236 (in Russ.).

2. Boklan, D., Boklan, O. and Smbatyan, A. (2016). Relevance of articles on responsibility of states for internationally wrongful acts of 2001 for legal defense in WTO dispute settlement mechanism. International justice, 4 (20), pp. 99–113 (in Russ.).

3. Ispolinov, A.S. and Kadysheva, O.V. (2020). Crisis in the WTO’s dispute settlement system: looking for alternatives. Law, 10, pp.136–144 (in Russ.).

4. Kozheurov, Y.S. (2013). International Liability for Violation of “WTO Law”: Relation to International Law. Actual Problems of Russian Law, 10, pp. 1334–1340 (in Russ.).

5. Kozheurov, Y.S. (2017). «Non-Violence» as a Liability Basis under the World Trade Organization Law. International economic law, 1, pp. 16–24 (in Russ.).

6. Anufrieva, L.P. (ed.) (2016). WTO Law: Theory and Practice of Implementation. Moscow (in Russ.).