INTERNATIONAL JUDICIAL REVIEW IN WTO LAW

Within the framework of the World Trade Organization (WTO), one of the most effective dispute resolution systems operates, which, despite certain crises in recent years, compares favorably with systems for monitoring compliance with international obligations that exist within other international legal regimes. One of the notable features of the dispute resolution system within the WTO is the development of a relatively autonomous institution of international judicial review, which was formed due to the importance of the factor of security (certainty) and predictability in the multilateral trading system. The present article comments on the role of this factor in the context of jurisdictional guarantees for dispute resolution (namely the purpose of the dispute resolution system) and the features of the set of material obligations under the WTO law — their content, taking into account the interpretation in practice, and the presence of “systemic” obligations (for example, such as provided for in paragraph 4 of Article XVI of the Marrakesh Agreement establishing the World Trade Organization). The corresponding role of this factor determines the practical possibility of panels and the Appellate Body, within the framework of the existing dispute resolution procedures of the World Trade Organization, to assess the compatibility with the rules of WTO law of domestic legislation, including, as such, i.e. not in relation to its application in specific cases or even in the absence of a practice of such application. Although the practice of international justice knows examples of the exercise of such functions by international courts, there is no autonomous institution similar to that established within the World Trade Organization in other areas of international legal regulation.

international judicial review, judicial regulatory review, functions of international courts, WTO law, dispute resolution within the WTO, systemic obligations, international obligations, general international law, international justice, pacta sunt servanda

Krasikov D. V. International judicial review in WTO law. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):201—204. DOI: 10.25683/VOLBI.2023.65.811.