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Research on the Legal Issues Arising from the jurisdiction Overlaps between WTO and RTAs in Dispute settlement

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2016, (16), pp.23-41
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

钟 英 通 1

1南政法大学

Candidate

ABSTRACT

The proliferation of the dispute settlement mechanism in RTAs has posed a great threat to that of WTO, which triggered problems regarding the overlaps of jurisdictions such as forum shopping and parallel proceedings. On the one hand, the panels and the Appellate Body of WTO avoided solving these problems directly. On the other hand, suggestions from scholars were in lack of feasibility. This article suggests that from the perspective of feasibility, with the advantages of WTO dispute settlement mechanism and flexibility of making and amending the contents of RTAs in mind, WTO members may solve the problems of the overlaps of jurisdictions by amending the articles of RTAs properly.

Citation status

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