Abstract
Jurisdictional conflicts between the World Trade Organization ("WTO") and RTAs are increasingly serious as RTAs continue to blossom. Using case analyses and comparison of legal texts, this article attributes the main responsibility for jurisdictional conflicts between the WTO and RTAs to the lack of WTO rules relating to the issue. The article emphasizes the role of juridical power on this issue and offers two arguments by which the WTO Dispute Settlement Body ("WTO DSB") might overcome the deficiency of Article XXIV of General Agreement on Trade and Tariff ("GATT") 1994, which is the primary regulation for RTAs under the WTO system. One of these is to utilize forum-choice clauses of RTAs and the other is to consider general principles of international law related to jurisdictional conflicts. This article considers an application of general principles of international law to be the more suitable solution at present. Interpretation, distinguishing jurisdiction and admissibility, and inherent jurisdiction are three legal bases for better application, and may help the WTO DSB overcome the present difficulties. © The Author 2012. Published by Oxford University Press. All rights reserved.
| Original language | English |
|---|---|
| Pages (from-to) | 281-319 |
| Journal | Chinese Journal of International Law |
| Volume | 11 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - Jun 2012 |
| Externally published | Yes |
Bibliographical note
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