Russia’s Invasion of Ukraine: a WTO Perspective

Kucheriava, Yuliia (2022). Russia’s Invasion of Ukraine: a WTO Perspective. Global Trade and Customs Journal, 17(10), pp. 417-430. Wolters Kluwer 10.54648/gtcj2022060

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Times of emergency in international relations are, indeed, a true test, not just for individuals but also for legal frameworks, including the one of the World Trade Organisation (WTO). This article aims to assess the ability of the WTO legal framework to address challenges that have arisen due to the Russia’s invasion of Ukraine. This is done through a two-pronged approach covering: (1) a general assessment of provisions of the relevant WTO Agreements and their role for addressing the current conflict in Ukraine; (2) an assessment of potential limitations to the system that may preclude effective response to the conflict. The article demonstrates that despite the fact that WTO Agreements do not provide for specific set of rights and obligations to regulate trade in times of war, they contain various mechanisms that help to ‘keep finger on the pulse’ to maintain order on the international trade arena. This is done, inter alia, via the various exemptions and exceptions WTO Members may resort to in times of extraordinary events. It further argues that despite its potential limitations, WTO law provides for a whole range of instruments to dissuade or ward off actions like the unpreceded invasion of Ukraine.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

UniBE Contributor:

Kucheriava, Yuliia

Subjects:

300 Social sciences, sociology & anthropology > 320 Political science
300 Social sciences, sociology & anthropology > 330 Economics
300 Social sciences, sociology & anthropology > 340 Law
300 Social sciences, sociology & anthropology > 350 Public administration & military science
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation

ISSN:

1569-755X

Publisher:

Wolters Kluwer

Language:

English

Submitter:

Mario Sgarrella

Date Deposited:

15 Nov 2022 10:16

Last Modified:

05 Dec 2022 16:25

Publisher DOI:

10.54648/gtcj2022060

Related URLs:

URI:

https://boris.unibe.ch/id/eprint/173398

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