по-русски

Actual Problems of
Economics and Law

 

16+

 

DOI: 10.21202/1993-047X.10.2016.4.166-175

скачать PDF

Authors :
1. Liliya Andreyevna Travina, 2nd year student of the magister program “Financial, Tax and Customs law”
National Research University “Higher School of Economics”

2. Sergey Aleksandrovich Katushenko, 1st year student of the magister program “Legal regulation of economic turnover”
National Research Nizhniy Novgorod State University named after N. I. Lobachevskiy



Legitimacy of anti-Russia sanctions and response measures within the membership in the WTO


Objective: to determine the degree of legitimacy of the imposed anti-Russian sanctions and retaliatory measures from the point of view of the World Trade Organization, to assess the prospects of a possible recourse to the dispute settlement body.

Methods: this goal is achieved through both general and special scientific methods. The general scientific methods, used by the author, include induction, deduction, systematic method, synthesis and generalization. The author uses formal legal method for the interpretation of the law. In addition, the historical method is applied to the study of the history of economic sanctions.

Results: it was concluded that formally the imposed sanctions conform to the right of the World Trade Organization, though the provision that stipulates them is very extensive. In addition, it is argued that Russia's response can be justified by the same provision as the anti-Russian sanctions, but at the same time, the Russian position is more advantageous due to a number of other provisions of the World Trade Organization. It is also concluded that the positive prospects of resolving the conflict in the framework of the dispute settlement body are unlikely.

Scientific novelty: the article studies the law of the World Trade Organization and the national legislation of the parties to the conflict on the research question, analyzes a wide range of domestic and foreign scientific works, and proposes the author's definition of economic sanctions, which refers to the set of actions of restrictive nature in the framework of economic activities, used by one party (the subject of sanctions) against another (the target) and aimed at forced correction of their political course.

Practical significance: the basic provisions of the article can be used in the research activities on the legality of anti-Russian economic sanctions and retaliatory measures within the right of the World Trade Organization. In addition, the work may be of interest to practitioners and students of international law.


Keywords :

International law; World Trade Organization; Economic sanctions; Response measures; Legitimacy; European Union; United States of America; Russian Federation


Bibliography :

1. Hufbauer, G. C., Schott, J. J., Elliott, K. A., Oegg, B. Economic Sanctions Reconsidered, 3rd edition, Washington, DC: Peterson Institute for International Economics, 2007, 233 p.
2. Abdikarim, E. Economic sanction right or retorsion, Ekonomika, sotsiologiya i pravo, 2014, No. 4, pp. 166–168 (in Russ.).
3. Loginova, A. S., Travina, L. A. Comparative-legal research of the actions of Comecon, European Union and Eurasian Economic Union, Pravo i sovremennye gosudarstva, 2015, No. 2, pp. 47–59 (in Russ.).
4. Gudkov, I., Mizulin, N. “Sanction war” of EU and Russia in the aspect of WTO legislation, Pravo VTO, 2014, No. 2, pp. 46–52 (in Russ.).
5. Dews, F. NATO Secretary-General: Russia's Annexation of Crimea Is Illegal and Illegitimate, Brookings, 19.03.2014, available at: http://www.brookings.edu/blogs/brookings-now/posts/2014/03/nato-secretary-general-russia-annexation-crimea-illegal-illegitimate (access date: 01.02.2016).
6. Loginova, A. S. Russia’s joining the WTO in the context of cooperation with the Customs Union counties, Evraziiskii yuridicheskii zhurnal, 2014, No. 5 (72), pp. 55–58 (in Russ.).
7. Loginova, A. S. Problems of the Russian business adaptation to the WTO conditions, Evraziiskaya ekonomicheskaya integratsiya, 2014, No. 3 (24), pp. 63–71 (in Russ.).
8. Slashcheva, I. A. Unilateral sanctions of the WTO members: the reasons which make the countries act outside the WTO dispute settlement authority, Ekonomika, sotsiologiya i pravo, 2015, No. 3, pp. 65–68 (in Russ.).
9. Mikheeva, I. V. Balance of permissive authorities of the Russian and the Russian subjects’ executive bodies, Administrativnoe pravo i protsess, 2014, No. 4, pp. 35–39 (in Russ.).
10. Loginova, A. S. Problems of the Russian business adaptation to the WTO conditions, Bezopasnost' biznesa, 2014, No. 4, pp. 16–20 (in Russ.).
11. Grib, V. V., Egorova, M. A. Legal bases for unilateral sanctions under the WTO legislation, Yuridicheskii mir, 2014, No. 12, pp. 48–56 (in Russ.).
12. Vittstum, V. G. International law, Moscow – Berlin: Infotropik-Media, 2011, 992 p. (in Russ.).
13. Smeets, M. Conflicting Goals: Economic Sanctions and the WTO, Global Dialogue, vol. 2, No. 3, 2000, available at: http://www.worlddialogue.org/content.php?id=100 (access date: 02.03.2016).
14. GATT Analytical Index: Guide to GATT Law and Practice, Geneva: World Trade Organisation, 1995, 1206 p.
15. Sannikova, L. V. Economic Sanctions and the WTO legislation, Law and Business: convergence of the private and public law in business regulation: collection of works of the 4th Annual international scientific-practical conference in memory of an Honored Lawyer of the Russian Federation, Professor N.M. Korshunov, Moscow: MAEP, 2015, 352 p. (in Russ.).
16. Lindsay, P. The ambiguity of GATT article XXI: Subtle success or rampant failure?, Duke law journal, vol. 52:1277, 2003, pp. 1276–1313.
17. Spanogle, Jr. J. A. Can Helms-Burton Be Challenged under WTO, Stetson Law Review, vol. XXVII, 1998, pp. 1313–1340.


Citation :

Travina L. A., Katushenko S. A. Legitimacy of anti-Russia sanctions and response measures within the membership in the WTO, Actual Problems of Economics and Law, 2016, vol. 10, No. 4, pp. 166–175 (in Russ.). DOI: 10.21202/1993-047X.10.2016.4.166-175


Type of article : The scientific article

Date of receipt of the article :
07.04.2016

Date of adoption of the print :
24.06.2016

Date of online accommodation :
29.12.2016