Interests of the business. How business can protect its interests during the consideration of disputes in the WTO

Evgeny Zhilin, Associated Partner of the Law Firm "YUST"

Gulnaz Ismagilova, undergraduate of the MGIMO of MFA of Russia, intern of the Law Firm “YUST”

Since August 22 of 2012, the Russian Federation is a full member of the World Trade Organization. Our country now is a party to numerous agreements within the WTO framework and has a wide scope of rights and duties in the sphere of international commerce. In this connection, the business representatives grow increasingly more interested in the mechanism of resolution of international disputes within the united commercial space and in its operation. Do they have any chance of influencing the process?

As a general rule, any WTO member may contest any measures taken by another state, which diminish or annul advantages under the WTO law (Federal Law No. 126-FZ dated July 21 of 2012“On ratification of the Protocol on Russia’s accession to the Marrakech Agreement establishing the World Trade Organization dated April 14 of 1994”). However, only the WTO member states may be parties to the dispute consideration in the dispute settlement body (hereinafter – DSB). Meanwhile, trade barriers imposed by a WTO member state and limiting the company’s actions are the cause of direct concerns of certain organizations and entrepreneurs. The agreement on the rules and procedures of dispute settlement in the WTO does not directly stipulate the participation of said interested persons. However, pursuant to the principle “whatever is not prohibited, is allowed” and provisions of the national and international law, they may in practice participate in the proceedings indirectly. The use of procedural opportunities to the maximum and the practice formed according to their interests is a general premise for their participation.

They have three strategies at their disposal. <…>

The full text of the article is available in the printed version of the New Advocate’s Newspaper, issue No. 7 of 2013.