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

• Main Authors: Liliya Andreyevna Travina, Sergey Aleksandrovich Katushenko
• Format: Article
• Language: English
• Published: Tatar Educational Center "TAGLIMAT" Ltd. 2016-12-01
• Series: Aktualʹnye Problemy Èkonomiki i Prava
• Subjects: International law
• Online Access: http://apel.ieml.ru/storage/archive_articles/9454.pdf

Objective to determine the degree of legitimacy of the imposed antiRussian 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 Russia39s response can be justified by the same provision as the antiRussian 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 author39s 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 antiRussian 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.