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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Elena Vaskovskaya
Implementation of the Freedom of Transit Principle in Accordance with the WTO Law
Jurisprudence
(Bachelor’s programme)
2017
This graduate paper is aimed at elicitation of the rudiment ideas governing the implementation of the freedom of transit principle based on WTO framework through the DSB practice, along with detecting the borders and peculiarities of its application both on international and regional levels. The main objectives of the paper are: a) studying the historical context of the freedom of transit principle, analysis of international documents that contain the freedom of transit provisions; b) elicitation of the core principles and prerequisites that govern the freedom of transit existence in legal reality; c) analysis of the principle’s perception by the Dispute Settlement Body of the WTO; d) detection of the scope and applicability of the principle to the different types of goods; e) analysis of the peculiarities of the regional implementation of the notion.

The paper consists of an introduction, three chapters, seventeen paragraphs, a conclusion and a reference list. Chapter I considers the origins and the evolution of the freedom of transit principle in international law. Chapter II pays attention to the applicability borders of the principle along with its understanding by the DSB. Chapter III is dedicated to the implementation of the freedom of transit on the regional level.

Based on this research the following conclusions were made: firstly, the freedom of transit principle has been included in the international documents of different spheres and of different legal status; secondly, as the prerequisite, the notion has the MFN principle; thirdly, the TFA ratification is a new step in the evolution of the freedom of transit; fourthly, the practice of the DSB does not reflect on all of the issues of the freedom of transit; fifthly, the energy sources are to be included in the scope of Art. V of the GATT 1994; sixthly, BRTAs are an important mechanism for the freedom of transit applicability, as they contain elaborate and effective procedures for its implementation.

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