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  • Concurrent Jurisdiction of WTO Dispute Settlement Body and International Centre for Settlement of Investment Disputes

Concurrent Jurisdiction of WTO Dispute Settlement Body and International Centre for Settlement of Investment Disputes

Student: Sinitsin Nikita

Supervisor: Daria Boklan

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2020

The problem of concurrent jurisdiction in international disputes has long vexed scholars and adjudicators. This master thesis addresses an increasingly important problem with concurrent jurisdiction and the possibility of parallel disputes before the World Trade Organization and Investor-State arbitral tribunals. The purpose of this master thesis is to identify the nature of concurrent jurisdiction and find possible solutions to address it between WTO Dispute Settlement Body and Investor-State arbitration. The author considers various techniques for addressing concurrent jurisdiction. Furthermore, the material part will be analyzed with the example of national treatment in the WTO DSB and ICSID. As a result, the author concludes that ‘softer’ treaty provisions, which provide decision-makers with more authority and guidance in confronting situations of concurrent jurisdiction, hold greater promise.

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