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Conflicts of Jurisdiction between the WTO Dispute Settlement Mechanism and Ones under RTAs

Student: Zavershinskaia Daria

Supervisor: Daria Boklan

Faculty: Faculty of Law

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

Year of Graduation: 2020

Through the prism of the WTO legal framework, the master thesis explores what techniques of resolution of conflicts of jurisdiction between dispute settlement mechanism of the WTO and the ones constituted under regional trade agreements should be applied. To highlight these techniques, the thesis examines the place of the WTO law in public international law, applicable law in the WTO proceedings and the WTO case law analysing the issues related to a conflict of jurisdiction. As a result of this analysis, the principles of estoppel, res juicata, waiver and fork-in-the-road provisions in regional trade agreements are considered the most efficient means of resolution of conflicts of jurisdiction.

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