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Violation by Western Countries of the WTO Right to Freedom of International Transit

https://doi.org/10.26794/1999-849X-2024-17-3-149-155

Abstract

The relevance of the study is due to the fact that despite the fact that Part 2 of Article 5 of the General Agreement on Tariffs and Trade (GATT 1947), which is an integral part of the General Agreement on Tariffs and Trade of 1994 (GATT 1994), provides for freedom of transit, it is significantly limited at present due to the difficult geopolitical situation in violation of the rights of WTO members. This situation causes a sense of social anxiety among the public, primarily because, as a result of the international division of labor, the development of both global and national economies largely depends on the rule of law governing the transit movement of goods, services, capital and technology. For this reason, simplifying the transit procedure or ensuring its freedom is one of the main conditions for improving people’s living standards, increasing employment and significantly increasing real incomes of the population. The subject of the study is the norms of international and national law in the field of ensuring freedom of international transit. The purpose of the work is to establish the role and importance of the WTO in national legal systems in which measures are taken and applied that are directly opposite to the WTO regulations. The study examines the specifics of the interpretation and application of WTO law, which do not allow exemption from liability in case of restriction and prohibition of transit through contracting States through the operation of certain acts of domestic or international law. It is concluded that, despite the once achieved victory of internationalism over nationalism in the field of international trade, the introduction of unilateral pressure measures restricting freedom of transit indicates the predominance of the latter in this area, which hinders the effective development of the world economy in the conditions of modern megatrends.

About the Author

M. V. Kaurakova
Financial University
Russian Federation

Maria V. Kurakova – Cand. Sci. (Law), Assoc. Prof. of the Department of Legal Regulation of Economic Activity, Financial University, Moscow, Russia; expert of the Russian Gas Society.

Moscow



References

1. Anufrieva L. P., Zhdanov V. A., Kalinichenko P. A. etc. Law: theory and practice. Monograph. Moscow: Norma, Infra-M; 2016:528.

2. Richard N. Gardner. GATT and the united nations conference on trade and development. International organization. 1964;18(4):685–704.

3. Pauwelyn J. The role of public international law in the WTO: How far can we go? The American Journal of International Law. 2001;95:535–578.

4. Eliason A. The trade facilitation agreement: a new hope for the world trade organization. World Trade Review. 2015;14:643–670.

5. Suhailah Akbari. Freedom of transit of landlocked countries in light of international multilateral agreements. European Yearbook of International Economic Law. 2021;17:1–247.

6. Huarte Melgar B. The Transit of goods in public international law. Brill. 2015.

7. Pogoretskyy V. Freedom of transit and the principles of effective right and economic cooperation: can systemic interpretation of GATT Article V promote energy security and the development of an international gas market? Journal of International Economic Law. 2013;16(2):313–352.

8. Ciocoiu C. M. Integrating digital economy and green economy: opportunities for sustainable development. Theoretical and Empirical Researches in Urban Management. 2011;6(1):33–43.

9. Robert J. Johnston. Reed Blakemore, Randolph Bell. The role of oil and gas companies in the energy transition, Atlantic Council. 2020:5–14.

10. Walker D. Proceedings of the academy of political science in the city of New York. International Problems and Relations. 1926;2(1):445–453.

11. Hesham M Abdelgawad. Detention of ‘non-union goods in transit’ at the EU borders and the right to freedom of transit: a new battle between IP and international trade? Journal of Intellectual Property Law & Practice. 2018;13(6):469–476.

12. Gabriel M., Trone J. Commercial law of the European Union. Springer. 2010:39–73.

13. Gulasaryan A. S. International legal implementation of norms on responsibility of international organizations. Monograph. Bekyasheva K. A., ed. Moscow: Statute; 2015:224.

14. Mendelson M. The definition of international organization in the international law commission’s current project on the responsibility of international organizations. Ragazzi M., ed. International Responsibility Today: Essays in Memory of Oscar Schachter. Martinus Nijhoff Publishers. 2005;374–375.


Review

For citations:


Kaurakova M.V. Violation by Western Countries of the WTO Right to Freedom of International Transit. Economics, taxes & law. 2024;17(3):149-155. (In Russ.) https://doi.org/10.26794/1999-849X-2024-17-3-149-155

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ISSN 1999-849X (Print)
ISSN 2619-1474 (Online)