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Kutafin Law Review (Юридический журнал имени Кутафина)  / №1 2014

SHOULD THE WTO HAVE RULES ON FRIVOLOUS CLAIMS IN ITS DISPUTE SETTLEMENT UNDERSTANDING? (176,00 руб.)

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Первый авторMogutova Yulia
Страниц13
ID400899
АннотацияThe globalization of economic relations gives rise to a number of international disputes. The necessity for an international dispute settlement organ is beyond doubt. However, the interdependence of politics and economics creates significant hurdles for the disputes settlement procedure. International courts not only settle disputes but also protect parties against groundless claims. This article addresses frivolous claims in international disputes and in WTO dispute settlements, in particular. It analyzes the legal nature of frivolous claims compared with de minimis claims, outlining the negative and destructive impact on international economic relations of the former. The author analyzes various approaches to handling frivolous claims in some international jurisdictions, including the ICJ as a well-known international dispute settlement body. Special attention is given to ICSID practice, which has many examples of dismissing frivolous claims. The author also analyzes the possibilities for adapting the equivalent mechanism in the WTO Dispute Settlement Understanding. The author suggests that a procedure for dismissing frivolous claim should be introduced at the consultation level and that the injured party should be entitled to compensation.
Mogutova, Y. SHOULD THE WTO HAVE RULES ON FRIVOLOUS CLAIMS IN ITS DISPUTE SETTLEMENT UNDERSTANDING? / Y. Mogutova // Kutafin Law Review (Юридический журнал имени Кутафина) .— 2014 .— №1 .— С. 130-142 .— URL: https://rucont.ru/efd/400899 (дата обращения: 19.04.2024)

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128 NOTE KUTAFIN UNIVERSITY LAW REVIEW SHOULD THE WTO HAVE RULES ON FRIVOLOUS CLAIMS IN ITS DISPUTE SETTLEMENT UNDERSTANDING? <...> By Yulia Mogutova Author Student, Kutafi n Moscow State Law University E-mail: Julia-mogutova@mail.ru Abstract The globalization of economic relations gives rise to a number of international disputes. <...> However, the interdependence of politics and economics creates signifi cant hurdles for the disputes settlement procedure. <...> It analyzes the legal nature of frivolous claims compared with de minimis claims, outlining the negative and destructive impact on international economic relations of the former. <...> The author analyzes various approaches to handling frivolous claims in some international jurisdictions, including the ICJ as a well-known international dispute settlement body. <...> Special attention is given to ICSID practice, which has many examples of dismissing frivolous claims. <...> The author suggests that a procedure for dismissing frivolous claim should be introduced at the consultation level and that the injured party should be entitled to compensation. <...> Keywords Frivolous claim, WTO Dispute Settlement Understanding, WTO law, ICSID, international disputes www.kulawr.ru Volume 1 September 2014 Issue 1 Yulia Mogutova Should the WTO Have Rules on Frivolous Claims? 129 Dispute settlement plays a crucial role both in national and international legal systems. <...> A party seeking to undermine the authority of the other party, or in other ways to discredit it, is common. <...> Bringing a claim in court is one option for adversely infl uencing the opposite party’s reputation. <...> As soon as the case is in the court, the proceedings become available to the public. <...> Even though the results of the proceeding depend on the court decision, the claims can have a negative impact on attitudes toward the respondent from the beginning of the procedure. <...> On the other hand, in case of a groundless claim, this may infl uence not only the defendant, but also the court itself, because respect for and confi dence in the judicial authorities are queried. <...> Dealing with such cases at the international level is a challenge for the international dispute settlement system. <...> When a dispute concerns international economic and political relations it is never easy for the court to outline the real merits of the case and fi <...>