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A responsabilidade internacional norte-americana na jurisdição comercial da Organização Mundial do Comércio a partir do caso WTO-OSC/DS267 - upland cotton

Authors :
Paulo Emílio Vauthier Borges de Macedo
Flávio Marcelo Rodrigues Bruno
Marilda Rosado de Sá Ribeiro
Source :
Scientia Iuris. 23:25
Publication Year :
2019
Publisher :
Universidade Estadual de Londrina, 2019.

Abstract

This paper discusses the international responsibility of the State and the role of international jurisdictions – specifically analyzing the international responsibility of the United States in the commercial jurisdiction of the World Trade Organization, utilizing the WTO-OSC/DS267, known as the Upland Cotton case. For the State, it is inevitable that there will always be conflicts of interest subject to internationally recognized trade rules. This leads to a situation where international organizations need to implement a harmonization mechanism using decisions based on the regulation of international trade. Moreover, a State has the obligation to repair damage caused by disrespecting principles of Public International Law. Furthermore, general principles of international law apply to the WTO and its agreements. In this sense, the relationship of international responsibility in the WTO Dispute Settlement System (SSC) transcends party involvement in disputes as it concerns all the WTO members. This paper discusses the international responsibility of the State and the role of international jurisdictions – specifically analyzing the international responsibility of the United States in the commercial jurisdiction of the World Trade Organization, utilizing the WTO-OSC/DS267, known as the Upland Cotton case. For the State, it is inevitable that there will always be conflicts of interest subject to internationally recognized trade rules. This leads to a situation where international organizations need to implement a harmonization mechanism using decisions based on the regulation of international trade. Moreover, a State has the obligation to repair damage caused by disrespecting principles of Public International Law. Furthermore, general principles of international law apply to the WTO and its agreements. In this sense, the relationship of international responsibility in the WTO Dispute Settlement System (SSC) transcends party involvement in disputes as it concerns all the WTO members

Details

ISSN :
21788189 and 14156490
Volume :
23
Database :
OpenAIRE
Journal :
Scientia Iuris
Accession number :
edsair.doi...........683404c0fc2b7053e0fd19af6d6ddc9a