CEU Electronic Theses and Dissertations, 2022
| Author | Cherubini Retamero, Stefano |
|---|---|
| Title | Third Parties Legitimacy To Impose Trade Sanctions Under XXI GATT |
| Summary | The main issue which I will explore with my Capstone Project is whether, pursuant to Article XXI of the GATT, the parties to an armed conflict can be the target of lawful trade sanctions imposed by third-party states. This article provides member States with the security exceptions that allow them to deviate from the obligations assumed in the treaty without incurring in a breach which could be potentially challenged in the WTO’s dispute settlement mechanism. In this regard, due to the current escalation of the conflict between Russia and Ukraine, I will be focusing on analyzing the legal basis of the sanctions that are currently being imposed on Russia, with a particular focus on those imposed by the EU, the US and the UK. The analysis will consist of a study of the internal legislative basis to impose the sanctions, as well as of the invoked international sources of law, a revision of the historical invocation of the provision, as well as an in-depth examination of the relevant WTO jurisprudence and communications in the matter. |
| Supervisor | Soave, Tommaso |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/cherubini_stefano.pdf |
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