Attribution of Conduct to the State: How the Rules of State Responsibility may be Applied Within the WTO Dispute Settlement System

Santiago M. Villalpando

Journal of International Economic Law, 2002, vol. 5, issue 2, 393-420

Abstract: The present article identifies the tests that make it possible to determine whether a breach of obligations under the WTO agreements is a conduct of the Member and therefore entails its responsibility under international law. It examines the relevant provisions of the WTO agreements and the case law of the dispute settlement bodies in light of the principles of the law of State responsibility codified by the UN International Law Commission. Special consideration is given to the issues related to the conduct of organs of the State, territorial units, para-statal entities (including State trading enterprises) and individuals or private corporations. Copyright Oxford University Press 2002, Oxford University Press.

Date: 2002
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Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

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