The WTO Law of International Responsibility

What is it about?

The sovereignty and equality of states together are considered bedrock principles in international law and constitute the motive behind the conclusion of international agreements. In fact, the sovereign equality of states brings about their free consent to be bound by the obligations to which they submit themselves, while enjoying the corresponding right to claim reciprocity from the other participant(s) to a treaty. As a branch of public international law, the World Trade Organization (WTO) regime has developed a somewhat comprehensive dispute settlement system (DSS) to make sure that obligations undertaken by members are enforced when they fail to comply with them. The DSS is thus central in ensuring security and predictability in trade relations. WTO law does not derogate to this principle of international law’s conferment of rights and obligations upon its members. By the same token, violations of WTO agreements, as defined by the multilateral rules, trigger the responsibility of the violator towards those that are affected by its conduct.

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Why is it important?

This paper is mainly about the consequences for conducts contrary to the law of the World Trade Organization (WTO) and African countries (non-) participation in the development of WTO jurisprudence. Central in this paper is the question whether the WTO dispute settlement system, as part of international law, is a self-contained regime or a lex specialis when it comes to remedies for breach of WTO obligations. Equally important is the place of African Members in developing WTO body of case law.