Kazachenok S.Yu. The implementation of the basic principles of law and the principles of the WTO regulations in settlement of foreign economic disputes

Kazachenok S.Yu.

Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law (fundamental department of SSC RAS), Volgograd State University, Head of Branch № 5 of Volgograd College of Advocates, Member of the Volgograd Region Public Chamber, Honored Lawyer of the Russian Federation

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Abstract. The article investigates the legal fact, understanding and interpretation of the principles of the WTO in the context of their reception in the dispute resolution procedures of foreign international commercial arbitrations. Strictly regulated procedure for the resolution of commercial disputes in the WTO and effective system designed to appeal put dispute settlement body established under the WTO in a number of the most effective mechanisms for resolving economic conflicts. However, the bodies of the WTO to resolve commercial disputes do not always have the opportunity to refer to the well-established rule, they often have to identify the meaning inherent in a particular rule legislator, to resort to the procedure of interpretation of law, which activate not only the law, but also the principles of the WTO law. In the study, the functional purpose of the latter uses a differentiated approach based on the differentiation of the basic principles of law and the principles of the organization.

Key words: liberalization of world trade, globalization of economy, legal integration of foreign trade, foreign trade disputes, international commercial arbitration, international organizations with special competence, the World Trade Organization, the basic principles of the WTO, legal principles of the WTO.

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