The Law of International Responsibility: The Case of the WTO as a ‘Lex Specialis’ or the Fallacy of a ‘Self-Contained’ Regime

Abstract

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. As a branch of public international law, WTO regime has developed a comprehensive dispute settlement system (DSS) to guarantee that obligations undertook by Members are enforced when one fails to comply with them. The DSS is central in ensuring security and predictability in trade relations. The Dispute Settlement Understanding (DSU), hailed as one of the most important achievements of the Uruguay Round that gave birth to the organisation as we know it today, is also considered as a contract out of some rules of general international law, notably those of State responsibility. In this context, the subsequent question that has emerged is that of whether the DSU is a self-contained regime or a lex specialis in international law when it comes to remedies for breach of WTO obligations.

Keywords: State Responsibility, WTO, African Countries, Dispute Settlement

JEL Classification: K33