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

Author: Villalpando S.M.

Source: Journal of International Economic Law, Volume 5, Number 2, June 2002 , pp. 393-420(28)

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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.

Document Type: Original article

Affiliations: 1: New York University School of Law

Publication date: 2002-06-01

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