The Nexus between State Liability Principle and WTO Law Repository

The Nexus between State Liability Principle and WTO Law

Intan Inayatun Soeparna (2016) The Nexus between State Liability Principle and WTO Law. Journal of Law and Economics, 7 (3). pp. 323-342. ISSN 2194-6086

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Official URL: https://www.degruyter.com/view/journals/ajle/7/3/a...

Abstract

There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual’s right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

Item Type:

Article

Uncontrolled Keywords:

economic rights; state liability principle; WTO law.

Subjects:

K Law
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K7000-7720 Private international law. Conflict of laws

Divisions:

03. Fakultas Hukum > Hukum Internasional

Creators: