Lekar A. Rules and Procedures for Trade Disputes Settlement under the World Trade Organization and Mechanisms of their Implementation in Ukraine

The thesis deals with the complex analysis of the interstate trade disputes settlement system, in particular theoretical, organizational and legal principles of the disputes settlement within the GATT and the WTO framework, as well as the mechanisms of their implementation in Ukraine. The merits, the basic rules and the procedures for the disputes settlement within the ITO, the GATT and the WTO have been analized. Functions and peculiarities of the executive, specialized (independent jurisdictional) and administrative bodies of the GATT and the WTO that constitute the institutional structure of the disputes settlement system, the GATT disputes settlement system, as well as the WTO disputes settlement system have been investigated. A special attention has been paid to the analysis of the abovementioned constitutional documents (ITO Charter, GATT-1947, multilateral agreements adopted before the Marrakech Agreement) and the analysis of the peculiarities of the institutional structure of the disputes settlement system of the WTO established by the Marrakech Agreement and the Understanding on Rules and Procedures Governing the Settlement of Disputes, as well as other WTO official documents. The author proves the necessity of the development and the adoption of legislative acts of Ukraine on protection of its trade interests, as well as the improvement of existing regulatory framework on this issue, including the Laws of Ukraine: On Foreign Economic Activities, On Protection of Domestic Producers from Dumped Imports, On Protection of Domestic Producers from Subsidized Imports, On Application of Special Measures concerning Import into Ukraine, as well as Custom Code of Ukraine.