The direct effect of WTO law: weighing the pros and cons

Abstract

This article deals with the question of WTO Law place in the legal system of Russian Federation and RBK CU, which rises from the uncertainty of provisions of the Working Party Report on the accession of the Russian Federation and due to the lack of clarification given by national higher courts on this issue. The risk of wrong interpretation of the relevant provisions of the Report of the Working Group on Russia’s accession to the WTO, caused by lack of a clear position on the direct effect of WTO law issue, might entail a lot of economic and legal questions. In this regard, it seems necessary to take a position capable of providing maximum legal security of the Russian Federation within the framework of the multilateral trading system. In developing such a position it is advisable to consider the practices of other countries, in particular the EU, the USA and China. Of particular interest in the context of this issue is a differentiate approach taken by Chinese experts in the field of international trade law, which is further discussed in this article.