Laura Zoppo (Sapienza – Università di Roma - Law) has published
La soluzione delle controversie commerciali tra Stati tra multilateralismo e regionalismo (Jovene 2013). Here's the abstract:
The book is about the relationship between the dispute settlement system of the WTO and those established under Regional Trade Agreements (RTAs).
It aims to analyze this relationship in concrete terms, as it appears from the examination of the relevant cases and the study of the rules dedicated to its regulation.
The book consists of three parts.
The first one looks over the WTO law , especially with regard to the dispute settlement process and the rules which ensure compatibility between RTAs and the multilateral trading system.
The second one provides an overview of the main existing forms of regional integration , with particular attention to the agreements for the settlement of disputes and the inclusion in such agreements of specific clauses of choice of forum .
Finally , the third part studies the most significant cases of competition between alternative procedures in the resolution of trade disputes. In this regard , there are three main cases: the respondent's objection to jurisdiction, the competition between parallel proceedings and the succession between competing procedures .
The study ends with a critical analysis of theoretical models for the resolution of conflicts between international jurisdictions and with the examination of their applicability to resolve conflicts of jurisdiction in the international trade area.
Following, it focuses on the assessment of the technical applicability of the choice of forum clauses provided by RTAs to limit the exercise of jurisdiction by the WTO, and the importance given in the second proceeding to decisions issued in the first forum.
In conclusion, although the proliferation of jurisdictions is now a widespread tendency in all areas of international law, conflicts of jurisdiction have specific characteristics in the field of trade, in which they appear as a particular aspect of the wider question of the interaction between the complex of multilateral trade agreements and other international agreements, as well as a consequence of the multiplication of RTAs.
