THE CONFLICT OF JURISDICTION WITHIN GLOBAL AND REGIONAL DISPUTE RESOLUTION SYSTEMS

The inadmissibility of a repeated or a parallel consideration of one dispute within two competing dispute resolution systems is important in terms of implementing the principle of peaceful settlement of international disputes as well as in terms of ensuring the stability of the international legal order. In international law, there are no rules that clearly distribute the jurisdiction of two unrelated international courts. The authors consider some ways to overcome the conflict of jurisdiction of WTO judicial bodies and mechanisms of regional trade agreements. Those include the development of special rules on the conflict of jurisdiction, the decisions of the WTO bodies, the application of general international legal procedural principles.