Issue of Invocability of Provisions of the WTO Covered Agreements Before Domestic Courts

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Abstract

A system of invoking provisions of the WTO Agreements before domestic courts may help to reduce the burden of certain types of cases on the international plane. This paper analysis whether provisions of the WTO Agreements are invocable to the court of Member States under the WTO Agreements and national laws, and whether and if so to what extent, any citizen or company will be able to invoke any provision of the Uruguay Round Agreements before domestic courts. In this context, the writer has chosen Nepal and its laws for reference besides the laws of other countries in the proper place. This paper examines and covers relevant provisions of the Uruguay Round Agreements and laws of Nepal, provides arguments favoring and opposing invocability and non-invocability, the direct applicability of the Uruguay Round Agreements in internal law, and the invocability of the provisions of the Uruguay Round Agreements before domestic courts.
Original languageEnglish
Pages (from-to)209- 224
Number of pages16
JournalThe Annual Survey of International & Comparative Law
VolumeXVII
Publication statusPublished - 2011

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