HOW THE TRADE DISPUTES BETWEEN EU AND UKRAINE WILL BE SETTLED UNDER THE EU-UKRAINE ASSOCIATION AGREEMENT?

Abstract

The Article deals with the Dispute Settlement Mechanism (DSM) under the EU‐Ukraine Association Agreement setting out the main procedural ele‐ ments of the DSM and comparing them with the DSM of the WTO. The ar‐ ticle analysis the important departure of the current quasi‐judicial DSM from the previously used DSM under the EU‐Ukraine Partnership and Cooperation Agreement which essentially relied on the diplomatic negotiation. The author concludes that while the EU‐Ukraine AA DSM sets a very efficient, transparent and prompt framework for the dispute settlement, it is yet to be seen whether the Parties would actually choose to resort to it for settling their trade dispute instead of solving a dispute in already familiar WTO forum.

Keywords

• dispute settlement mechanism
• association agreement
• procedure
• international trade
• Ukraine
• EU
• WTO