نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق بینالملل، دانشکده تمدن و مطالعات جهان، واحد تهران جنوب، دانشگاه آزاد اسلامی، تهران، ایران.
2 استادیار، گروه حقوق بینالملل، دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران.
3 استادیار، گروه حقوق بینالملل، دانشکده حقوق، واحد تهران مرکز، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Context & Objective: International economic development has created a global interdependent system where the World Trade Organization (WTO) serves as a primary framework for multilateralism against unilateralism. The Islamic Republic of Iran has faced extensive unilateral trade sanctions for over fifty years which have severely impacted its economic indices and human development. This research outlines the legal capacities of the WTO including its executive mechanisms and enforcement guarantees to evaluate how membership might serve as a strategic opportunity for sanctioned states. The primary research objective is to identify specific legal tools within the WTO framework that can challenge or lift unilateral trade barriers. The central question explores whether joining this multilateral organization offers a viable legal solution for Iran to escape the constraints of international unilateralism.
Method & Approach: This article utilizes a doctrinal research method to examine the legal landscape of the WTO. The study analyzes foundational documents including the Marrakesh Agreement and various multilateral trade agreements to describe the organization's legal capacities. The approach involves a descriptive analysis of treaty-based deterrents and a review of specific case studies where member states challenged unilateral actions through the WTO's institutional framework. Furthermore the research evaluates these mechanisms strictly from the perspective of international economic law focusing on the feasibility of countering power-oriented political actions through rule-based legal instruments.
Findings: The research finds that the Most-Favored-Nation (MFN) principle serves as a vital legal tool to prevent trade discrimination and secondary sanctions. The Dispute Settlement System (DSS) provides compulsory and exclusive jurisdiction ensuring that any member accused of a violation must enter into mandatory negotiations or face a judicial panel. Specific provisions such as Article 11 of the GATT 1994 prohibit non-tariff trade barriers while agreements on agriculture and health protect essential rights like food security and human life from unilateral interference. Case law analysis including disputes like DS38 and DS353 illustrates that the WTO can effectively compel respondents to reach settlements or authorize lawful retaliation to compensate for damages caused by unilateralism.
Conclusion: The article concludes that although WTO membership does not grant absolute immunity from political sanctions it forces the sanctioning state to be legally accountable and responsive under international law. By joining the WTO Iran could utilize the organization's multilateral mechanisms to limit the expansion of unilateralism and seek compensation for legal violations. The mandatory nature of the WTO's dispute resolution processes and the requirement for members to align their national policies with treaty obligations provide a robust deterrent against arbitrary trade restrictions. Ultimately membership offers a strategic path for Iran to reduce the impact of sanctions and restore its position within the global free trade system.
کلیدواژهها [English]
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