The Expert Guide: International Trade 2017 has published the article “Overview of the current WTO disputes between Ukraine & Russia” written by Partner Nataliia Isakhanova, Senior Associate Olesia Kryvetcka.
Ukraine and Russia have accumulated a “critical mass” of the controversial issues that have led both parties to the WTO dispute settlement forum.
Both states are parties to the Commonwealth of Independent States (CIS) Free Trade Agreement of 1994. This FTA also provides a dispute settlement mechanism under the Annex 4 to the FTA. However, this clause has never been used.
Moreover, Russia suspended the FTA with Ukraine on 1 January 2016 as a response to the EU-Ukraine FTA that entered into effect on the same date. In January 2016, Russia also added Ukraine to the “black list” of countries subjected to the import ban on certain food and agricultural products under the Resolution of the Government of the Russian Federation No. 778 of 7 August 2014 (hereinafter – the “Resolution No. 778”). Resolution No. 778 (with further updates and amendments) bans imports to Russia of certain products originating in Canada, EU, the EFTA Countries, Albania, Montenegro, the United States and Ukraine. It cover, inter alia, bovine meat, fresh pork, live fish, fish and crustaceans, milk and dairy products, vegetables, fruits and nuts, sausages and similar products, food or prepared food, salt and plant products. The import ban is in force until December 31, 2018.
Over the last two years Ukraine has been at the forefront of WTO dispute settlement mechanism in order to defend its national interests and interests of Ukrainian producers in “trade wars” against Russia. Hence the WTO results to be the most appropriate forum.
Find the full-text article in electronic format below.