RTA

Although Article XXIV facilitates the Contracting States to enter into RTAs, it doesn’t provide a
general defense for measures in RTAs that roll back on States Parties rights and obligations
under the covered agreements.1 The Members of an RTA remain bound by the WTO Obligations
even in during the applicability of the RTA.2

Lis Pendens has been regularly applied in municipal systems in inter-state relations.3 It has found
recognition in the inter-state arbitral tribunals. It has also been argued that lis pendens has
entered the realm of public international law. Provisions providing for lis pendens are found in
various international conventions.4

MONETARY COMPENSATION

This approach is dictated by two factors: first, international law does not prescribe any specific
method of valuation for the purposes of compensation for environmental damage; secondly, it is
necessary, in the view of the Court, to take into account the specific circumstances and
characteristics of each case. In the Neumann case, the ECHR clarified that any lex specialis on
remedy should be taken into account along with the general rules of compensation.5 In
determining the compensation due for environmental damage, the Court explains that it will
assess the value to be assigned to the restoration of the damaged environment as well as to the
impairment or loss of environmental goods and services prior to recovery.6

The claims arising under the regional trade agreements are under the jurisdiction of WTO and
panels can hear the cases of violation despite a regional trade agreement providing for a dispute
settlement mechanism that is already existent between the parties.7

1. Adawa’s claim before the ICJ is barred by the doctrine of lis pendens.
a. The WTO has exclusive jurisdiction over Adawan claim.
b. Lis pendens is applicable to a dispute before this Court.
1
Appellate Body Report, Peru – Agricultural Products, ¶¶ 5.115-5.116.
2
Panel Report, US – COOL (Article 21.5 – Canada and Mexico), ¶ 7.687
3
https://digitalcommons.nyls.edu/cgi/viewcontent.cgi?
article=1076&context=journal_of_international_and_comparative_law
4
The (European Community) Convention on Jurisdiction and the Enforcement of Civil and Commercial Judgments
of September 27th, 1968, Art. 38; The International Convention on Certain Rules concerning Civil Jurisdiction in
matters of Collision, signed at Brussels on 10 May, 1952, art 1 (3).
5
Neumann, ECHR 1974 A No. 17 (1974) p. 13, ¶29.
6
Summary of the Judgment of 2 February 2018 https://www.icj-cij.org/files/case-related/150/150-
20180202-SUM-01-00-EN.pdf.
7
Appellate Body Report, Mexico- Tax Measures on Soft Drinks and Other Beverages, WT/DS308/AB/R (Mar. 6,
2006) [hereinafter Appellate Body Report, Mexico- Soft Drinks].
 c. The essentials of lis pendens are fulfilled.
I. This Court and the WTO are courts of the same character.
II. Relief sought from this Court by Adawa can be obtained through the
WTO.
2. In any event, Rasasa’s actions are covered under essential security interests.