DISPUTE SETTLEMENT IN THE FREE TRADE AGREEMENTS OF TURKEY

Abstract

The order of World Trade Organization (WTO), which deals with international trade at the global level, allows the handling of trade also at the regional level under certain conditions. In this context, regional trade agreements (RTA) have been signed and this trend continues. Such treaties have been named differently whereas they have essentially same functions. On the other hand, while there is an advanced dispute settlement mechanism within the WTO, similar mechanisms are also included in RTAs. Like other WTO members, Turkey has concluded bilateral RTAs in the form of Free Trade Agreement (FTA), which include dispute resolution provisions. In the design of these settlement mechanisms, a place in the spectrum of political/diplomatic and legal character has been adopted with varying weights. Although the dispute settlement mechanisms of FTAs have more advanced provisions in recent years compared to previous ones, there are still examples where important deficiencies and gaps are noticeable.