Non-binding State Measures Affecting International Trade: the Violation of International Trade Agreements by States

Abstract

The objective of this article is to analyze why non-binding measures taken by States may be challenged to determine non-compliance with the provisions of international trade  agreements. This research reviewed the decisions of the dispute settlement bodies of three trade agreements: the Andean Community, the World Trade Organization and the European Union. It is argued that in the field of international trade, the content, characteristics and role of non-binding measures are assessed to analyze their incompatibility with international standards and determine non-compliance of States.