We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Reconsidering financial remedies in WTO dispute settlement.
- Authors
Bronckers, Marco; Baetens, Freya
- Abstract
Enforcing international law remains problematic: what happens if a sovereign state refuses to comply with its obligations, even after an international adjudicatory body has ruled in its disfavour? The solution offered under the World Trade Organization (WTO) system has been to authorize the prevailing member in the settlement of a dispute to retaliate, if and when the respondent member fails to implement a panel or Appellate Body ruling. Such retaliation can take the form of additional restrictions on imports of goods or services, or suspensions of intellectual property rights. Our article examines whether fairer and more effective means of ensuring compliance could be inserted into the WTO system. First, existing remedy systems are outlined, comparing general public international law with the current WTO system. We posit that the objective of both is rule compliance and take issue with the recent theory of efficient breach. Further support is drawn from the EU compliance regime. This is followed by an examination of the advantages of introducing financial remedies in WTO dispute settlement as well as a refutation of potential objections. The main elements of the subsequent proposal relate to the calculation, term, retro-activity and beneficiary of financial payments as a remedy.
- Subjects
EUROPEAN Union countries; DISPUTE resolution; WORLD Trade Organization; LEGAL settlement; LEGAL remedies; IMPORT laws; CONSUMER goods; INTERNATIONAL law; LEGAL compliance; INTERNATIONAL trade; ECONOMICS
- Publication
Journal of International Economic Law, 2013, Vol 16, Issue 2, p281
- ISSN
1369-3034
- Publication type
Article
- DOI
10.1093/jiel/jgt014