Remedies and Compliance

Piet Eeckhout

in The Oxford Handbook of International Trade Law

Published in print January 2009 | ISBN: 9780199231928
Published online September 2012 | | DOI:

Series: Oxford Handbooks in Law

Remedies and Compliance


This article is devoted to the discussion of case law in which many aspects of the WTO legal regime have been clarified and analysed in a judicial manner. It looks at the settlement of World Trade Organization (WTO) disputes, effective systems of remedies, and remedies equally available to all WTO Members. A wide range of fundamental legal issues arise when scrutinizing WTO law on implementation and compliance. This article attempts to explore these questions from a number of different perspectives. It reveals that specific remedies that WTO law offers in cases of continued noncompliance — compensation and suspension of concessions — also require further scrutiny. It shows that the rule of law plays but a limited role in WTO dispute settlement, and that all depends on the politics of power. It attempts to prove that there is definitely scope for a greater role for the law than is often considered.

Keywords: judicial manner; remedies; compliance; implementation; scrutinizing; dispute settlement

Article.  10481 words. 

Subjects: Law ; International Law

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