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

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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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