Implementation System of the WTO Dispute Settlement Body: A Comparative Approach
(주)코리아스칼라
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- 2023.04.03
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- 2013.05
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서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : Journal of East Asia and International Law / 6권 / 1호
ㆍ저자명 : Yoshinori Abe
목차
Implementation System of the WTO Dispute Settlement Body
Ⅰ. Introduction
Ⅱ. The WTO Implementation System and General Second-Order Compliance Systems
Ⅲ. Retaliation in WTO and Countermeasures in General International Law
Ⅳ. Conclusion
영어 초록
The implementation system of the recommendations and rulings of the Dispute Settlement Body is an important component of the WTO dispute settlement procedure. Where there is any disagreement between disputing parties as to the existence or consistency with a covered agreement of measures taken to comply with the recommendations and rulings, a winning party may refer the matter to a compliance panel and the Appellate Body. If a losing party is found to have failed to comply with the recommendations and rulings, DSB may authorize the winning party to retaliate. This article analyzes the implementation system of the WTO dispute settlement procedure in comparison with other systems of ‘second-order’ compliance in international law. Also, attention will be directed to the relationship between the WTO retaliation and countermeasures in general international law. Countermeasures under the Agreement on Subsidies and Countervailing Measures, in particular, have a legal nature akin to that of countermeasures under the law of State responsibility.
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