Remedies Under the Wto Legal System

ISBN-13: 9789004209022 / Angielski / Twarda / 2012 / 518 str.

R. Rajesh Babu

Opis

The World Trade Organization (WTO) dispute settlement system, has succeeded, since its establishment in 1995, in generating a perception that the DSU offers one of the most advanced multilateral adjudicatory systems that exist today, principally because of the large volume of cases it has attracted and settled. Despite a high record of satisfactory settlements of disputes and tall claims in appreciation, there is an equal amount of scepticism, particularly about the nature and content of remedies for violations of WTO rights and obligations. This book presents a critical review on the problems stemming from the nature and scope of the WTO remedies and its enforcement. The study highlights in a comparative perspective the lacunas and inadequacies in the current system, and in the process, accentuates the detrimental nature of the WTO remedies on the interest of the developing and least developing countries.

Spis treści

Forward
Acknowledgement
Table of Contents
List of Abbreviations

I: INTRODUCTION
1. Introduction
2. Scope and Objective
3. General overview

II: GENERAL FEATURE OF THE WTO DISPUTE SETTLEMENT UNDERSTANDING
1. Introduction
2. GATT Dispute Settlement (1947-1994)
3. The WTO Dispute Settlement Understanding
4. Special and Additional Rules and Procedure for Dispute Settlement
5. Prohibition of Unilateralism
6. Jurisdiction
7. Other Means of Dispute Settlement in the DSU

III: REMEDIES UNDER INTERNATIONAL LAW
1. Introduction
2. Remedies in International Law in Context
3. The ILC Articles on State Responsibility for Internationally Wrongful Acts
4. Legal Consequences of the International Responsibility of a State
5. Conclusion

IV: REMEDIES UNDER THE WTO LAW
1. Introduction
2. Relationship between the WTO Law and the International Law
3. Nature of WTO Obligations: Bilateral or collective?
4. Access to the WTO Dispute Settlement: Legal standing
5. Material Aspects of Remedies under the WTO Dispute Settlement System
6. Implementation of Adverse DSB Rulings: The Procedural Aspect of Remedies
7. Compensation: Remedy for Non-Compliance
8. Remedies for Non-violation and Situation Claims
9. Preliminary Conclusions

V: ENFORCING REMEDIES UNDER WTO LAW
1. Introduction
2. Enforcement of Remedies in International Law
3. Applicability of Customary Rules of Countermeasures in WTO Law
4. Countermeasures in WTO Law
5. General Features of Countermeasure in The WTO
6. Principles and Procedure Governing Countermeasures
7. Level of Countermeasures: The Principle of Proportionality
8. Surveillance of Implementation
9. Instance of Countermeasures in the WTO: The Cases
10. The Effectiveness of Countermeasure in WTO Law
11. Preliminary Conclusions

VI: WTO REMEDIES AND THE DEVELOPING COUNTRIES
1. Introduction
2. Differential Treatment in International Law
3. The GATT 1947 and the Developing Countries
4. The WTO and the Developing Countries
5. WTO Remedies and the S&D Treatment for the Developing Countries
6. Interpretation by the Panel and Appellate Body: Bais against Developing Countries
7. Countermeasures and the Developing Countries
8. Preliminary Conclusions

VII: SUMMARY AND CONCLUSIONS

O autorze

R. Rajesh Babu, Ph.D. (2009) in International Law, Jawaharlal Nehru University, is Assistant Professor in the Public Policy and Management Group at the Indian Institute of Management, Calcutta. He has published several articles on the topic of international and WTO law.