The dispute resolution procedures of the World Trade Organization allow
sanctions to be imposed when a country is unwilling to bring a
WTO-inconsistent trade measure into conformity. Not surprisingly, this form of
retaliation often creates as many problems as it solves.
This timely work provides in-depth legal analysis of the procedural and
substantive aspects of retaliation under the WTO dispute settlement system
with particular reference to relevant rules and case law. It examines the
retaliation regime under GATT 1947 and the Dispute Settlement Understanding,
as well as the special retaliation regime under the Subsidies and
Countervailing Measures Agreement. It includes a case study with respect to
the calculation of the level of retaliation in Article 22.6/4.11 arbitration.
Finally, it explores the gaps in the current retaliation system with regard to
both procedural issues and the matter of efficacy, and analyzes all relevant
solutions. In sum, this book is designed to examine the way the WTO
retaliation system works and explore possible improvements.
Acknowledgements. List of Abbreviations. 1. Introduction 2.
Introduction to the WTO Dispute Settlement Remedies: An International Law
Perspective 3. Retaliation under GATT 1947 and the DSU 4.
Retaliation under the SCM Agreement 5. Calculation of the Level of
Retaliation 6. The WTO Retaliation System: Problems and Solutions 7.
Conclusion. APPENDIX 1. The Concept of Retaliation in the WTO Dispute
Settlement System. APPENDIX 2. State of Play in WTO Retaliation
Practice (1 January 1995–1 August 2008). APPENDIX 3. Draft
Articles on Responsibility of States for Internationally Wrongful Acts.
APPENDIX 4. General Agreement on Tariffs and Trade (Extract). APPENDIX
5. Understanding on Rules and Procedures Governing the Settlement of
Disputes. APPENDIX 6. Agreement on Subsidies and Countervailing
Measures (Extract). APPENDIX 7. Working Procedures for Arbitration
pursuant to Article 22.6 of the DSU. Bibliography. Table of Cases. Index