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Why compensation cannot replace trade retaliation in the WTO Dispute Settlement Understanding

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  • MERCURIO, BRYAN

Abstract

Throughout the course of the DSU Review, Members and commentators alike have proposed numerous modifications to the WTO DSU covering a wide range of areas. One area which has received quite a bit of attention is that of retaliatory measures in the implementation phase of the dispute settlement process. This article does not attempt to recap the debate over the appropriateness of trade retaliation or even to discuss all potential amendments targeting this issue. It does, however, identify some of the key criticisms of trade retaliation before analyzing and evaluating the worthiness of trade and/or financial compensation as an alternative. The article finds that neither trade nor financial compensation will do much to resolve the prominent criticisms of trade retaliation while also finding both options would add several uncertainties to the system and, far from increasing compliance with the rulings and recommendations of the DSB, could in fact increase the instances of non-compliance.

Suggested Citation

  • Mercurio, Bryan, 2009. "Why compensation cannot replace trade retaliation in the WTO Dispute Settlement Understanding," World Trade Review, Cambridge University Press, vol. 8(2), pages 315-338, April.
    • Handle: RePEc:cup:wotrrv:v:8:y:2009:i:02:p:315-338_00
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    Cited by:

    1. John Baffes, 2011. "Cotton Subsidies, the WTO, and the ‘Cotton Problem’," The World Economy, Wiley Blackwell, vol. 34(9), pages 1534-1556, September.
    2. Nuno Limão & Kamal Saggi, 2018. "Size inequality, coordination externalities and international trade agreements," World Scientific Book Chapters, in: Kamal Saggi (ed.), Economic Analysis of the Rules and Regulations of the World Trade Organization, chapter 16, pages 357-374, World Scientific Publishing Co. Pte. Ltd..
    3. Krzysztof Pelc & Johannes Urpelainen, 2015. "When do international economic agreements allow countries to pay to breach?," The Review of International Organizations, Springer, vol. 10(2), pages 231-264, June.
    4. Kevin x.d. Huang & Engin Volkan & M. ege Yazgan, 2013. "Nonhomothetic Preferences with Habit Formation in Nondurable and Durable Consumption: Implications for Sectoral Comovement," Vanderbilt University Department of Economics Working Papers 13-00002, Vanderbilt University Department of Economics.
    5. Julián Tole Martínez, 2014. "Solución de controversias en los TLC. Aportes del Derecho de la OMC," Books, Universidad Externado de Colombia, Facultad de Derecho, edition 1, volume 1, number 702, December.

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