IDEAS home Printed from https://ideas.repec.org/a/ags/ecjilt/48802.html
   My bibliography  Save this article

Collective Retaliation and the WTO Dispute Settlement System

Author

Listed:
  • Korotana, M.S.

Abstract

Article 22 of the Dispute Settlement Understanding (DSU) of the WTO offers, as last resort countermeasures, withdrawal of the concessions the state parties had agreed to in their schedules of commitments. The problem is that such a withdrawal of concessions would have very little impact on the economy and consequently on the behaviour of the respondent state if that party happened to be a developed state vis-à -vis a small, developing country. To deal with this situation a remedy of “collective countermeasures†, contained in Article 54 of the Draft Articles on State Responsibility of the International Law Commission (ILC), has been proposed; it has been argued that this remedy should apply, as a general principle of public international law, as a last resort in WTO disputes. The counter-arguments are, first, that the WTO regime is a self-contained regime and therefore the general principles of international law do not apply in this case, and, second, that the WTO legal system is based on a distinct idea of “compliance†with WTO rules as a primary remedy, as opposed to reparative and punitive justice. The concept of “compliance†with WTO rules is akin to the concept of “liberalization†, which is a linchpin of the WTO multilateral system. Therefore the idea of “collective countermeasures†or, in other words, “collective punishment†is repugnant to the principles of WTO law, and it is argued that the present remedies under Article 22 of the DSU are adequate.

Suggested Citation

  • Korotana, M.S., 2009. "Collective Retaliation and the WTO Dispute Settlement System," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 10(1).
  • Handle: RePEc:ags:ecjilt:48802
    as

    Download full text from publisher

    File URL: http://purl.umn.edu/48802
    Download Restriction: no

    References listed on IDEAS

    as
    1. Brown, Jeff E. & Ethridge, Don E., 1995. "Functional Form Model Specification: An Application to Hedonic Pricing," Agricultural and Resource Economics Review, Cambridge University Press, vol. 24(02), pages 166-173, October.
    2. Brown, Jeff E. & Ethridge, Don E., 1995. "Functional Form Model Specification: An Application To Hedonic Pricing," Agricultural and Resource Economics Review, Northeastern Agricultural and Resource Economics Association, vol. 24(2), October.
    Full references (including those not matched with items on IDEAS)

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ags:ecjilt:48802. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (AgEcon Search). General contact details of provider: http://edirc.repec.org/data/esteyca.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.