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5 - Retaliatory Measures

Published online by Cambridge University Press:  31 August 2023

Catherine Gascoigne
Affiliation:
Macquarie Law School, Macquarie University, Sydney
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Summary

Chapter 5 is concerned with Articles 22.6 DSU and 4.10 SCM Agreement – namely, those provisions that allow one Member to bring retaliatory measures against another Member where that other Member fails to bring its measure into compliance with the covered agreement(s). The chapter argues that, although not reflected in current jurisprudence, there should be a need to demonstrate the causal link between a Member’s failure to bring its measure into conformity with a DSB ruling and the level of nullification or impairment incurred (that is, a causal link analysis). The chapter also raises parts of the jurisprudence that would seem to support a non-attribution analysis being used in this context, too. The chapter then puts forward the Non-attribution/Causal Link Analysis as one method for performing these analyses.

Type
Chapter
Information
Causation in the Law of the World Trade Organization
An Econometric Approach
, pp. 206 - 239
Publisher: Cambridge University Press
Print publication year: 2023

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  • Retaliatory Measures
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.006
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  • Retaliatory Measures
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Retaliatory Measures
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.006
Available formats
×