Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-12-02T15:27:17.821Z Has data issue: false hasContentIssue false

9 - Remedies

Published online by Cambridge University Press:  27 January 2022

David Palmeter
Affiliation:
Sidley Austin LLP
Petros C. Mavroidis
Affiliation:
Columbia University, New York
Niall Meagher
Affiliation:
Advisory Centre on WTO Law (ACWL)
Get access

Summary

This chapter discusses the remedies that are available under WTO law. It explains that the preferred solution to a dispute is a mutually agreed solution. If this is not possible, and the defending party does not implement any adverse rulings, the defending party may offer compensation (in the form of equivalent trade concessions). The last and least desirable option is retaliation, or the suspension of concessions. The chapter explains the procedures for each of these possible remedies, with a particular focus on the arbitration under Article 22.6 of the DSU of the amount of retaliation proposed by the complaining party. The chapter also discusses the “sequencing” problem arising out of the deadlines to request the right to retaliate in the DSU. Finally, the chapter discusses the special rules governing disputes over subsidies and the role played by suggestions by the panel and Appellate Body on implementation.

Type
Chapter
Information
Dispute Settlement in the World Trade Organization
Practice and Procedure
, pp. 457 - 517
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×