Book contents
- Frontmatter
- Contents
- Contributors
- Developing Countries in the WTO System
- 1 The Legal Status of Special and Differential Treatment Provisions under the WTO Agreements
- 2 Trade Preferences to Small Developing Countries and the Welfare Costs of Lost Multilateral Liberalization
- 3 China in the WTO 2006: “Law and Its Limitations” in the Context of TRIPS
- 4 Developing Countries in the WTO Services Negotiations: Doing Enough?
- 5 Developing Countries and the Protection of Intellectual Property Rights: Current Issues in the WTO
- 6 Participation of Developing Countries in the WTO – New Evidence Based on the 2003 Official Records
- 7 Developing Countries and GATT/WTO Dispute Settlement
- 8 Representing Developing Countries in WTO Dispute Settlement Proceedings
- 9 Compensation and Retaliation: A Developing Country's Perspective
- 10 A Preference for Development: The Law and Economics of GSP
- 11 The GSP Fallacy: A Critique of the Appellate Body's Ruling in the GSP Case on Legal, Economic, and Political/Systemic Grounds
- 12 Is the WTO Doing Enough for Developing Countries?
- Index
9 - Compensation and Retaliation: A Developing Country's Perspective
Published online by Cambridge University Press: 04 August 2010
- Frontmatter
- Contents
- Contributors
- Developing Countries in the WTO System
- 1 The Legal Status of Special and Differential Treatment Provisions under the WTO Agreements
- 2 Trade Preferences to Small Developing Countries and the Welfare Costs of Lost Multilateral Liberalization
- 3 China in the WTO 2006: “Law and Its Limitations” in the Context of TRIPS
- 4 Developing Countries in the WTO Services Negotiations: Doing Enough?
- 5 Developing Countries and the Protection of Intellectual Property Rights: Current Issues in the WTO
- 6 Participation of Developing Countries in the WTO – New Evidence Based on the 2003 Official Records
- 7 Developing Countries and GATT/WTO Dispute Settlement
- 8 Representing Developing Countries in WTO Dispute Settlement Proceedings
- 9 Compensation and Retaliation: A Developing Country's Perspective
- 10 A Preference for Development: The Law and Economics of GSP
- 11 The GSP Fallacy: A Critique of the Appellate Body's Ruling in the GSP Case on Legal, Economic, and Political/Systemic Grounds
- 12 Is the WTO Doing Enough for Developing Countries?
- Index
Summary
Note: The Mexican proposal to amend the DSU is twofold: (1) Document TN/DS/W/23 contains the concepts and explanations of the rationale behind the proposal (2). Document TN/DS/W/40 is an attempt to reflect its proposal in the text of the DSU, while at the same time incorporating improvements that resulted from the comments received when the Mexican proposal was first presented.
abstract: Retaliation is an unpopular remedy, and has often been criticised as being trade disruptive and one that affects the Member that exercises it in the first place. However, retaliation (or the threat thereof) is a key element for compliance or for reaching mutually acceptable solutions. In addition, it is the only tool for rebalancing the level of rights and obligations in the absence of compliance.
Section II discusses the Mexican proposal to amend the DSU. This proposal suggests four ways to solve what Mexico believes to be the central problem in the functioning of the DSU: the period of time during which a WTO-inconsistent-measure can be in place without consequences. Section III discusses how enhancing rules on retaliation would benefit developing countries above all and elaborate on how the Mexican proposal to amend the DSU might contribute to this end. Section IV enumerates a number of remaining aspects not discussed in the previous sections, such as whether retaliation is trade disruptive and the need to develop a common understanding on how to determine the level of nullification or impairment.
- Type
- Chapter
- Information
- WTO Law and Developing Countries , pp. 233 - 254Publisher: Cambridge University PressPrint publication year: 2007