Evaluating the Enforcement of the Decisions of WTO Dispute Settlement System: The Comply or Not to Comply Considerations
26 Pages Posted: 1 Jun 2015 Last revised: 3 Mar 2017
Date Written: May 31, 2015
This paper evaluates the structure for dispute adjudication under the World Trade Organization (WTO) Dispute Settlement System (DSS). An analysis of the legal nature of WTO obligations is carried out to ascertain how it influences members when deciding whether to comply or not with the outcome of a WTO dispute. The paper examines the two broad models from which scholars and even countries have tried to understand the WTO obligations. In addition, the paper make the case that in reality WTO obligations are the products of a hybrid of the two dominant models or theories. Further, it is posited that the analysis and evaluation of WTO DSS should be restructured taking into account that despite the legalization of the WTO DSS and its enforcement mechanism, it is constrained by international legal discourse and politics. Finally, there are suggestions on possible ways of improving the remedy system, which would effectively incentivize countries to comply with their WTO obligations.
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