A Study on Cross-Retaliation under WTO Dispute Settlement System
| Autor: | Jia-Hong Yang, 楊家宏 |
|---|---|
| Rok vydání: | 2012 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 100 Applying to the Understanding on Rules and Procedures governing the Settlement of Disputes, the Dispute Settlement System is a mechanism designed to solve disputes between members under World Trade Organization. If the Member concerned fails to bring the measure found to be inconsistent with a covered agreement into compliance therewith or otherwise comply with the recommendations and rulings within the reasonable period of time, the complaining party can consider what concessions or other obligations to suspend after authorized by the Dispute Settlement Body. The aim of trade retaliation is to induce compliance by suspending the concessions or other obligations or to rebalance the trade. The requirements are provided in the article 22.3 of DSU, with principle of parallel retaliation, an exception for cross-retaliation. As far as the interpretation is concerned, it depends on the arbitrator''s scope of review according to the article 22.6 of DSU. Thus, it is necessary to understand how the arbitrator interpret and apply those requirements. There are three related disputes : EC — Bananas III, US — Gambling and United States — Subsidies on Upland Cotton. This study is to analyze, collect and compare the opinions brought by arbitrator within the disputes mentioned, hoping to connect the arbitrational and real world. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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