Securing Compliance Through the WTO Dispute Settlement System: Implementation of DSB Recommendations

Yuka Fukunaga

Journal of International Economic Law, 2006, vol. 9, issue 2, 383-426

Abstract: The World Trade Organization (WTO) dispute settlement system has been making substantial contributions to improved compliance with the WTO Agreements. Of particular note are the elaborate multistage mechanisms installed in the system that facilitate and ensure the implementation of the DSB recommendations. However, these multistage mechanisms are not devoid of problems and shortcomings. Several improvements are proposed by Members and scholars but a number of disagreements exist, reflecting varied understanding of the nature of the dispute settlement system. Against this background, this article first analyses the nature of the dispute settlement system. It argues that the primary purpose of the dispute settlement system is not to secure compliance in abstracto but to settle a dispute and remedy injury, and its compliance function is exerted only in the course of dispute settlement. Thereafter, in the light of the nature of the dispute settlement system, this article presents a comprehensive analysis of the manner in which the multistage mechanisms currently function and how they should function. Copyright 2006, Oxford University Press.

Date: 2006
References: Add references at CitEc
Citations: View citations in EconPapers (3)

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jieclw:v:9:y:2006:i:2:p:383-426

Ordering information: This journal article can be ordered from
https://academic.oup.com/journals

Access Statistics for this article

Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

More articles in Journal of International Economic Law from Oxford University Press Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK.
Bibliographic data for series maintained by Oxford University Press ().