Remedies under the Dispute Settlement Framework of the World Trade Organization
Date Issued
2004
Date
2004
Author(s)
Chang, Yu-An
DOI
en-US
Abstract
Judicial remedies and the enforcement of such have significant impact on the obligatory character of WTO obligations. This dissertation seeks to examine the nature and scope of WTO remedies by examining the relevant remedial experience. Although the WTO clearly departed from its predecessor and established a normative framework under which conformity with prescribed rules and obligations is paramount, the development of the remedial regime appears undesirable in facilitating the attainment of that end.
The relevant remedial experience indicates that the restitutional characteristics existing under the GATT is diminishing under the WTO. The adjudicative bodies have demonstrated a rather mixed view on the precise elements of remedies. The overall remedial experience indicates a development towards attaining distributive justice. Besides amounting to a set back from GATT remedial experience, it is also heading an opposite direction in comparison with the evolvement of public international law remedies.
With increasing emphasis on reparation, public international law remedies reflect a development towards greater elements of corrective justice. While such a different course of development reflect diverging needs between the two regimes, the broader functions served by reparation under public international law calls into question whether WTO remedies should develop along the same track. For an organization whose policy objectives entail rule of law in the preservation of relative rights and obligations among its members, corrective justice appears more desirable in promoting conformity.
Nevertheless, the political reality at both the national and international level pertaining to WTO matters suggests it is still immature for the WTO to move down that path. In any event, the greater social and economic impact that might be caused by a strengthened remedial regime calls for further consideration in striking an appropriate balance between predictability and flexibility. After all, the WTO was created to enhance the efficiency in wealth creation; the potential adverse effect of such an impact clearly does not serve that purpose.
Subjects
世貿組織
爭端解決
救濟方式
DSU
WTO
remedies
dispute settlement
Type
thesis
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