WTO Retaliation: Effectiveness and Purposes (117)





     Tác giả: Michelle Limenta

     Nhà xuất bản: Hart Publishing

     Năm xuất bản: 2017.                                              

Table Of Contents:

1. Overview
I. Introduction to WTO Dispute Settlement: The Best Vote of Confidence for the Multilateral Trading System
II. Problems Presented: Retaliation, a Flaw in the Successful System?
III. WTO Law in Relation to Other Legal Systems
IV. The Objective and Plan of the Book
2. Retaliation in the Multilateral Trading System
I. Temporary Remedies in the DSU
II. Law to Retaliate Under GATT and WTO Dispute Settlement
III. Retaliation in Regional Trade Agreements
3. Shortcomings of WTO Retaliation and Reform Proposals
I. The Shortcomings and Problems Inherent in WTO Retaliation
II. Proposals to Enhance WTO Retaliation and the Criticisms
4. Purposed-based Approach in Evaluating Effectiveness
I. Compliance, Implementation, Effectiveness and Purpose-based Approach
II. Debates Regarding the Purpose of Retaliation
5. Legal Quests in Searching for the Purposes of Retaliation
I. First Quest: Reference to Remedies Under the ILC Draft Articles on State Responsibility
II. Second Quest: Reference to Contract Remedies from Law and Economics Perspective
III. Third Quest: Article 22.6 Arbitrators' Statements With Regard to the Purpose of Retaliation
IV. Fourth Quest: Interpretation of Article 22 of the DSU in Accordance with the Customary Rules of Interpretation to Clarify the Purposes of WTO Retaliation
6. Retaliation to Induce an Amicable Settlement as Another Competing Purpose and the Effectiveness of WTO Retaliation
I. Amicable Settlements in the Multilateral Trading System
II. The Question About the Effectiveness of WTO Retaliation
III. A Way Forward
7. Concluding Remarks
I. Summary of the Book
II. Final Observations

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