Implementation and enforcement of WTO dispute settlement findings: An EU perspective

Authors
Citation
A. Rosas, Implementation and enforcement of WTO dispute settlement findings: An EU perspective, J INT EC LA, 4(1), 2001, pp. 131-144
Citations number
17
Categorie Soggetti
Law
Journal title
JOURNAL OF INTERNATIONAL ECONOMIC LAW
ISSN journal
13693034 → ACNP
Volume
4
Issue
1
Year of publication
2001
Pages
131 - 144
Database
ISI
SICI code
1369-3034(200103)4:1<131:IAEOWD>2.0.ZU;2-7
Abstract
The EU has no reason to be disappointed with the dispute settlement system created by the Uruguay Round, with regards to both the system itself and th e actual outcome of disputes settled. But all WTO Members have a common int erest in improving the system, including the question of implementation and enforcement. The article discusses various alternatives for enhancing impl ementation and enforcement, including the possibility to strengthen the rig hts of private parties and to shorten and re-design the deadlines for imple mentation and compliance panel procedures. The article concludes that while in the present global trade system, the intergovernmental character of the WTO must be preserved, there is room for some shortening of deadlines, for making the panel system more permanent and professional, and for increasin g the resources of the Appellate Body. Finally, the article mentions the po ssibility of creating a system of compulsory compensation, as an alternativ e to the present system of suspension of concessions.