Compliance by WTO Members with Adverse WTO Dispute Settlement Rulings - Chapter 42 - WTO: Governance, Dispute Settlement & Developing Countries

Originally from: The WTO: Governance, Dispute Settlement & Developing Countries

The WTO: Governance, Dispute Settlement & Developing Countries-Electronic

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Compliance by WTO Members with Adverse WTO Dispute Settlement Rulings

Bruce Wilson

This chapter examines the extent to which WTO Members have complied with adverse WTO dispute settlement rulings (those rendered both by dispute settlement panels and the Appellate Body). The record (covering the period 1 January 1995 to 31 March 2006) indicates that, generally speaking, WTO Members found in violation of their WTO obligations in dispute settlement proceedings have done a reasonably good job in taking steps to correct these violations within a reasonable period of time. While there have been some cases where compliance has been delayed, or where full compliance has yet to be achieved, this should not detract from the fact that the overall compliance record of WTO Members has been quite positive, which in turn has contributed significantly to the effectiveness of the WTO dispute settlement system as a whole.

It is to be recalled that Article 3.7 of the DSU clearly states that the preferred remedy under the WTO dispute settlement system is the withdrawal of any WTO-inconsistent measure. If, and only if, this is not possible on a timely basis, are alternative remedies to be pursued (first, through the granting of compensation by the responding Member to the complaining Member consisting of trade liberalization measures with respect to a volume of trade comparable to that adversely affected by the WTO-inconsistent measures; and then, if compensation is not possible and as a last resort, through retaliation by the complaining Member consisting of trade restrictive measures of a proportionate nature against the trade of the responding Member).

Table of Contents

Foreword

Acknowledgments

Introduction and Overview

Abbreviations

PART I UNDERSTANDING THE WORLD TRADE ORGANIZATION TODAY AND ITS HISTORY

SECTION I
The World Trade Organization: The Challenges Ahead

1. The WTO Doha Development Agenda: Working for a Fairer Global Trading System
- Pascal Lamy

2. Doha: Our Generation's Opportunity to Promote Economic Growth and Development
- Susan Schwab

3. The Politics of the World Trade Organization in Its Second Decade
- Peter Mandelson

4. Managing the Future Challenges Facing the World Trade Organization: A European Perspective
- Christine Lagarde

SECTION II
The Uruguay Round and the Doha Development Agenda: What Have We Achieved?

5. Leadership and Vision: Some Lessons from the Uruguay Round
- Peter Sutherland

6. The World Trade Organization's Biggest Problem at Ten: Surviving the Doha Round
- Ernesto Zedillo

7. The Doha Round: Salvageable? Or a Lost Cause?
- Clayton Yeutter

8. The Uruguay Round: Its Lessons for Doha
- Jagdish Bhagwat

9. The Doha Round: Has It Now Expired?
- Albert Fishlow

10. Why the Prospects for a Doha Deal Are Not Bleak
- Arvind Panagariya

11. OPENING DINNER ROUNDTABLE A World Leaders Forum Event The Uruguay Round and the Doha Development; Agenda: What Have We Achieved?
- Lee C. Bollinger, Merit E. Janow, Carla Hills, Clayton Yeutter, Peter Sutherland, Jagdish Bhagwati

SECTION III
The World Trade Organization and Developing Countries

12. The World Trade Organization and Developing Countries: An Indonesian Perspective
- Mari Elka Pangestu

13. How Can the World Trade Organization and the Multilateral Trading System Support the Development Goals of Low income Countries?
- Ngozi Okonjo-Iweala

14. A Progressive Tariff Reduction Scheme
- Joseph Stiglitz and Andrew Charlton

15. Developing Countries and the World Trade Organization: What Are the Issues?
- Patrick Low

SECTION IV
Decision-making in the World Trade Organization: An Analysis of a Member-driven Organization

16. Decision-making in the World Trade Organization
- Sun Zhenyu

17. Great Expectations, Hard Times: Dickensian Decision-making at the World Trade Organization?
- Stuart Harbinson

18. PANEL DISCUSSION Decision-making at the World Trade Organization: An Analysis of a Member-driven Organization
- Merit E. Janow, Stuart Harbinson, Hyun-Chong Kim, Amina Mohamed, Mary Robinson, Sun Zhenyu

SECTION V
Reflections on the World Trade Organization in the Context of Economic Globalization

19. Dangers to the Trading System: The Real, The Hyped, and The Possibly Serendipitous
- Paul Blustein.

20. WTO Negotiations Under the Impact of Globalization: The Opportunity and Challenge of Multilateralism inthe Twenty-first Century
- Seiichi Kondo

21. PANEL DISCUSSION Reflections on the World Trade Organization in the Context of EconomicGlobalization
- Grant Aldonas, Martin Wolf, Seiichi Kondo, Paul Blustein, Keith Rockwell, John Jackson

PART II THE DISPUTE SETTLEMENT SYSTEM

SECTION VI
Examining the Dispute Settlement System: How Has It Performed?

22. The First Years of the Appellate Body and the WTO Dispute Settlement System: A Historical Perspective
- Julio Lacarte Muro

23. The Scope of WTO Law Enforced Through WTO Dispute Settlement Procedure
- Frieder Roessler

24. Legal Eagles? The WTO Appellate Body’s First Ten Years
- Petros Mavroidis

25. Features of the Appellate Body That Have Defined Its Performance
- Werner Zdouc

26. PANEL DISCUSSION Examining the Dispute Settlement System: How Has It Performed?
- Yasuhei Taniguchi, John Jackson, Julio Lacarte Muro, Petros Mavroidis, George Bermann, Frieder Roessler, Werner Zdouc

SECTION VII
Lessons from Experience: Operation of the Panel Process and Appellate Review

27. Expediting the Panel Process in WTO Dispute Settlement
- William Davey

28. The Strengths, Weaknesses, and Future of WTO Appellate Review
- Valerie Hughes

29. A Review of Major WTO Jurisprudence
- Mitsuo Matsushita

30. Enhancing the Operation of the WTO Panel Process and Appellate Review: Lessons from Experience and a Focus on Transparency
- Andrew Stoler

31. The Burden of Proof in WTO Dispute Settlemen
- David Unterhalter

32. Understanding the Concept of Prima Facie Proof in WTO Dispute Settlement
- Yasuhei Taniguchi

33. PANEL DISCUSSION Lessons from Experience: Operation of the Panel Process and Appellate Review
- Luiz O. Baptista, William Davey, Valerie Hughes, Mitsuo Matsushita, Andrew Stoler, John Weekes

SECTION VIII
WTO Case Law in the International Law Context

34. WTO Law and the "Fragmentation" of International Law: Specificity, Integration, Conflicts
- Giorgio Sacerdoti

35. The Factors Driving and Constraining the Incorporation of International Law in WTO Adjudication
- Jose Alvarez

36. The Use and Abuse of International Law in WTO Trade/Environment Litigation
- Robert Howse

37. An Outsider’s Look at the WTO Appellate Body
- Patricia Wald

38. Does the World Trade Organization Prohibit Retorsions and Reprisals? Legitimate "Contracting Out" or "Clinical Isolation" Again?
- Pieter-Jan Kuijper

39. PANEL DISCUSSION WTO Case Law in an International Law Context
- Georges Abi-Saab, Jose Alvarez, Florentino Feliciano, Martti Koskenniemi, Pieter-Jan Kuijper, Patricia Wald

SECTION IX
Considering Remedies

40. Remedies in the World Trade Organization: An Economic Perspective
- Kyle Bagwell

41. A Comment on Compliance with WTO Dispute Settlement Decisions
- Gary Horlick and Judith Coleman

42. Compliance by WTO Members with Adverse WTO Dispute Settlement Rulings
- Bruce Wilson.

43. Remedy in WTO Dispute Settlement
- Alan Wolff

44. PANEL DISCUSSION Considering Remedies
- Kyle Bagwell, Gary Horlick, Robert Lawrence, Bruce Wilson, Alan Wolff

SECTION X
The WTO Dispute Settlement System in the Next Ten Years

45. The WTO Dispute Settlement System in the Next Ten Years
- David Palmeter

46. Mapping the Law of WTO Accession
- Steve Charnovitz

47. PANEL DISCUSSION The Dispute Settlement System in the Next Ten Years
- Julio Lacarte Muro, Jane Bradley, Steve Charnovitz, Robert Howse, David Palmeter.

SECTION XI
Implementation of WTO Rulings: The Role of the Courts and Legislatures in the United States and Other Jurisdictions

48. US Implementation of WTO Decisions
- Sharyn O’Halloran

49. Multi-level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System
- Ernst-Ulrich Petersmann

50. Reconciling the International and the Domestic: The Reasonable Period of Time under Article 21.3 of the DSU
- Robin Hansen and Donald McRae.

51. PANEL DISCUSSION Implementation of WTO Rulings: The Role of Courts and Legislatures in the United States and Other Jurisdictions
- Giorgio Sacerdoti, Thomas Aquilino, Jr, George Bermann, Donald McRae, Sharyn O'Halloran,Ernst-Ulrich Jetersmann.

Biographical Notes

Table of Cases

Index