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The Use Of Arbitration In Securing WTO Compliance

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Chapter Summary

The dispute settlement understanding (DSU) establishes a comprehensive dispute settlement process including implementation guidelines and recourse to an Appellate Body. This chapter provides a brief overview of the WTO dispute settlement process. It focuses on the nuances of implementation of panel and Appellate Body rulings. It also focuses on the manner in which the WTO uses three arbitration procedures to secure compliance with its rulings: DSU Article 21.3 - the reasonable period of time for implementation, Article 21.5 - measures taken to comply and Article 22.6 - retaliation and compensation. Finally, the chapter reviews developments in WTO arbitration practice, including gap filling measures and the evolution of a second recourse to Article 21.5.

Keywords: Appellate Body rulings; Article 21.3; Article 21.5; Article 22.6; dispute settlement understanding (DSU); WTO arbitration practice; WTO dispute settlement process



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