- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
This article is devoted to the discussion of case law in which many aspects of the WTO legal regime have been clarified and analysed in a judicial manner. It looks at the settlement of World Trade Organization (WTO) disputes, effective systems of remedies, and remedies equally available to all WTO Members. A wide range of fundamental legal issues arise when scrutinizing WTO law on implementation and compliance. This article attempts to explore these questions from a number of different perspectives. It reveals that specific remedies that WTO law offers in cases of continued noncompliance — compensation and suspension of concessions — also require further scrutiny. It shows that the rule of law plays but a limited role in WTO dispute settlement, and that all depends on the politics of power. It attempts to prove that there is definitely scope for a greater role for the law than is often considered.
Piet Eeckhout is Professor of European Law and Director, Centre of European Law, King's College London. Associate academic member, Matrix Chambers, London.
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