000048802 001__ 48802
000048802 005__ 20181128220731.0
000048802 037__ $$a1753-2016-141182
000048802 037__ $$a1753-2016-141503
000048802 041__ $$aen
000048802 245__ $$aCollective Retaliation and the WTO Dispute Settlement System
000048802 260__ $$c2009
000048802 269__ $$a2009
000048802 300__ $$a13
000048802 336__ $$aJournal Article
000048802 490__ $$aEstey Centre Journal of International Law and Trade Policy, Volume 10, Number 1, 2009, pages 196-208
000048802 520__ $$aArticle 22 of the Dispute Settlement Understanding (DSU) of the WTO offers, as last resort countermeasures, withdrawal of the concessions the state parties had agreed to in their schedules of commitments. The problem is that such a withdrawal of concessions would have very little impact on the economy and consequently on the behaviour of the respondent state if that party happened to be a developed state vis-à-vis a small, developing country. To deal with this situation a remedy of “collective countermeasures”, contained in Article 54 of the Draft Articles on State Responsibility of the International Law Commission (ILC), has been proposed; it has been argued that this remedy should apply, as a general principle of public international law, as a last resort in WTO disputes. The counter-arguments are, first, that the WTO regime is a self-contained regime and therefore the general principles of international law do not apply in this case, and, second, that the WTO legal system is based on a distinct idea of “compliance” with WTO rules as a primary remedy, as opposed to reparative and punitive justice. The concept of “compliance” with WTO rules is akin to the concept of “liberalization”, which is a linchpin of the WTO multilateral system. Therefore the idea of “collective countermeasures” or, in other words, “collective punishment” is repugnant to the principles of WTO law, and it is argued that the present remedies under Article 22 of the DSU are adequate.
000048802 542__ $$fLicense granted by Desaree Larsen (journal@esteycentre.com) on 2009-04-03T22:48:45Z (GMT):

<center>  <h2> Deposit Agreement </h2> </center>
I represent that I am the creator of the digital material identified herein (&ldquo;Work&rdquo;).
I represent that the work is original and that I either own all rights of copyright 
or have the right to deposit the copy in a digital archive such as AgEcon Search. 
I represent that in regard to any non-original material included in the Work I have
secured written permission of the copyright owner (s) for this use or believe this 
use is allowed by law. I further represent that I have included all appropriate 
credits and attributions. I hereby grant the Regents of the University of Minnesota
(&ldquo;University&rdquo;), through AgEcon Search, a non-exclusive right to access, reproduce, 
and distribute the Work, in whole or in part, for the purposes of security, preservation,
and perpetual access. I grant the University a limited, non-exclusive right to make
derivative works for the purpose of migrating the Work to other media or formats in
order to preserve access to the Work. I do not transfer or intend to transfer any 
right of copyright or other intellectual property to the University. If the Deposit 
Agreement is executed by the Author�s Representative, the Representative shall separately
execute the following representation: I represent that I am authorized by the Author
to execute this Deposit Agreement on behalf of the Author.

000048802 650__ $$aFood Consumption/Nutrition/Food Safety
000048802 650__ $$aInternational Relations/Trade
000048802 6531_ $$acollective
000048802 6531_ $$aretaliation
000048802 6531_ $$aWTO
000048802 6531_ $$adispute
000048802 6531_ $$asettlement
000048802 6531_ $$asystem
000048802 700__ $$aKorotana, M.S.
000048802 773__ $$dWinter 2009$$j 10$$o208$$q196$$tEstey Journal of International Law and Trade Policy
000048802 773__ $$k 1
000048802 8564_ $$s381460$$uhttps://ageconsearch.umn.edu/record/48802/files/korotana10-1.pdf
000048802 887__ $$ahttp://purl.umn.edu/48802
000048802 909CO $$ooai:ageconsearch.umn.edu:48802$$pGLOBAL_SET
000048802 912__ $$nSubmitted by Desaree Larsen (journal@esteycentre.com) on 2009-04-03T22:51:26Z
No. of bitstreams: 1
korotana10-1.pdf: 381460 bytes, checksum: bee041a9a8ab83b883a225e627c68009 (MD5)
000048802 912__ $$nMade available in DSpace on 2009-04-03T22:51:28Z (GMT). No. of bitstreams: 1
korotana10-1.pdf: 381460 bytes, checksum: bee041a9a8ab83b883a225e627c68009 (MD5)
  Previous issue date: 2009
000048802 982__ $$gEstey Centre Journal of International Law and Trade Policy>Volume 10, Number 1, Winter 2009
000048802 980__ $$a1753