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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Enforcing WTO Law

Enforcing WTO Law

Chapter:
(p.341) 20 Enforcing WTO Law
Source:
The Enforcement of EU Law and Values
Author(s):

Antonello Tancredi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0021

This chapter provides a brief analysis of the enforcement tools foreseen in the WTO dispute settlement mechanism. It focuses in particular on some of the peculiarities which differentiate them from the EU legal system. As the analysis shows, the relevance of reciprocity and post-litigation negotiations between States influences the legal nature of the WTO dispute settlement system, which today remains to a large extent a mixed or hybrid system. This contrasts one of the mantras diffused in the legal scholarship immediately after the entry into force of the Uruguay Round Agreements. It also represents a vehicle for the potential fragmentation of the multilateral legal framework governing international trade, which contributes to undermining the idea of uniformity of the obligations arising under the WTO Agreements for all Members.

Keywords:   World Trade Organization, WTO, dispute settlement, reciprocity, post-litigation negotiations, WTO dispute settlement system, international trade, WTO agreements

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