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Improving Remedies in the WTO Dispute Settlement System

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Title: Improving Remedies in the WTO Dispute Settlement System
Author(s): Lee, Kil Won
Director of Research: Davey, William J.
Doctoral Committee Chair(s): Davey, William J.
Doctoral Committee Member(s): Garoupa, Nuno; Maggs, Peter B.; Ulen, Thomas S.
Department / Program: Law
Discipline: Law
Degree Granting Institution: University of Illinois at Urbana-Champaign
Degree: J.S.D.
Genre: Dissertation
Subject(s): World Trade Organization (WTO) dispute settlement compliance remedies compensation retaliation
Abstract: The purpose of this research is to study the compliance problem that exists in the World Trade Organization (WTO) dispute settlement system. When a member state does not bring its trade policies into conformity with WTO obligations, the WTO dispute settlement system offers either compensation or retaliation as acceptable remedies to the aggrieved member states. However, there are inherent weaknesses to these remedies, leading some members to disregard them by maintaining their violations for lengthy periods, thereby resulting in ineffective compliance. This dissertation assesses the problems associated with WTO dispute settlement remedies and considers possible improvements to them. First, I outline the applicable rules and procedures of WTO dispute settlement remedies in order to provide a general background for understanding this dissertation and examine their existing problems. I then attempt to clarify the purpose of WTO dispute settlement remedies, since knowing this purpose is an essential prerequisite for designing effective remedies. Finally, I offer suggestions to improve the remedies currently available through the WTO dispute settlement system.
Issue Date: 2011-05-25
URI: http://hdl.handle.net/2142/24121
Rights Information: Copyright 2011 Kil Won Lee
Date Available in IDEALS: 2011-05-25
Date Deposited: 2011-05
 

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