This contribution analyses the difference between the enforcement system provided for by the European Union legal system and the one set up by the World Trade Organisation. The reciprocal and bilateral nature of the WTO obligations and the possibility for the parties to a dispute to have recourse to negotiation (in ways not always foreseen and regulated by the Dispute Settlement Understanding) in order to resolve the issue of implementation in the post-adjudication phase of the dispute settlement procedure are features that by-and-large differentiate the WTO legal system from that of the EU and also explains the differences between the remedies provided for by the two systems.
Tancredi, A. (2017). Enforcing WTO Law. In Jakab A, Kochenov D (a cura di), The Enforcement of EU Law and Values. Ensuring Member States’ Compliance. GBR : Oxford University Press.
Enforcing WTO Law
Antonello Tancredi
2017
Abstract
This contribution analyses the difference between the enforcement system provided for by the European Union legal system and the one set up by the World Trade Organisation. The reciprocal and bilateral nature of the WTO obligations and the possibility for the parties to a dispute to have recourse to negotiation (in ways not always foreseen and regulated by the Dispute Settlement Understanding) in order to resolve the issue of implementation in the post-adjudication phase of the dispute settlement procedure are features that by-and-large differentiate the WTO legal system from that of the EU and also explains the differences between the remedies provided for by the two systems.
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