A Study on the Retaliation in WTO Dispute Settlement Mechanism ─ Focusing on Cross-Retaliation

• Main Authors: TSAI, HSIN-YI, 蔡欣怡
• Other Authors: 葉錦鴻
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/fmjku3

碩士 === 國立中正大學 === 財經法律學研究所 === 103 === Trade Retaliation is the last resort given to prevailing parties under the WTO dispute settlement mechanism. Nevertheless, due to the asymmetry of economic power between developing countries and developed countries, the former could not make use of the last resort effectively. Therefore, developing Members are trying to take cross-retaliation as a means to induce compliance by developed Members.The requirements of cross-retaliation are provided in the Article 22.3 of DSU. According to the DSU, a member should first seek to suspend concessions in the same sector under the same agreement, then seek to suspend within the same agrrement and finally seek to suspend inder another agreement. This paper demonstrates an overview of WTO cross-retaliation. It mainly discusses the basic features and authorizing procedures of cross-retaliation, explains the feasibility and rationality of cross-retaliation in the light of three WTO dispute cases, and makes an objective assessment on the effectiveness of cross-retaliation.