By: Chi Carmody
This volume reviews and assesses the legal remedies available under the WTO Agreement. It examines these remedies in light of reparative and punitive theories of justice, and concludes that WTO remedies are distinct because they seek principally to achieve compliance with the WTO Agreement. They do so principally by identifying a violation and leaving it to the parties to negotiate a settlement. The aim is neither to correct the injury, nor to punish the wrongdoer; but to create a new legal situation in which the wrong is unlikely to recur. WTO remedies are therefore akin to the declarative relief traditionally granted in public international law and domestic public law. At the same time, they pose a challenge to a developing international legal system that is increasingly oriented towards corrective and punitive justice.
This is the first comprehensive text offering a complete review of remedial law and practice under the WTO Agreement. It provides comparisons of WTO law and its remedies and results with public international law, European, and domestic public law. It is highly relevant to lawyers, academics, and government officials seeking an explanation of what WTO dispute settlement actually achieves.
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