Cross-Retaliation as an Essential Enforcement Mechanism for Developing Countries

초록

The WTO Dispute settlement understanding stipulates two measures that the complainant can utilize in cases of non-compliance by the violator after the expiration of a reasonable period of time: compensation and retaliation. However, the criticism of these measures from many scholars and WTO member countries shows the urgent need to reform the implementation and enforcement stage of the dispute settlement system. This article proposes freedom of cross-retaliation and imposition of cross-retaliation under TRIPS as an additional tool aimed at increasing the efficacy of retaliation in the WTO, particularly for developing countries. The analysis of the proposal was conducted by referencing the WTO case study in cross-retaliation, the decisions of the panel and Appellate Body in relevant WTO cases, as well as considering the proposals and viewpoints of the various scholars in relation to the specified subject.

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