Neither Reluctant nor Aggressive Legalism: <scp>E</scp>ast <scp>A</scp>sian Countries under the <scp>W</scp>orld <scp>T</scp>rade <scp>O</scp>rganization Dispute Settlement Mechanism

Moon, Don

doi:10.1111/pafo.12004

Cited by 2 publications

(1 citation statement)

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“…Based on the principle of automation, the procedure of dispute settlement before the WTO DSB is binding upon the disputing parties and shall be carried out sequentially. The WTO litigation process has become automatic and more expeditious (Don Moon, 2013). The WTO DSB's decision (rulings) in settling a dispute is automatically binding for the disputing parties.…”

Section: Problem Of Non-compliance With the Wto Dsb Rulingsmentioning

confidence: 99%

A Proposal to Address Problem of Non-Compliance With The World Trade Organization Dispute Settlement Body Rulings

Yohanes,

Christiani

2024

J. of Law and Sust. Develop.

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Objective: This study aims to analyze the problems of non-compliance with several of the rulings of the Dispute Settlement Body of the World Trade Organization and how to overcome the problem to increase the effectiveness of the WTO Law. Methods: This research is normative legal research. The study uses secondary data consisting of primary and secondary legal materials. The data were analyzed by using qualitative method, and conclusions are drawn by deductive method. Result: Some of the WTO DSB rulings have status the compliance proceedings is completed with findings of non-compliance. It meant that some of the WTO DSB rulings were not implemented. This could result in decreased the compliance with the WTO Law and further to hamper the achievement of the WTO objectives. Conclusion: The weakness of the enforcement measures led to non-compliance with some of the DSB WTO rulings. This paper proposes to strengthen the enforcement mechanism to overcome the problem of non-compliance with the WTO DSB rulings through the application of monetary compensation sanctions, temporary prohibition to make complaints and the establishment of WTO DSB rulings enforcement body. An effective WTO law enforcement mechanism was needed to increase international trade and World economic growth, so it was important in achieving the development program goals, including the Sustainable Development Goals.

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Section: Problem Of Non-compliance With the Wto Dsb Rulingsmentioning

confidence: 99%