POLI 441 Lecture Notes - Lecture 19: World Trade Organization, General Agreement On Tariffs And Trade
23 Oct 2018
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Going through dispute stages (iv): the appellate body is a standing body: 7 judges rotate on cases. It is the institution"s supreme court, its conscience, its thinking organ. If compliance is still not forthcoming, the next step is suspension of concessions i. e. retaliation: retaliation is never greater than the amount of nullification and impairment: there is no punitive or retroactive element. Complainant gets to retaliate for x value but has discretion of where to do it. Still problematic, still costs, so poorer countries have trouble, example of small country retaliating against us using suspension of x value on us intellectual property rights, copyrights. Bush admin 2003, europe and japan get dsu ruling to retaliate, attack oranges because bush"s brother gov of florida. If there is disagreement about the magnitude of retaliation, a 22. 6 arbitration body is formed that sets the amount, rotating public list maintained by countries of who and what to target given a dispute.
