Improvement of the WTO Dispute Settlement System Effectiveness and the Monetary Compensation

Autores/as

  • Luciana Maria Brassolatti de Oliveira Instituto Brasileiro de Mercado de Capitais, IBMEC, Brasília

DOI:

https://doi.org/10.5335/rjd.v37i1.14254

Palabras clave:

suspension of concessions; efficaciousness; dispute settlement system; WTO; DSB; monetary compensation

Resumen

This article examines the effectiveness of the suspension of concessions or other obligations taking into consideration the interpretation of the objectives of that measure by WTO doctrine and case law. In order to access if the suspension of concessions contributes to the effective implementation of the WTO DSB decisions and recommendations, the article adopts the theoretical concept of technical efficiency. Departing from an argument based on WTO doctrine and on the analysis of cases adjudicated by the WTO DSB, in which the measure was applied, the study demonstrates a mere partial efficaciousness of the suspension of concessions for the DSB compliance procedure. In this regard, it is suggested that the DSU adopts the institute of reparation, present in the International Public Law, aiming to stablish the obligation of indemnify the damages caused throughout the dispute settlement procedure, due to the continuation of the illegal practice by the transgressor member. The article concludes, therefore, with a proposal for including the retroactive monetary compensation in the DSU, in order to reinforce its compliance procedure and offering more effectiveness to the WTO DSS.

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Biografía del autor/a

  • Luciana Maria Brassolatti de Oliveira, Instituto Brasileiro de Mercado de Capitais, IBMEC, Brasília

    Lawyer specialized in International Economic Law and Internacional Trade Law. Professor at IBMEC Brasília. She holds a postdoctorate program in International Trade Law at University of São Paulo, Faculty of Law (USP) with the position of visiting researcher at the Graduate Institute of International and Development Studies. Her postdoctoral researchs were supported by CAPES National Postdoctoral Program. Luciana holds a PhD and a MA degree in international law also at University of São Paulo (USP). Her PhD and MA degrees were supported by FAPESP São Paulo Research Foundation. She worked as a senior researcher at the Center on Global Trade and Investment (CGTI) of Getulio Vargas Foundation School of Economics. Participated in the Internship Program of the Brazil’s Mission at the WTO, and in the WTO Research Program for PhD students (WTO PhD Research Programme), Geneva 2011.

Publicado

2023-07-30

Cómo citar

Improvement of the WTO Dispute Settlement System Effectiveness and the Monetary Compensation. (2023). Revista Justiça Do Direito, 37(1), 36-89. https://doi.org/10.5335/rjd.v37i1.14254