Social Regulation in the WTO

Social Regulation in the WTO

Trade Policy and International Legal Development

Krista Nadakavukaren Schefer

This original and authoritative book analyzes how the WTO’s restrictions on the use of trade measures for social goals affects the development of the law of the international community.

Chapter 6: Legal Remedies for Violations of WTO Law

Krista Nadakavukaren Schefer

Subjects: law - academic, international economic law, trade law, private international law


It has become common within the international law community as well as among the public at large to look at the World Trade Organization as a uniquely ‘strong’ international institution. Whether praised as such by supporters of multilaterally driven trade liberalization or condemned as such by those who feel threatened by the WTO’s project of (seemingly ruthlessly) spreading capitalist ideology, this perceived strength is largely based in the organization’s ‘binding’ dispute settlement mechanism.1 More precisely, the WTO appears strong because it offers both a formal arena in which Members can call into question other Members’ trade policy compatibility with WTO rules and, perhaps more importantly, it provides for legal remedies which permit the use of retaliatory trade sanctions in cases where the violator refuses to come into compliance with the rules.2 Indeed, the calls for using trade regulation to advance social policy goals rest on the perceived strength of the WTO – particularly in contrast 1 Matsushita, Schoenbaum, and Mavroidis call dispute settlement the ‘quintessential function’ of the WTO: Mitsuo Matsushita, Thomas J. Schoenbaum, and Petros C. Mavroidis, The World Trade Organization: Law, Practice, and Policy (Oxford: Oxford Univ. Press, 2003) 93, n. 69; Oren Perez, ‘Multiple Regimes, Issue Linkage, and International Cooperation: Exploring the Role of the World Trade Organization’, 26 U. Pa. J. Int’l Econ. L. (2006) 735, 753 (‘Indeed, the WTO is seen as more powerful than parallel global environmental regimes particularly because of the independent owers of the judicial system’). 2 DSU Article 22.2. A multivariate test...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information