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Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian
Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian
Hofstra Law Review
This essay explains the WTO's enforcement mechanism in terms of interest group theory. Under the Dispute Settlement Understanding, a WTO member that fails to comply with a ruling in a trade dispute is subject to "retaliation" from the complaining member: the complaining member may raise tariffs against the offending member's products. This remedy creates incentives for exporters in the offending country to lobby their government in favor of compliance. As a result, the retaliation remedy promotes compliance without intruding directly on national institutions. It is thus superior to suggested reforms, like direct effect, that would commandeer courts or other national …
A Shift Toward Protectionism Under §301 Of The 1974 Trade Act: Problems Of Unilateral Trade Retaliation Under International Law, Fusae Nara
Hofstra Law Review
No abstract provided.