Volume 41 (2007)

Volume 41 (2007) / Issue 6

Sherzod Shadikhojaev, Nohyoung Park, 'Cessation and Reparation in the GATT/WTO Legal System: A View from the Law of State Responsibility' (2007) 41 Journal of World Trade, Issue 6, pp. 1237–1258

Abstract

The contents and the status of cessation is considerably the same in the law of State responsibility and the GATT/WTO. However, the legitimacy of reparation, especially restitution and compensation, in the GATT/WTO is controversial. As to restitution, the arguments that retrospective remedies are contrary to the GATT/WTO practice are questionable. Compensation under the GATT/WTO instruments is not a form of reparation, but monetary compensation offered in US—Section 110(5) Copyright Act has some elements of compensation under the law of State responsibility. Finally, there seem to be two possibilities under the existing WTO disciplines when reparation could be provided on a case-by-case basis.

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ISSN: 1011-6702
ID: TRAD2007046