Since 1995, World Trade Organization (WTO) Members have authorized trade retaliation (countermeasures) in six disputes, and retaliatory measures have been imposed in four of these six disputes. Thus, retaliation no longer is a mere worst-case scenario of WTO dispute settlement. This article suggests that, given this, there would be merit in elaborating further procedural rules governing Members’ preparation and adoption of retaliatory measures. In an effort to flesh out this idea, possible amendments to the WTO Dispute Settlement Understanding are suggested which would introduce a requirement that Members conduct a domestic notice-and-comment procedure before adopting a retaliatory measure to be submitted to the WTO for authorization.
Journal of World Trade