MJIEL Vol 1 Issue 3 2004 - A2




The issue of effective compliance with the WTO dispute settlement reports has been at the spotlight in recent years within the academic and practitioner circles. The debates on this topic have culminated into academic writings that have effectively settled the long-standing contemplated question on the international law nature of an adopted WTO Dispute Settlement Body (DSB) Report. Thus, with the clinching of these debates, it may now be contended that the traditional international law remedies for a continuous non-respect of a convention by a State party to that convention (which may be collective in nature), may now be well fitted into the WTO dispute settlement enforcement system. We therefore discuss this complicated question in this writing in the WTO dispute settlement context with inspiration taken from the 2001 International Law Commissions (ILC) Articles on the Responsibility of States for Internationally Wrongful Acts.

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