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Paper Information

Journal:   PRIVATE LAW STUDIES   FALL 2010 , Volume 40 , Number 3; Page(s) 317 To 334.
 
Paper: 

ENFORCEMENT MECANISMS OF OBLIGATIONS AND CONCEQUENCES OF THEIR VIOLATIONS IN WTO

 
 
Author(s):  MORADI HASSAN*, REZAEI MOHAMMAD TAGHI
 
* LAW DEPARTMENT TEHRAN UNIVERSITY
 
Abstract: 
The legal texts of WTO consist of about 60 agreements, annexes, decisions and understandings containing so many obligations which should be observed and enforced by member states. Enforcement of these numereous obligations requires effective dispute settlement mechanisms to guarantee the proper function of the system. In WTO two main mechanisms have been designed for this purpose. The first is to control and supervising the proper implementing of the obligations through supervisory organs such as Ministerial Conference, General Council, Goods Council, Services Council and TRIPS Council. The second main mechanism is restoring to dispute settlement body that all member states have accepted its compulsory jurisdiction. This body in addition to settling the disputes, monitors the implementation of the rulings and recommendations, and has the power to authorize retaliation when a country does not comply with a ruling. These two mechanisms seem to be effective to enforce the obligations in WTO.
 
Keyword(s): WTO, ENFORCEMENT OF OBLIGATIONS, DISPUTE SETTLEMENT
 
References: 
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