Les contre-mesures à l'OMC : évaluation de la compatibilité du système de représailles économiques avec la réalité contemporaine du commerce international

Authors: Couet, Marc-Antoine
Advisor: Beaudreau, Bernard C.Côté, Charles-Emmanuel
Abstract: With respect to the settlement of trade disputes, the establishment of the World Trade Organization (WTO) is marked by the establishment of a dispute settlement system that is more focused on the rule of law. Such legalization of the dispute settlement mechanism has, however, not led to any changes in the paradigm of the mechanism for implementing the recommendations and rulings of the Dispute Settlement Body (DSB). Indeed, the WTO has so far maintained in substance the GATT 1947 principle; when the complaining party identifies the failure of the respondent to comply with the DSB's recommendations and rulings within the reasonable period of time allowed for implementation and the former cannot come to a solution mutually acceptable with the latter on the granting of compensation, the complainant’s sole remedy becomes the use of countermeasures. However, during the same period, international trade underwent a radical metamorphosis: the phenomenon of international fragmentation of the production processes of goods and services has expanded dramatically. This master’s thesis proposes an analysis of the institution of countermeasures at the WTO in the light of these changes that have recently affected the world economy as well as recent developments in the field of economics. Building on an approach that engages both legal science and economics, the thesis demonstrates that the countermeasures system is not adapted to the reality of international trade in the 21st century. In light of these findings, the study critically explores the various suggestions for changing the implementation stage of trade disputes and suggests an institutional reform that may take place within the current legal framework. Key words: Dispute Settlement – Multinational Enterprises – International Trade – Global Value Chains – Economic Integration
Document Type: Mémoire de maîtrise
Issue Date: 2019
Open Access Date: 26 September 2019
Permalink: http://hdl.handle.net/20.500.11794/36682
Grantor: Université Laval
Collection:Thèses et mémoires

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