WTO의 최후구제조치 관련 개선방안 : 장점과 단점

Since the WTO establishment,　only eight disputes resulted in the DSB authorization of retaliation. In practice, however, retaliation has been implemented in six disputes. The inefficiency of this remedy is one of the main reasons for such a modest retaliation practice. First, retaliation is against the free-trade philosophy of the WTO. Second, it is self-defeating, as it may bring more harm than benefit to a retaliating Member. Third, many small and developing countries lack sufficient retaliating power. Fourth, retaliation is prospective. Finally, it does not necessarily target the industries that have benefited from the responding Member's wrongful act. Thus, several proposals have been tabled with respect to e.g. an early determination and application of nullification or impairment, retroactive retaliation, collective retaliation, negotiable retaliation, the gradual increasing the retaliation level over time, and strengthening the role of compensation. Among them, the proposal to permit retroactive retaliation seems be most realistic, since the concept of retroactivity is not very new to GATT/WTO remedies, and fully applicable to general international law countermeasures. In addition, monetary compensation - paid either instead of or in combination with retaliation - would be another serious step towards improving the WTO remedies system.