WTO 분쟁해결절차상의 보복조치의 수준에 관한 연구

The 'suspension of concessions or other obligations', known widely as 'retaliation' in short, is a trade restriction a WTO member will be faced with when the recommendations and rulings of the DSB are not implemented within a reasonable period of time. Since the parties have to accept the arbitrators' decision as final, the process and the standard of basis the arbitrators follow hold significant meaning. Since the retaliation cases requested before the DSB have only been associated with two articles, classification of these decisions are quite simple. A specific standard is employed for each article: Article 22.4 of the DSU is based on trade effects and Article 4.11 of the SCM Agreement on total amount of subsidy. This being so, these standards have been evaluated from three different viewpoints, that is, according to the purposes of retaliation, general international law, and the problems that can arise in the process of calculating the level of retaliation. The debate concerning the level of retaliation, as a result, naturally boils down to determining the proper level of persuasiveness. The importance of the arbitrators' role to advance a level of retaliation, acting within the limit conferred upon them by the DSU and the SCM Agreement, that will bring about mutual understanding between the parties concerned has increased ever more.