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Revista de la Secretaría del Tribunal Permanente de Revisión

On-line version ISSN 2304-7887

Abstract

CADO, Morgana Araújo  and  SILVA, Marcelo Maurício da. Gap in the application of arbitration reports to the World Trade Organization dispute settlement system. Rev. secr. Trib. perm. revis. [online]. 2020, vol.8, n.15, pp.51-70. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a8.n15.p51.

In multilateral economic relations nations are susceptible to conflicts while pursuing their commercial interests and, in this scenario, to bring them to a common denominator, the dispute can be referred to the World Trade Organization, which will guide the relevant measures in each case through of its internal dispute resolution body, which adopts arbitration as a mechanism. However, each nation may resist the arbitrator’s decision and at this point creates a gap in the enforcement process. With this, the present work sought to analyze the procedures of the execution process in light of the coercive methods present in Public International Law. The adopted methodology is based on qualitative research based on reflective study supported by a theoretical framework and specific cases, under the reference of the approach and procedure method, inductive and comparative, respectively. In addition, the investigative technique was based on in-depth analysis of national and foreign doctrine, the interpretation of international treaties, as well as the reports produced and issued annually by the WTO. Under this bias, the results were perfected by verifying the fragility of the arbitration execution for non-compliance or inertia of the claimed country. For all the foregoing, it was concluded that behind the advantages of the arbitration institute there is the dissatisfaction of the plaintiff due to the negative execution, and there is a need to apply sanctions from the international sphere that, however, may not be sufficient for effective compliance of the decision.

Keywords : International law; World Trade Organization; Dispute Settlement System; Execution of arbitration..

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