Die Aussetzung von Zugeständnissen im WTO-Streitbeilegungsverfahren

This dissertation deals with the suspension of concessions or other obligations in the World Trade Organization (WTO), specifically with how the arbitrators have understood this suspension, how they have interpreted the respective legal norms and how they have argued to set the level of suspension. The first chapter contains an introduction. The second chapter discusses the main objectives of suspending WTO concessions or other obligations, especially to induce compliance and to rebalance concessions. The former means creating incentives to bring the complaining party to comply with the recommendations and rulings of the WTO Dispute Settlement Body. The latter means restoring the balance between the parties' concessions that was upset by the complainant. This dissertation offers a three level approach that allows a better understanding of how these two objectives work. Chapter three deals with the level of nullification or impairment, and especially with the definition of nullification or impairment, the presumption contained in Art. 3.8 DSU, the burden of proof and pass through estimations. The fourth chapter addresses the suspension of concessions or other obligations, quantitatively as well as qualitatively. The focal point lies on defining the suspension of concessions or other obligations, punitive sanctions, carousel sanctions, diachronically variable suspension levels, cross retaliation, standing, the right to suspend concessions or other obligations, and transferring the suspension potential. Chapter five analyses WTO decisions, reports and awards concerning the suspension of concessions or other obligations. The results are systematised according to the three yardsticks that define the relation between the level of nullification or impairment and the level of suspension of concessions or other obligations: equivalence (Art. 22.4 DSU), appropriateness (Art. 4.10 and 4.11 SCM Agreement), and commensurateness (Art. 7.9 and 7.10 SCM Agreement). The last chapter offers some conclusions.URL: https://publikationen.uni-tuebingen.de/xmlui/handle/10900/4376