Felisah Rose Kilembe

Monetary Compensation As a Remedy in the Wto Dispute Settlement System Felisah Rose Kilembe

One of the main objectives of the WTO dispute settlement system is to provide security and predictability to the multilateral trading system; however this objective is being threatened by the inadequacies of the remedies that currently exist in the system. This research aims to contribute to the improvement of the WTO dispute settlement system remedies by proposing that the inadequacies found in the remedies be dealt with by introducing monetary compensation as a remedy. What makes this paper different from other proposals for monetary compensation in the WTO is that the monetary compensation is being proposed as a primary remedy putting it on an equal footing with a recommendation, furthermore the paper argues that even though the DSU does not explicitly provide for monetary compensation, this remedy is already available to WTO members by virtue of the general public international law remedy of reparation.