Abstract
The Judicial review by arbitration lies at the center of penalty mechanism of failure to WTO: Beyond its automaticity already reported, the control made in conformance with Article 22:6 is a global framing device of margin of appreciation of Members, which encompasses the procedure and background conditions for exercise of appeal to the suspension of concessions that a real switcher towards the restoration of legality. The jurisdictional control encloses at same time the appreciation margin of the parties in terms of procedure to be followed, and with regard to background conditions of implementation of suspension device of concessions. The coercive action of last resort is thus designed as an instrument in the service of legality, and we find good the objective function in adequacy with the global design of WTO system, completely turned to illicit fact and its cessation. The original text of the chapter is in French.Keywords: background condition; background conditions; bilateral forces; coercive action; objective function; procedure condition; suspension device of concessions; WTO system
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