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Abstract

Compensation is one of the key features of the general rules of international responsibility as a means of reparation. But in the WTO law, this is characterized by specificity to make it much different from the traditional concept. This study is trying to uncover the concept of compensation in WTO law within the framework of the so-called complaints of the violation, as well as complaints of non-violation, as has been included in the Dispute Settlement Understanding under WTO law, revealing the specificity of this system against the general rules of international responsibility in accordance with the provisions of public international law. This study is based primarily on the relevant texts contained in the Dispute Settlement Understanding, in addition to other conventions that are part of WTO law, with a focus on the various cases presented in this regard before the DSB which indicate the position of the latter. Our study in this framework tries to answer the following problem: to what extent does the concept of compensation in WTO law differ from or agree with the traditional concept in general rules of international responsibility? Where is the specificity place within this system? Is it possible that the latter is adequately and effectively able to redress the damage caused to one of the Contracting Parties? We start here with the specific nature of the compensation within the complaints of violation. Then, the concept of compensation in light of complaints of non-violation is tackled on the basis of analysis and discussion in an attempt to reach an objective assessment of this system. Finally, a contribution to the reform process is taken into consideration by always taking into account the nature of the international trading system

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