ATHALIA, CASIMIRA and Trihastuti, Nanik and Priyono, FX. Joko (2025) CONSISTENCY OF INTERPRETATION OF COMPLIANCE UNDER THE WTO DISPUTE SETTLEMENT UNDERSTANDING TO THE ENFORCEABILITY OF RULINGS ON DISPUTES. _052 HI 2025. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

Although the dispute settlement system, the Dispute Settlement Understanding(DSU) within the World Trade Organization (WTO), establishes compliance as a cornerstone of the multilateral trading system, interpretations of what constitutes proper compliance vary. This study examines the consistency of the interpretation of “compliance” under Article 21.1 of the DSU and its implications for the enforceability of the award using normative juridical legal research methods with the use of conceptual and comparative approaches. Through Textual and Contextual Interpretation according to the Vienna Convention on Treaty Law (VCLT), it determines the key elements that define “compliance” in the context of compliance with the award. Applying these determinations as a means to comparatively analyze three WTO case disputes. The inconsistency with the definition of compliance in Article 21.1 demonstrates how ambiguous terms and regulations governing such important decisions can lead to diverse interpretations and ambiguity. This study further argues how inconsistent interpretations of compliance undermine the effectiveness of the DSU by blurring the line between true compliance and mere procedural compliance, thereby affecting the legitimacy and enforceability of dispute resolution decisions.
Kata Kunci: Interpertation of Compliance, Dispute Settlement, Dispute Rulings

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