According to chairman
of ALEC Simon Crean, in just two years
of full ESCAS application the Australian livestock export
trade has made huge inroads into improving animal welfare
outcomes and placed the
trade on a stronger footing to support its ongoing vital economic and job - sustaining role in regional Australia.
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A. 20 In effect, this means that whilst decisions
of the DSB create an obligation on the part
of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension
of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case
of Portugal v Council that a DSB decision did not oblige the losing party to achieve
full implementation
of its recommendations, where the possibility
of temporary compensation or retaliatory measures remained available.102 In other words, the
outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.