Although the term “compensation” has not been defined, it is considered in practice
to be the granting of concessions in the form of greater market access, i.e., tariff reduction,
by the violating party. It is, to a certain extent, to return the disputing contracting parties to a mutual balance of tariff concessions.
26 It is left to the contracting parties to
determine compensatory concessions. Thus, it is a matter agreed upon by the parties
concerned, and the panels do not adjudicate on specific matters of compensation