Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement
Author: Michelle T. Grando
Publisher: Oxford University Press
Total Pages: 446
Release: 2009-12-24
Genre: Law
ISBN: 019957264X

This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.

The Process of Fact-finding Before International Tribunals

The Process of Fact-finding Before International Tribunals
Author: Michelle Terezinha Grando
Publisher:
Total Pages: 380
Release: 2008
Genre: Dispute resolution (Law)
ISBN: 9780494447512

The Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU") provides general guidance but few direct answers to specific questions regarding the process of fact-finding before World Trade Organization (WTO) panels. Therefore, in order to render the dispute settlement system effective, panels and the Appellate Body have had to provide answers to those questions as they arose in the cases. In the light of this, the main objectives of this dissertation are (i) to determine whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case, (ii) to make suggestions for improvement.

Practical Aspects of WTO Litigation

Practical Aspects of WTO Litigation
Author: Marco Tulio Molina Tejeda
Publisher: Kluwer Law International B.V.
Total Pages: 661
Release: 2020-07-08
Genre: Law
ISBN: 9041185976

Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.

The World Trade Organization

The World Trade Organization
Author: Mitsuo Matsushita
Publisher: Oxford University Press
Total Pages: 942
Release: 2015
Genre: Business & Economics
ISBN: 0199571856

This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.

Standards of Review in WTO Dispute Resolution

Standards of Review in WTO Dispute Resolution
Author: Matthias Oesch
Publisher: Oxford University Press, USA
Total Pages: 306
Release: 2003
Genre: Business & Economics
ISBN: 9780199268924

This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.

Fact-Finding before the International Court of Justice

Fact-Finding before the International Court of Justice
Author: James Gerard Devaney
Publisher: Cambridge University Press
Total Pages: 307
Release: 2016-09-29
Genre: Law
ISBN: 1107142210

A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.

The WTO Dispute Settlement Procedures

The WTO Dispute Settlement Procedures
Author: World Trade Organization Secretariat
Publisher: Cambridge University Press
Total Pages: 163
Release: 2012-08-02
Genre: Law
ISBN: 1139561235

The third edition of The WTO Dispute Settlement Procedures collects together the treaty texts, decisions and agreed practices relating to the procedures that apply in the settlement of WTO disputes. It affords ready answers to technical questions relating to matters such as: how disputes are initiated and conducted, including at the appellate stage; what deadlines apply and how to calculate them; what rules of conduct bind individuals involved in WTO dispute settlement; and what rules of procedure apply to meetings of the Dispute Settlement Body. This highly practical work, which includes cross-references and a subject index, will prove invaluable to anyone working in WTO dispute settlement, including lawyers, civil servants working in the field of trade, economists, academics and students. This edition has been fully updated to take account of revised rules and procedures.