Download or read book Burden of Proof Prima Facie Case and Presumption in WTO Dispute Settlement written by John J. Barceló III and published by . This book was released on 2009 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Burden of Proof Prima Facie Case and Presumption in WTO Dispute Settlement written by John James Barcelo and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essay maintains that the WTO Appellate Body's concepts and terminology concerning a claimant's burden of proof - the concepts of prima facie case, presumption, and burden shifting - are disturbingly ambiguous and potentially misleading. This is so whether one thinks of these terms from either a common law or a civil law perspective. In the face of the current ambiguity, a future panel might understand the AB's prima facie case concept to require an overwhelming level of proof from the claimant. On the other hand, a different panel might allow a rather weak level of claimant's proof to meet the prima facie requirement, and then shift the full burden of proof to the respondent. Neither of these results would be justified. An important task of future AB decisions should be to clarify the existing ambiguity and to develop a more conceptually sound use of burden of proof terminology. The essay argues that the AB should abandon its current terminology (prima facie case, presumption, and burden shifting) and should simply state that the complaining Member bears the burden of proof on its basic claim and that this burden - meaning essentially the burden of persuasion - does not shift during the course of the proceeding. The reverse would hold for the responding Member's defenses.
Download or read book Evidence Proof and Fact Finding in WTO Dispute Settlement written by Michelle T. Grando and published by Oxford University Press. This book was released on 2009-12-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization Secretariat and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.
Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Download or read book Regulating Health and Environmental Risks Under WTO Law written by Lukasz Gruszczynski and published by OUP Oxford. This book was released on 2010 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central problem that this book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. It provides a critical examination of the substantive provisions of the agreement and corresponding case law.
Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The WTO Dispute Settlement System 1995 2003 written by Federico Ortino and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ?ordinary meaning? of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the ?legislative? and ?(quasi) judicial? activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus.
Download or read book Key Issues in WTO Dispute Settlement written by Rufus Yerxa and published by Cambridge University Press. This book was released on 2005-10-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.
Download or read book Standards of Review in WTO Dispute Resolution written by Matthias Oesch and published by Oxford University Press, USA. This book was released on 2003 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2013-08-08 with total page 1103 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly updated new edition of the classic, market-leading textbook is required reading for all students of WTO law.
Download or read book WTO Dispute Settlement Understanding written by Guohua Yang and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of the first decade of the existence of the World Trade Organisation (WTO), the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) has shown itself to be the foundation upon which the stable bas of the organisation rests. In essence, the DSU created a system of binding dispute settlement based on legal rules and procedures closely resembling a domestic, judicially based court system. The DSU established the procedures and rules to solve the dispute between the WTO Members and its formation has unquestionably added to the stability and positively influenced the performance of the international trading system. In short, the DSU is the procedural law within the WTO legal system. Although a strict system of precedent is not contemplated in the DSU itself, a system of de facto precedent has emerged and every panel or appellate body carefully considers past cases in its decisions. Accordingly, a rich body of case law has developed from the jurisprudence of the Dispute Settlement Board (DSB). This major new publication is the first comprehensive exploration of this jurisprudence. Through an article-by-article interpretation of the DSU, this book analyses how the panels and Appellate Body have read, interpreted and construed the provisions of the DSU. Its expert authors provide detailed juridical essays on each of the 27 articles of the DSU, with precise commentary on how panel and Appellate Body reports and arbitral awards (over 100 to date) affect the interpretation and application of the various DSU provisions. The coverage also includes the special or additional rules and procedures referred to in some of the agreements covered by the DSU, especially the manner in which the DSB has applied such rules to anti-dumping, subsidies and countervailing measures, and textiles. In addition, the volume reprints all of the DSU-related documents for easy reference. WTO Dispute Settlement Understanding: A Detailed Interpretation provides complete and through evaluation of the practical working meaning of the DSU. It will be of invaluable assistance to government officials, legal practitioners, scholars, media participants, non-governmental organisations, and other in their practical and important endeavors. The detailed analysis of this very important legal material will be welcomed by all concerned with matters of world trade and globalisation.
Download or read book WTO written by Rüdiger Wolfrum and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume gives a detailed account of the parameters for technical standards and measures seeking to protect health and environment
Download or read book Dispute Settlement Reports 2008 Volume 11 Pages 3889 4370 written by World Trade Organization and published by Cambridge University Press. This book was released on 2010-05-06 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2008.
Download or read book Dispute Settlement Reports 2007 Volume 2 Pages 423 718 written by World Trade Organization and published by Cambridge University Press. This book was released on 2009-03-19 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2007.
Download or read book Dispute Settlement Reports 2003 written by World Trade Organization and published by Cambridge University Press. This book was released on 2005-07-21 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2003.
Download or read book WTO Law and Policy written by Jae Sundaram and published by Routledge. This book was released on 2022-04-11 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO) and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO’s legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system, and incorporates the most relevant case laws from the WTO’s jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the covered agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time.
