2 edition of Evidence, proof, and fact-finding in WTO dispute settlement found in the catalog.
Evidence, proof, and fact-finding in WTO dispute settlement
Michelle T. Grando
|Statement||Michelle T. Grando.|
|Series||International economic law series|
|LC Classifications||K4610 .G73 2010|
|The Physical Object|
|LC Control Number||2009043466|
INSTITUTIONALIZED FACT-FINDING AT THE WTO DAVID COLLINS* ABSTRACT This short article argues that the World Trade Organization ("WTO") should have a standing agency to conduct fact-finding in order to correct evidentiary deficiencies in submissions by Mem-bers to panels during dispute settlement. Such a mechanism will. This chapter presents some basic ideas to be used in the enterprise of understanding, assessing, and designing suggestions for improving the process of fact-finding (or process of proof) in WTO dispute settlement. In short, the goal is to establish a framework for the analysis which is undertaken in the following chapters. The chapter is divided into two main sections.
(Part I) Several commentators have argued that the WTO Appellate Body should clarify whether the standard of proof applicable in WTO dispute settlement proceedings is a relatively low standard of being less than a balance of probabilities (e.g. mere "plausibility", "possibility"), the balance of probabilities (i.e. "preponderance of the Author: Graham Cook. Drabek, Zdenek (ed). Is the World Trade Organisation Attractive Enough for Emerging Economies? Critical Essays on the Multilateral Trading System. Palgrave Macmillan. Grando, Michelle. Evidence, Proof and Fact-finding in WTO Dispute Settlement. Oxford University Press. International Monetary Fund. 25 February
Most fora for the adjudication of disputes receive and hear evidence concerning the facts underlying the dispute, for the finding of facts is an important part of the judicial function.1 This is true of municipal courts as well as of international courts; the function of evidence is ‘to enable the tribunal to discover the truth concerning the conflicting claims of the parties before it’ International Economic Law. Second Edition. Andreas F. Lowenfeld International Economic Law Series. Comprehensive analysis of the legal foundations of the international economy; Coverage includes the WTO and GATT, international investment sanctions, developing country debt and competition and intellectual property laws.
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This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e. the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels Cited by: Evidence, Proof, and Fact-Finding in WTO Dispute Settlement Michelle T.
Grando International Economic Law Series. First book to examine this important issue, which is critical to how WTO cases. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases.
Evidence This article explores the distinction between law and fact in the context of dispute settlement in the World Trade Organization (WTO) and, in particular, the limitation of appeals to issues of law. " one of the first books to present an in-depth analysis of various procedural issues related to evidence, proof, and fact-finding in WTO Dispute Settlement One of the major qualities of this book is that the author is not only able to explain such very technical concepts, rendering them understandable also even to those who have never appeared in a domesdtic Court, but she also proposes solutions.
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement by Michelle T. Grando,available at Book Depository with free delivery worldwide. III. The Standard of Proof for WTO Dispute Settlement A.
The importance of setting a standard of proof B. Considerations when setting the standard of proof C. Is the prima facie case standard ever optimal.
Concluding Remarks - -- 4 The Allocation of the Burden of Proof Introduction I. The Current Status of the WTO Rules A. The problem at issue B. The WTO. Few lawyers outside of the trade law world have studied the operation of the WTO dispute settlement process, or compared its handling of major procedural issues to the corresponding approaches in international commercial and investment arbitration.
J Pauwelyn; Evidence, proof and persuasion in WTO dispute settlement. Who bears the burden?, Journal of International Economic Law, Volume 1, Issue 2, 1 June 1Cited by: Cameron, J and Orava, SJ, ‘GATT/WTO Panels between Recording and Finding Facts: Issues of Due Process, Evidence, Burden of Proof, and Standard of Review in GATT/WTO Dispute Settlement’ in Weiss, F (ed), Improving WTO Dispute Settlement Procedures: Issues and Lessons from the Practice of Other International Courts and Tribunals (London Cited by: 5.
Evidence, proof, and fact-finding in WTO dispute settlement. [Michelle T Grando] -- "This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e.
the process of. Buy Evidence, Proof, and Fact-Finding in WTO Dispute Settlement, by Michelle T. Grando, ISBNpublished by Oxford University Press fromthe World's Legal Bookshop.
Shipping in the UK is free. Competitive shipping rates world-wide. () [email protected] This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat.
This new edition covers all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December Due process in WTO disputes the process of fact-finding or process of proof.
The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions Author: Andrew D. Mitchell. Evidence, proof, and fact-finding in WTO dispute settlement. [Michelle T Grando] -- This text examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it.
By James Headen Pfitzer and Sheila Sabune — Burden of Proof in WTO Dispute Settlement: Contemplating Preponderance of the Evidence ExEcutivE SummaRy The burden of proof in dispute settlement has been referred to as a legal response to ignorance.
However, clarification is necessary to establish what constitutes the “prima facie” evidence that. 3 The WTO dispute settlement system and its operation: a brief overview of the first ten years Bruce Wilson.
4 The role of the Dispute Settlement Body in the dispute settlement process Bozena Mueller-Holyst. 5 Consultations and the panel process in the WTO dispute settlement system Gabrielle Marceau. 6 Contingent trade remedies and WTO dispute. Cameron, James and Orava, Stephen J.
‘GATT/WTO Panels between recording and finding facts: Issues of due process, evidence, burden of proof, and standard of review in GATT/WTO dispute settlement’ in Weiss, Friedl (ed.), Improving WTO Dispute Settlement Procedures: Issues and lessons from the practice of other international courts and Cited by: Evidence, Proof, and Fact-Finding in WTO Dispute Settlement Call Number: KG73 This book examines the fact-finding procedures employed by WTO dispute settlement : Mabel Shaw.
Author: Anna Riddell,Brendan Plant. Publisher: British Inst of International & Comparative ISBN: N.A Category: Law Page: View: DOWNLOAD NOW» Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court.
Noté /5. Retrouvez Evidence, Proof, and Fact-Finding in WTO Dispute Settlement et des millions de livres en stock sur Achetez neuf ou d'occasionAuthor: Michelle T.
Grando.This page is a gateway to material on dispute settlement procedures initiated since under the Dispute Settlement Understanding (DSU).
It provides access to the WTO Dispute Settlement Database, as well as some basic statistical information on recourse to WTO dispute settlement to date and a link to most recently issued dispute-settlement documents.This book offers a portrait of the practice of monitoring, reporting, and fact-finding in the domain of human rights, international humanitarian law, and international criminal law.
By analyzing the experiences of fifteen missions implemented over the course of the past decade, the book illuminates the key issues that these missions face and offers a roadmap for practitioners working on future.