Burden Of Proof Prima Facie Case And Presumption In Wto Dispute Settlement PDF Download
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Author | : John J. Barceló III |
Publisher | : |
Total Pages | : 23 |
Release | : 2009 |
Genre | : |
ISBN | : |
Download Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement Book in PDF, ePub and Kindle
Author | : John James Barcelo |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement Book in PDF, ePub and Kindle
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.
Author | : Michelle T. Grando |
Publisher | : Oxford University Press |
Total Pages | : 446 |
Release | : 2009-12-24 |
Genre | : Law |
ISBN | : 019957264X |
Download Evidence, Proof, and Fact-Finding in WTO Dispute Settlement Book in PDF, ePub and Kindle
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.
Author | : World Trade Organization Secretariat |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-09-14 |
Genre | : Law |
ISBN | : 1108279295 |
Download A Handbook on the WTO Dispute Settlement System Book in PDF, ePub and Kindle
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.
Author | : World Trade Organization |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-09-14 |
Genre | : Business & Economics |
ISBN | : 1108417272 |
Download A Handbook on the WTO Dispute Settlement System Book in PDF, ePub and Kindle
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author | : Lukasz Gruszczynski |
Publisher | : OUP Oxford |
Total Pages | : 327 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0199578923 |
Download Regulating Health and Environmental Risks Under WTO Law Book in PDF, ePub and Kindle
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.
Author | : Matthias Oesch |
Publisher | : Oxford University Press, USA |
Total Pages | : 306 |
Release | : 2003 |
Genre | : Business & Economics |
ISBN | : 9780199268924 |
Download Standards of Review in WTO Dispute Resolution Book in PDF, ePub and Kindle
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.
Author | : Rufus Yerxa |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2005-10-20 |
Genre | : Law |
ISBN | : 1139449044 |
Download Key Issues in WTO Dispute Settlement Book in PDF, ePub and Kindle
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.
Author | : Federico Ortino |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 632 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 904112232X |
Download The WTO Dispute Settlement System, 1995-2003 Book in PDF, ePub and Kindle
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.
Author | : Mitsuo Matsushita |
Publisher | : Oxford University Press |
Total Pages | : 942 |
Release | : 2015 |
Genre | : Business & Economics |
ISBN | : 0199571856 |
Download The World Trade Organization Book in PDF, ePub and Kindle
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.