Evidence Proof And Fact Finding In Wto Dispute Settlement PDF Download
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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 | : Marco Tulio Molina Tejeda |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 661 |
Release | : 2020-07-08 |
Genre | : Law |
ISBN | : 9041185976 |
Download Practical Aspects of WTO Litigation Book in PDF, ePub and Kindle
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.
Author | : James Gerard Devaney |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2016-09-29 |
Genre | : Law |
ISBN | : 1316720896 |
Download Fact-Finding before the International Court of Justice Book in PDF, ePub and Kindle
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
Author | : Chester Brown |
Publisher | : Oxford University Press on Demand |
Total Pages | : 303 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780199206506 |
Download A Common Law of International Adjudication Book in PDF, ePub and Kindle
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
Author | : David Palmeter |
Publisher | : Cambridge University Press |
Total Pages | : 597 |
Release | : 2022-02-17 |
Genre | : Law |
ISBN | : 1108830528 |
Download Dispute Settlement in the World Trade Organization Book in PDF, ePub and Kindle
Provides a comprehensive, step-by-step explanation of the rules and procedures of the WTO dispute settlement process.
Author | : Margherita Melillo |
Publisher | : Cambridge University Press |
Total Pages | : 372 |
Release | : 2024-01-31 |
Genre | : Law |
ISBN | : 1009354345 |
Download Weaponising Evidence Book in PDF, ePub and Kindle
Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Author | : Johannes Hendrik Fahner |
Publisher | : Bloomsbury Publishing |
Total Pages | : 318 |
Release | : 2020-08-06 |
Genre | : Law |
ISBN | : 1509932291 |
Download Judicial Deference in International Adjudication Book in PDF, ePub and Kindle
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Author | : Freya Baetens |
Publisher | : Cambridge University Press |
Total Pages | : 651 |
Release | : 2019-08-22 |
Genre | : Law |
ISBN | : 1108485855 |
Download Legitimacy of Unseen Actors in International Adjudication Book in PDF, ePub and Kindle
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
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 | : Mavroidis, Petros C. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : 2022-07-15 |
Genre | : Political Science |
ISBN | : 1803921749 |
Download The WTO Dispute Settlement System Book in PDF, ePub and Kindle
This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.