Evidence, Proof, and Fact-Finding in WTO Dispute Settlement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Evidence, Proof, and Fact-Finding in WTO Dispute Settlement write by Michelle T. Grando. This book was released on 2009-12-24. Evidence, Proof, and Fact-Finding in WTO Dispute Settlement available 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.
The Process of Fact-finding Before International Tribunals
The Process of Fact-finding Before International Tribunals - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Process of Fact-finding Before International Tribunals write by Michelle Terezinha Grando. This book was released on 2008. The Process of Fact-finding Before International Tribunals available in PDF, EPUB and Kindle. 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 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Practical Aspects of WTO Litigation write by Marco Tulio Molina Tejeda. This book was released on 2020-07-08. Practical Aspects of WTO Litigation available 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.
Burden of Proof in WTO Dispute Settlement
Burden of Proof in WTO Dispute Settlement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Burden of Proof in WTO Dispute Settlement write by James Headen Pfitzer. This book was released on 2009. Burden of Proof in WTO Dispute Settlement available in PDF, EPUB and Kindle.
Standards of Review in WTO Dispute Resolution
Standards of Review in WTO Dispute Resolution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Standards of Review in WTO Dispute Resolution write by Matthias Oesch. This book was released on 2003. Standards of Review in WTO Dispute Resolution available 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.
