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The Main Actors in the Process of Fact-Finding and the Development of the Factual Record

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0005
Subject:
Law, Public International Law

This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter ... More


Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Michelle T. Grando

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.001.0001
Subject:
Law, Public International Law

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 ... More


Optimizing the Process of Fact-Finding

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0001
Subject:
Law, Public International Law

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 ... More


Functioning of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0003
Subject:
Law, Public International Law

The previous chapter introduced some basic concepts related to the process of fact-finding and briefly outlined how those concepts are applied in international dispute settlement proceedings, ... More


International Dispute Settlement

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0005
Subject:
Political Science, International Relations and Politics

This chapter looks at the seventeen international courts (ICs) with the formal jurisdiction to adjudicate disputes pertaining to a broad range of issues. Fourteen of these ICs have jurisdiction to ... More


Introduction

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0000
Subject:
Law, Public International Law

This introductory chapter begins with a brief discussion of how the evolution and increased sophistication of the WTO legal system has resulted in more complex disputes requiring the resolution of ... More


The Allocation of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0004
Subject:
Law, Public International Law

Taking into account the fact that the question of the allocation of the burden of proof has not been addressed in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), ... More


Constitutional Theories of International Economic Adjudication and Investor-State Arbitration

Ernst-Ulrich Petersmann

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter gives an overview of the diverse ‘constitutional approaches’ of the European Court of Justice (ECJ), the European Free Trade Area (EFTA) Court, the ECtHR, and national courts throughout ... More


Access to Justice in the WTO: A Case for a Small-Claims Procedure?

Håkan Nordström and Gregory Shaffer

in Developing Countries in the WTO Legal System

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195383614
eISBN:
9780199855445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383614.003.0009
Subject:
Law, Public International Law

The current dispute settlement system of the WTO creates a particular challenge for WTO Members with limited exports because litigation costs are more or less independent of the commercial stakes ... More


Basic Concepts

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0002
Subject:
Law, Public International Law

This chapter discusses the meaning of basic concepts such as the burden of proof, standard of proof, and presumptions. It explains how those concepts are defined in the common law system, the civil ... More


Dispute Settlement and Its Implication for Agricultural Exceptionalism

Carsten Daugbjerg and Alan Swinbank

in Ideas, Institutions, and Trade: The WTO and the Curious Role of EU Farm Policy in Trade Liberalization

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199557752
eISBN:
9780191721922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557752.003.0005
Subject:
Political Science, Comparative Politics

Chapter 5 analyses the implementation of WTO farm rules within the WTO dispute settlement system in order to determine the extent to which the Dispute Settlement Body's rulings have brought about ... More


The WTO Dispute Settlement System

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0001
Subject:
Law, Public International Law

This chapter sketches relevant features of the subject of analysis: the WTO dispute settlement system. This book on treaty interpretation by the WTO Appellate Body is essentially concerned with how ... More


The Nature of International Adjudication

JOSÉ E. ALVAREZ

in International Organizations as Law-makers

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198765639
eISBN:
9780191710070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765639.003.0009
Subject:
Law, Public International Law

This chapter discusses the nature of international adjudication. It also explains the features of a legitimate court, and the instances when courts ‘make law’ and defined more broadly the domain of ... More


Order and Justice in the International Trade System

John Toye

in Order and Justice in International Relations

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199251209
eISBN:
9780191599293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251207.003.0005
Subject:
Political Science, International Relations and Politics

Toye focuses on issues relating to substantive justice as mediated through the international trade regime. He argues that the transition from the GATT to the WTO is leading to the continuation, ... More


Prevention and Settlement of Transatlantic Economic Disputes: Legal Strategies for EU/US Leadership

ERNST-ULRICH PETERSMANN

in Transatlantic Economic Disputes: The EU, the US, and the WTO

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199261727
eISBN:
9780191698774
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199261727.003.0001
Subject:
Law, Public International Law

This introductory chapter explains the European University Institute (EUI) dispute prevention and dispute settlement project and its main policy conclusions. The overview of alternative methods of ... More


Inherent Powers and Treaty Interpretation

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0005
Subject:
Law, Public International Law

This chapter focuses on the inherent powers of the Appellate Body, and how the availability and exercise of such powers influences the interpretation and application of procedural rules in WTO ... More


MOST FAVOURED NATION CLAUSES AND JURISDICTIONAL CLAUSES IN INVESTMENT TREATY ARBITRATION

Guido Santiago Tawil

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0003
Subject:
Law, Public International Law, Private International Law

This chapter considers some of the controversial issues addressed by different arbitral tribunals concerning the application of most favoured nation (MFN) clauses to dispute settlement. It begins ... More


With a Little Help From Our Friends?: Developing Country Complaints and Third-Party Participation

Marc L Busch and Eric Reinhardt

in Developing Countries in the WTO Legal System

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195383614
eISBN:
9780199855445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383614.003.0010
Subject:
Law, Public International Law

This chapter explains why and discusses what might be done to minimize the negative impact of third parties on effective use of dispute settlement by developing countries. The chapter proceeds as ... More


Dispute Settlement and Enforcement of Rules

Bernard M. Hoekman and Michel M. Kostecki

in The Political Economy of the World Trading System: WTO and Beyond

Published in print:
2001
Published Online:
November 2003
ISBN:
9780198294313
eISBN:
9780191596445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829431X.003.0004
Subject:
Economics and Finance, International

This chapter discusses WTO (World Trade Organization) dispute settlement and enforcement provisions. The mechanism used by the WTO is unique to that institution, and the procedures are formal and ... More


Introduction

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0001
Subject:
Political Science, International Relations and Politics

This book examines why democratic institutions for accountability encourage use of adjudication to resolve trade disputes. It argues that governments file a formal legal complaint for World Trade ... More


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