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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


A Philosophy of Evidence Law: Justice in the Search for Truth

H. L. Ho

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199228300
eISBN:
9780191711336
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228300.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong ... More


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


Conclusion

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/9780199572649.003.0006
Subject:
Law, Public International Law

The book concludes that many of the rules governing the process of fact-finding in WTO dispute settlement are not optimally designed. This concluding chapter reviews the main findings in this regard ... 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


Foundations of Evidence Law

Alex Stein

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.001.0001
Subject:
Law, Philosophy of Law

This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. The book develops an ... More


In the Dreamtime

Diana G. Tumminia

in When Prophecy Never Fails: Myth and Reality in a Flying-Saucer Group

Published in print:
2005
Published Online:
July 2005
ISBN:
9780195176759
eISBN:
9780199835720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195176758.003.0008
Subject:
Religion, Religion and Society

This chapter explains the Unarian practice of dream analysis as a fact-finding process that constructs reality. Dreams are used for healing, contact with Space Brothers, viewing past lives, and ... More


Law as a Standard of Value and Law as ‘Teaching’—The Significance of the Judge's Finding of Fact

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0030
Subject:
Law, Philosophy of Law

When a norm decrees behaviour to be obligatory, the actual behaviour which agrees with the norm can be judged (i.e. evaluated) as valuable or good, and the behaviour which does not agree with the ... More


Constitutional Fictions: A Unified Theory of Constitutional Facts

David L. Faigman

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.001.0001
Subject:
Law, Constitutional and Administrative Law

One of the principal debates in constitutional law today is whether the Constitution is a static document encased in the beliefs of the 18th and 19th centuries, or is a living framework of ... More


Judicial Review of Constitutional Fact-Finding: Juries, Judges, Legislatures, and Administrative Agencies

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0006
Subject:
Law, Constitutional and Administrative Law

Prior to a constitutional case's appearance before the Supreme Court, it has ordinarily travelled through a wide assortment of fact-finders, including state and federal courts, legislatures, and ... More


The Prospect of Courts Reviewing Higher Court Constitutional Fact-Finding

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0007
Subject:
Law, Constitutional and Administrative Law

Inherent in the approach proposed in this book is the basic insight that facts are dynamic over time, in that they themselves might change with advancing technology or an evolving society, or that ... More


A Unified Theory of Constitutional Facts

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter provides a bird's-eye summary of the procedural blueprint for constitutional fact-finding that is set forth in the previous chapters. It begins by importuning judges to become more ... More


Diversity in the Epistemology of Judicial Fact-Finding in the Major Legal Traditions of the World: Indicators for Conduct in International Arbitration

Won L. Kidane

in The Culture of International Arbitration

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.003.0008
Subject:
Law, Private International Law, Company and Commercial Law

This chapter provides a summary of the mechanisms of fact-finding in the various legal traditions to set the stage for the discussions of the complicating effects of cultural miscommunication among ... More


Groundwork

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0001
Subject:
Law, Philosophy of Law

This chapter identifies the domain of evidence law discussed throughout the book. It draws a fundamental distinction between the fact-finding objective of the law and objectives extraneous to ... More


Epistemological Corollary

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0002
Subject:
Law, Philosophy of Law

This chapter defines the characteristics of adjudicative fact-finding. It identifies and analyzes two fundamental problems — uncertainty and justification. It underscores the importance of ... More


Evidence Law: What is it For?

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0004
Subject:
Law, Philosophy of Law

This chapter examines the conventional evidence doctrine and criticizes it for insufficiently regulating adjudicative fact-finding. It levels a general opposition to free evaluation of evidence. It ... More


Fostering Increased Conformity with International Standards: Monitoring and Institutional Fact-Finding

Antonio Cassese

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0024
Subject:
Law, Public International Law

Given that international adjudication is unable to ensure compliance by states with international rules, two existing methods are proposed, which seem indicative of the new international society and ... More


The Contribution of International Nongovernmental Organizations to the Protection of Human Rights *

David Weissbrodt

in Human Rights in International Law: Legal and Policy Issues

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255406
eISBN:
9780191681592
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255406.003.0011
Subject:
Law, Public International Law

This chapter on non-governmental organizations (NGOs) introduces the reader to the use by NGOs of international fora. Section I.A. sketches the structure and characteristics of NGOs. Section I.B. ... More


Miscellaneous Matters

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0009
Subject:
Law, Public International Law

This chapter considers three distinct matters which are informative for the determination of the appropriate standards of review of facts. Section I examines the question whether the characteristics ... More


Disputes of Fact in Interim Applications

Stuart Sime

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0013
Subject:
Law, Constitutional and Administrative Law

Interim applications provide the means for getting before a procedural judge to obtain orders preserving the position until trial and for adjustments to the timetable laid down by the Civil Procedure ... More


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