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Evidence, Proof, and Fact-Finding in WTO Dispute Settlement$
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Michelle T. Grando

Print publication date: 2009

Print ISBN-13: 9780199572649

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199572649.001.0001

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

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

Chapter:
(p.231) 5 The Main Actors in the Process of Fact-Finding and the Development of the Factual Record
Source:
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement
Author(s):

Michelle T Grando

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199572649.003.0005

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 is divided into two main parts. Section I discusses the role of the panel as a reviewer; it explains the limitations that are associated with this role in the context of challenges to domestic trade remedy investigations. It argues that, notwithstanding the views of some commentators, the same restrictions do not apply in cases brought before a panel under the sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) agreements, where the panel acts as the original-trier-of-facts. Section II focuses on the role of the panel as the original-trier-of-facts. It examines how the factual record on which the panel bases its rulings is developed.

Keywords:   WTO, dispute settlement, fact-finding, panel, SPS agreements, TBT agreements

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