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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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Basic Concepts

Basic Concepts

Chapter:
(p.68) 2 Basic Concepts
Source:
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement
Author(s):

Michelle T Grando

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199572649.003.0002

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 law system, and in international law. It argues that because those concepts do not have exactly the same meaning in all legal systems, WTO panels and the Appellate Body should clearly define those concepts in the context of WTO law, taking into consideration the basic structure of the WTO dispute settlement system.

Keywords:   WTO, dispute settlement, standard of proof, common law, civil law, international law

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