Trade Defence & Litigation

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Glossary of terms

Introduction

‘In general terms, the functions of WTO panels and the Appellate Body is to review measures adopted by WTO Members with a view to determining whether those measures are consistent with the WTO agreements. The DSU  does not set out in detail how panels are to perform their task of reviewing the measures brought before them. Article 11 of the DSU contains a broad statement describing the role of the panel. According to Article 11, ‘a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability and conformity with the relevant covered agreements … [Panels] may perform two distinct roles: (i) reviewer stricto sensu, and (ii) original-trier-of-facts.’ Evidence, Proof, and Fact-Finding in WTO Dispute Settlement, by Michelle T. Grando, published by Oxford University Press, page 231.

WTO Dispute Settlement System

Appelate Body

Jurisdiction

Main actors

Fact-finding

Evidence

Proof

Legal Adjudication

Rules and Procedures Governing the Settlement of Disputes (‘DSU’)

Dispute Settlement Rules and Procedures in the Multilateral Trade Agreements

Dispute Settlement Decisions of the Contracting Parties

Dispute Settlement Rules and Procedures in the Plurilateral Trade Agreements

Rules of Procedure for Meetings of the Dispute Settlement Body

Rules of Conduct for the Understanding on the Rules and Procedures Governing the Settlement of Disputes

Rules and Procedures Relating to Appelate Review

DSU Practices

The burden of proof

Presumptions

The standard of proof

Allocation of the burden of proof

Burden of pleading

Duty of cooperation

Confidential information

Disclosure

Decisions

Bibliography

Useful inks

EC Anti-Dumping: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/actions-against-imports-into-the-eu/anti-dumping/index_en.htm

EC Trade Defence: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/

European Commission Ongoing Trade Defence Investigations: http://trade.ec.europa.eu/tdi/

Institute for Government – Trade Defence: https://www.instituteforgovernment.org.uk/explainers/trade-defence