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The Burden Of Proof In WTO Dispute Settlement Proceedings

Posted on:2010-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2166360275958896Subject:International Law
Abstract/Summary:PDF Full Text Request
The World Trade Organization dispute settlement mechanism is probably one of the most effective international trade dispute settlement mechanisms in the current world.In the dispute settlement proceedings,burden of proof rules have great significance and relate directly to the fulfillment of the parties' substantive rights.In practice,however,losing a case due to burden of proof issues is not infrequent.Therefore,a complete and correct understanding of the burden of proof rules under the WTO dispute settlement proceedings imposes great importance.In this regard,this Article addresses the burden of proof in WTO dispute proceedings. Besides the introduction and conclusion,the Article includes three chapters.Chapterâ… presents an introduction of the burden of proof,demonstrating the conception and meaning of burden of proof under multiple jurisdictions as well as in WTO dispute settlement proceedings.Chapterâ…¡analyzes the rules of allocation of burden of proof in WTO dispute settlement proceedings,including the general rules and reversal of burden of proof. Chapterâ…¢deals with the standard of proof in WTO dispute settlement proceedings.By analyzing and comparing the WTO cases and on the basis of the existing legal literature,the Author gives a systematic and complete analysis of the issue with a view to help further understanding and utilizing the WTO dispute settlement mechanism.
Keywords/Search Tags:WTO dispute settlement, Allocation of burden of proof, Affirmative defense, Prima facie case
PDF Full Text Request
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