Prima Facie Case In WTO Dispute Settlement

The WTO dispute settlement mechanism has played an important role in the field of international trade for maintaining a peaceful order.Since 1995,the WTO has accepted 595 disputes and issued more than 350 rulings.However,WTO does not have written rules of evidence,and the relevant rules are based on the practice of panel and appellate body.The term of “prima facie case” is frequently mentioned in many cases.This term firstly appeared in U.S.-Wool Shirts and Blouses,and it has gained great prominence with an increasing number of practices.However,neither the panel nor the appellate body has given the prima facie case a precise interpretation.This has led to a huge divergence in its understanding and application.Based on the analysis of relevant WTO cases,this article compares the two evidence rules in the civil law and common law and makes a comprehensive study on the application of prima facie case.This article is organized as follows:The Preamble includes the background of the subject,the significance of the research,the current research,the research methods,the innovation and shortage of this article.The first chapter: the overview of prima facie case.Firstly,this chapter introduces the general concept and practice of prima facie case in the common law,the civil law and the international dispute settlement body.Secondly,the prima facie case in WTO dispute settlement mechanism are sorted out in detail and its specific rules are summarized.The second chapter: the application of prima facie case before the trial.Firstly,based on the WTO dispute practice,this chapter sorts out the application of prima facie case before the trial.Secondly,the prima facie case is distinguished from the two similar concepts-terms of reference and judicial economy.Then,this chapter analyzes the defects of prima facie case in practice.Finally,the necessity of applying the prima facie case before the trial is explained from three aspects.The third chapter: the application of prima facie case in trial.In this chapter,the two applications of prima facie case and their shortcomings are analyzed.The fourth chapter: improvement of prima facie case.This chapter proposes a solution to the defects of prima facie case summarized in the second and third chapters from the following two levels.The first level is the application of the panel.The specific procedures for applying the prima facie case before the trial should be improved,and the prima facie case should be abandoned as the standard of proof.The second level is the relief of the appellate body.This chapter proposes that the review authority of the appellate body should be appropriately extended.