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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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Optimizing the Process of Fact-Finding

Optimizing the Process of Fact-Finding

(p.9) 1 Optimizing the Process of Fact-Finding
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Michelle T Grando

Oxford University Press

This chapter presents some basic ideas to be used in the enterprise of understanding, assessing, and designing suggestions for improving the process of fact-finding (or process of proof) in WTO dispute settlement. In short, the goal is to establish a framework for the analysis which is undertaken in the following chapters. The chapter is divided into two main sections. Section I provides an overview of how the process of fact-finding fits into the overall context of legal adjudication. Section II focuses on the WTO dispute settlement system. It is argued that an optimal process of fact-finding must (i) maximize the goals of the system of adjudication of which it is part; (ii) manage uncertainty and the risk of error efficiently; and (iii) be in harmony with the basic structure of the system of adjudication of which it is part.

Keywords:   WTO, dispute settlement, fact-finding process, trade disputes

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