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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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Functioning of the Burden of Proof

Functioning of the Burden of Proof

(p.103) 3 Functioning of the Burden of Proof
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Michelle T Grando

Oxford University Press

The previous chapter introduced some basic concepts related to the process of fact-finding and briefly outlined how those concepts are applied in international dispute settlement proceedings, including WTO dispute settlement. This chapter examines in more detail how panels and the Appellate Body manage the concept of the burden of proof and determine when the burden of proof has been discharged. In other words, the main issue discussed regards the functioning of the burden of proof in WTO dispute settlement. The chapter also discusses the related question of the degree of persuasion that panels must reach in order to determine that the burden of proof has been discharged: that is, it addresses the question of the standard of proof.

Keywords:   WTO, dispute settlement, trade disputes, panels, Appellate Body, burden of proof, standard of proof

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