[ 劉成偉 ]——(2003-7-7) / 已閱40300次
II Generic Third Party Rights: Interpretation of Art. 10.3
III Extended Third Party Rights: Exercise of Panels’ Discretion
IV Summary and Conclusions
Chapter IV Function of Panels: Art. 11 of the DSU
I Introduction
II Application of Art. 11 as a General Standard of Review
III Review in “neither de novo nor total defence”
IV Allegation against Panels’ Standard of Review
V Exercise of Judicial Economy
Chapter V Guidelines for Interpretation of the WTO Covered Agreements
I Introduction
II Application of Arts. 31, 32 of the Vienna Convention
III WTO Rules on Conflicts: Effective Interpretation
IV The Status of Legitimate Expectations in Interpretation
Chapter VI General Rules of Evidence under the WTO Jurisprudence
I Burden of Proof under the WTO Jurisprudence
(i) General Rules Well Established in Violation Complaints
(ii) Burden of Proof in case of Invoking an Exception
(iii) Special Rules Concerning Non-Violation Claims
(iv) Summary and Conclusions
II Admissibility of Certain Evidences
(i) Evidence Obtained from Prior Consultations
(a) Procedural Concern: Confidentiality of Consultations
(b) Substantial Concern: Necessity or Relevance of Evidence
(ii) Arguments before Domestic Investigative Authorities
(iii) Arguments Submitted after the First Substantive Meeting
(a) There is a significant difference between the claims and the arguments supporting those claims.
(b)There is no provision establishing precise deadlines for the presentation of evidence.
III Panel’s Right to Seek Information
(i) A Grant of Discretionary Authority
(ii) The Admissibility of Non-requested Information
(iii) Summary and Conclusions
IV Adverse Inferences from Party’s Refusal to Provide Information Requested
(i) The Authority of a Panel to Request Information from a Party to the Dispute
(ii) The Duty of a Member to Comply with the Request of a Panel to Provide Information
(iii) The Drawing of Adverse Inferences from the Refusal of a Party to Provide Information Requested by the Panel
V Concluding Remarks
Chapter VII Special Rules for Anti-dumping Disputes
Section One Recourse of Anti-dumping Disputes to the DSB
I Introduction
II Sufficiency of Panel Request under the AD Agreement
(i) Art. 6.2 of the DSU and Article 17.4 of the AD Agreement
(ii) Art. 6.2 of the DSU and Article 17.5(i) of the AD Agreement
(iii) A Summary Guiding
III General Legal Basis for Claims against Legislation as Such
IV Special Rules for Claims against Anti-dumping Legislation as Such
(i) Introduction
(ii)General Legal Basis under Art. 17 of the AD Agreement
(iii) Understanding of Art. 17.4 of the AD Agreement
(iv) Extensive Basis in Context
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