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Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, European Communities v Korea, Republic of, Appellate Body report, WT/DS98/AB/R, Report No AB-1999-8, Doc No 99-5420, ITL 064 (WTO 1999), DSR 2000:I, 3, 14th December 1999, World Trade Organization [WTO]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 July 2024

How the principle of effectiveness affected the interpretation of the World Trade Organization (‘WTO’) agreements made by WTO panels and the Appellate Body.

Whether the Panel erred in implicitly finding that the simple listing of articles of an agreement asserted to have been violated always met the requirements of Article 6(2) of the Understanding on Rules and Procedures Governing the Settlement of Disputes, although the latter required a complainant to provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.

Whether the Panel erred in its application of the burden of proof in respect of its findings under Article 4 of the Agreement on Safeguards, by stating that the burden of proof rested with the complainant and did not shift during the panel process.

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