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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Remand: Dispute Settlement System of the World Trade Organization (WTO)

Jaemin Lee

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Subject(s):
Appeals — International courts and tribunals, decisions — International courts and tribunals, powers — Appeals Chamber

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The creation and establishment of an appellate court would constitute an important innovation to spread the rule of law in the international community. The introduction of an appellate mechanism in international adjudicatory proceedings, however, entails a variety of legal and practical questions. Among them is how to address a situation where an appellate court overturns the decision of a court of first instance but is unable to complete the required analysis on its own. Ideally, the upper court should be able to send the case back to the lower court to...
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