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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

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

Markus Wagner

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Judicial independence/impartiality — International trade — Good faith — Deference — Due process — Burden of proof

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 panel stage is the first and potentially final step of the formal World Trade Organization (WTO) dispute settlement (World Trade Organization, Dispute Settlement). That said, the Understanding on Rules and Procedures Governing the Settlement of Disputes of 1994 (‘DSU’) exhibits a clear preference for political rather than juridical dispute settlement (see Arts 3.4, 3.7, and 21.1 DSU). The DSU mandates a formal consultation process prior to the initiation of legal proceedings before a panel. The idea underlying this arrangement is that it is considered to be...
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