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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

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

Reto Malacrida, Neeraj Rajan Sabitha

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Margin of appreciation — Specific trade agreements — Deference — Evidence — Standard of review

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 views expressed are those of the authors and are not intended to represent those of the WTO, its Members, or its Secretariat. 2 In the World Trade Organization (WTO), the legal concept of standard of review refers to the nature and extent of scrutiny that a WTO adjudicating body should give, inter alia, to legal interpretations as well as other legal and factual determinations by a responding Member’s administrative or legislative authorities or those of another WTO adjudicating body. The theoretically possible spectrum of scrutiny ranges from minimum...
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