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Part III Settlement of Disputes, Ch.14 Standard of Review in WTO Law

Jan Bohanes, Nicolas Lockhart

From: The Oxford Handbook of International Trade Law

Edited By: Daniel Bethlehem, Donald McRae, Rodney Neufeld, Isabelle Van Damme

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 May 2021

Fact-finding and inquiry — Standard of review — Vienna Convention on the Law of Treaties — Anti-dumping
Typically, the standard of review relates to the nature and intensity of review by a court or tribunal of decisions taken by another governmental authority or, sometimes, by a lower court or tribunal. In the law of the WTO, the standard of review reflects the extent to which WTO adjudicating bodies can declare measures taken by WTO Members to be WTO-inconsistent. The standard of review is therefore a touchstone of the WTO dispute settlement system, reflecting the balance of power between the ‘judicial branch’ of the WTO and decision-making responsibilities of the...
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