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Study Of The Expert Group On The Wto Dispute Settlement Mechanism

Posted on:2006-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y GuFull Text:PDF
GTID:2206360152989338Subject:Economic Law
Abstract/Summary:PDF Full Text Request
During the ten years' application of WTO, the Dispute Settlement System plays a very important role in the field of international trade dispute settlements. As the key process of the whole system, panel jurisdiction wins more and more respect. Since the panel process is not perfect, it reveals some problems and weaknesses. This article focuses on several questions. First, try to analyze the establishment of panel, the possibility of the Standing panel body, and the establishment of a new list of expert. Second, discuss the quasi-judicial character of the panel proceeding; throw light on the future development. Third, Due to the enhancement of transparency, Third party participation should be guaranteed more rights during the proceeding. Fourth, talks about the regulation of proof acceptance, such as the Burden of Proof, Amicus curiae brief theory, information inquiry of professional expert, and the protection of Business Confidential Information. This article uses some analytical methods of the comparative jurisprudence and legal economics and a large number of typical cases aiming at explaining all the questions vividly and thoroughly.
Keywords/Search Tags:panel proceeding, Burden of proof, Amicus curiae brief, Business Confidential Information
PDF Full Text Request
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