- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
This article examines the different standards of review that apply in World Trade Organization (WTO) dispute settlement system. It describes the concept of standard of review in general terms and sets out the general principles of standard of review as it operates in WTO law. It then discusses the different standards of review that apply to the different tasks performed by panels in WTO disputes, most critically legal interpretation and factual determinations. For factual determinations, this article identifies three different standards of review that apply to three different categories of WTO dispute/agreement — trade remedy agreements, the TBT Agreement and the SPS Agreement, and the classical disputes under GATT 1994. It concludes with a discussion of the standard of review that WTO panels apply to domestic law. Finally, it discusses the standard of review that applies between the WTO adjudicating bodies, namely, the standard of review that the Appellate Body applies when reviewing panel decisions.
Jan Bohanes, Associate Sidley Austin LLP (Geneva), formerly Legal Counsellor Appellate Body Secretariat (2002–2006). Mr Bohanes' practice focuses on WTO law, in particular WTO dispute settlement.
Nicolas Lockhart is Partner, Sidley Austin LLP (Geneva), formerly Legal Counsellor Appellate Body Secretariat (1998–2003) and legal advisor to Judge David Edward at the European Court of Justice from 1995–1998. Mr Lockhart's practice focuses on WTO law, in particular WTO dispute settlement and negotiations, and he appears frequently before panels and the Appellate Body.
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