TITLE

Is It Possible to Provide Evidence of Insufficient Evidence? The Precautionary Principle at the WTO

AUTHOR(S)
Vecchione, Elisa
PUB. DATE
August 2012
SOURCE
Chicago Journal of International Law;Summer2012, Vol. 13 Issue 1, p153
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This Article aims to demonstrate that the WTO jurisprudence on sdence-related trade disputes has become imbued with a spedfic vision of sdence that has prevented any possible application of the precautionary prindple. This situation is due both to the WTO's spedfic dispute settlement procedures and to the substantive nature of precautionary measures. Indeed, such measures' foundation on "insuffident sdentific evidence" dramatically undermines the probative value of sdence in WTO adjudication and creates a seeming contradiction: The system requires defendants to provide legal evidence of the absence of sufficient sdentific evidence. The reasoning of the Panel on the EC--Biotech case was riddled with this apparent paradox. For the first time, the US--Continued Suspension case has opened a gateway to address this fundamental issue.
ACCESSION #
98251394

 

Related Articles

  • Dispute settlement.  // World Trade Organization Annual Report;2014, p80 

    An introduction to a series of articles on the dispute settlements conducted by the World Trade Organization (WTO) in 2013 is presented including the disputes on seal products banning and green energy production, consultation requests received by WTO and new panels of its Dispute Settlement Body.

  • LIBRARY & info CENTER.  // Dispute Resolution Journal;Feb-Apr2004, Vol. 59 Issue 1, p92 

    This section lists several books and articles which focused on issues related to dispute resolution, including commercial dispute resolution and international political dispute resolution.

  • SHACKLED BY LIABILITY TO THIRD PARTIES. Elovitz, Kenneth M. // Consulting-Specifying Engineer;Sep2007, Vol. 42 Issue 3, p38 

    The article focuses on the product liability law Restatement of Torts which relates to the growing conflicts between engineers and third parties in the business sector in the U.S. The law states that one who supplies false information for the guidance of others in their business transactions is...

  • The WTO Looks at How It Settles Disputes. Stokes, Bruce // National Journal;6/22/2002, Vol. 34 Issue 25, pN.PAG 

    Deals with the review to be conducted by the World Trade Organization (WTO) on how it settles trade disputes among its member countries. Impact of the review on the public trust on the WTO; Win-loss record of U.S. cases filed with the WTO; Proposals to improve the dispute-settlement process of...

  • WTO DISPUTE SETTLEMENT SYSTEM: THE MOVE FROM PRAGMATISM TO LEGALISM. Larobina, Michael D. // Journal of Legal Studies in Business;Summer2001, Vol. 8 Issue 1, p77 

    Discusses the dispute settlement system under the World Trade Organization (WTO). Background on the administrative support given by the WTO to the General Agreement on Tariffs and Trade (GATT); Information on the administrative arm of the dispute settlement system; Political and legal methods...

  • A Clearer Rule for Dictionary Use Will Not Affect Holistic Approach and Flexibility of Treaty Interpretation—A Rejoinder to Dr Isabelle Van Damme. Lo, Chang-Fa // Journal of International Dispute Settlement;Mar2012, Vol. 3 Issue 1, p89 

    Dr Isabelle Van Damme wrote a note to reply to my previous paper ‘Good Faith Use of Dictionary in the Search of Ordinary Meaning under the WTO Dispute Settlement Understanding’. I raise some fundamental issues in response to the replies by Dr Isabelle Van Damme. First, there is...

  • The Sutherland Report. DENTERS, ERIK // Leiden Journal of International Law;2005, Vol. 18 Issue 4, p887 

    In early 2005 a Consultative Board presented a report (the Sutherland Report) on the functioning of the WTO and means to improve its efficiency. The author summarizes the Board's key findings and reflects on its main recommendations. The Board discusses sovereignty and globalization in the...

  • An ‘Amicus Curiae Brief’ on Amicus Curiae Briefs at the WTO. Umbricht, Georg C. // Journal of International Economic Law;Dec2001, Vol. 4 Issue 4, p773 

    This article first analyses the nature of the institution of amicus curiae. Next, the article outlines different options for tackling the amicus question by the WTO dispute settlement bodies and highlights the complexities thereby entailed, drawing a distinction between policy arguments and...

  • The Legal Basis for Using Principles in WTO Disputes. Mitchell, Andrew D. // Journal of International Economic Law;Dec2007, Vol. 10 Issue 4, p795 

    This article argues that the use of principles in WTO dispute resolution is both necessary and desirable. However, Panels and the Appellate Body (WTO Tribunals) have often ignored principles or not clearly identified the legal basis for their use. This article establishes a framework for the use...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics