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This 3 page paper reviews the criteria such as new evidence, new argument, weighing of evidence, and issue of fact are explained in regard to when a case is eligible for review by the panel in the appeals process. Bibliography lists 1 source.
Page Count:
3 pages (~225 words per page)
File: AM2_PP685782.doc
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listed below. Citation styles constantly change, and these examples may not contain the most recent updates. The Appeal Process and
the World Trade Organization Research Compiled by 2/2011 Please
What can be appealed? How does one distinguish between issues of law and issues of fact? Can factual findings ever
be the subject of appeal? Only certain things can be appealed. Article 17.6 of the DSU specifies, in
fact, that appeals can proceed only in the event an issue of law (as is specified in the panel report and interpreted by the panel) is under consideration (Van den
Bossche, 2008). This specification thus excludes findings of fact from being appealed (Van den Bossche, 2008). An example of a finding of fact was provided in EC-Hormones.
If there were a question, for example, about whether an event occurred then that would be a question of fact (Van den Bossche, 2008). If there were a question
of when an event occurred if it did in fact occur then that would be a question of fact as well (Van den Bossche, 2008).
Can the weighing of evidence by a panel be reviewed by the Appellate Body?
In EC-Hormones the question at hand, of course, was whether or not the Codex Alimentarius Commission had adopted international standings (Van den Bossche, 2008). This was thus
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