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Rules of Evidence as Applied under the WTO Jurisdiction

10 See, WT/DS26/AB/R; WT/DS48/AB/R/104.
11 See, WT/DS44/R/10.32.
12 See, WT/DS34/R/9.57.
13 See, e.g., WT/DS22/R/287 or WT/DS75/R; WT/DS84/R/10.19.
14 See, WT/DS126/R/9.32-9.33.
15 See, WT/DS75/R; WT/DS84/R/10.23.
16 See, See, WT/DS132/R/7.41.
17 See, WT/DS141/R/6.33.
18 See, WT/DS141/R/6.34.
19 See, Kazazi, Mojtaba, Burden of Proof and Related Issues - A Study of Evidence Before International Tribunals, Malanczuk, Peter, ed., Kluwer Law International, The Hague, pp. 180, 184.
20 See, WT/DS75/R;WT/DS84/R/10.23.
21 See, WT/DS141/R, note 22.
22 See, WT/DS202/R/7.14.
23 See, WT/DS26/AB/R; WT/DS48/AB/R/117.
24 See, WT/DS177/AB/R; WT/DS178/AB/R/112-115.
25 See, WT/DS56/AB/R/79.
26 See, WT/DS27/AB/R/142.
27 See, WT/DS27/AB/R/141.
28 See, WT/DS122/R/7.43.
29 See, WT/DS26/ARB/156.
30 See, WT/DS18/AB/R/272.
31 See, WT/DS56/AB/R/79.
32 See, WT/DS70/R/9.71-9.74; 9.77.
33 See, WT/DS56/AB/R/80.
34 See, WT/DS56/R/6.55.
35 Article 13 of the DSU reads under the heading of “Right to Seek Information”:
“1. Each panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. However, before a panel seeks such information or advice from any individual or body within the jurisdiction of a Member it shall inform the authorities of that Member. A Member should respond promptly and fully to any request by a panel for such information as the panel considers necessary and appropriate. Confidential information which is provided shall not be revealed without formal authorization from the individual, body, or authorities of the Member providing the information.
2. Panels may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to a factual issue concerning a scientific or other technical matter raised by a party to a dispute, a panel may request an advisory report in writing from an expert review group. Rules for the establishment of such a group and its procedures are set forth in Appendix 4.”
36 See, WT/DS76/AB/R/84.
37 See, WT/DS70/R/9.89.
38 See, WT/DS70/AB/R/192.
39 See, WT/DS58/AB/R/104-108.
40 See, WT/DS70/R/9.50.
41 See, WT/DS70/R/9.53.
42 See, WT/DS70/R/9.94.
43 See, WT/DS70/AB/R/182.
44 See, WT/DS70/AB/R/184-185.
45 See, WT/DS70/AB/R/187-192.
46 See, WT/DS70/AB/R/198-206.
47 See, WT/DS166/AB/R/170-176.
48 See, WT/DS122/R/7.50.
49 See, WT/DS58/AB/R/101.

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※ The Author: Chengwei, Liu; (International Law)Master of Law School of Renmin University of China, Beijing.
Address: P.O. Box 9-01 No. 1 (Master)of Renmin University of China; 100872.


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