The WTO Agreement on Safeguards: A Commentary
Alan O Sykes
Published:
2006
Online ISBN:
9780191773372
Print ISBN:
9780199277407
Contents
- < Previous chapter
- Next chapter >
The WTO Agreement on Safeguards: A Commentary
Alan O Sykes
Chapter
Get access
Alan O Sykes
Pages
73–84
-
Published:
September 2006
- Annotate
Cite Icon Cite
Cite
Sykes, Alan O, 'Preliminary Issues in WTO Safeguards Disputes: Burden of Proof, Standard of Review, and the “Record”', The WTO Agreement on Safeguards: A Commentary, Oxford Commentaries on GATT/WTO Agreements (2006; online edn, Oxford Academic), https://doi.org/10.1093/law/9780199277407.003.0003, accessed 17 Aug. 2024.
Close
Search
Close
Search
Advanced Search
Search Menu
Extract
Like all legal systems, the WTO dispute resolution system must confront a number of procedural issues, as well as quasi-procedural questions such as what standard of review to apply in deciding whether the decisions of national authorities comply with WTO law. A complete discussion of these issues is beyond the scope of this book, but it is useful to address a few important principles that routinely have an impact on WTO safeguards disputes.
The Burden of Proof
Legal systems commonly place the “burden of proof” on the party that puts forward a claim. The burden of proof is conceptually important in close cases—if the adjudicator finds the evidence on both sides in equipoise, the party with the burden of proof will lose. Further, the burden of proof is frequently coupled with a burden to come forward with evidence, sometimes known as a burden of production. Unless the party putting forward a claim also produces evidence to support it, the responding party may say nothing and still prevail.
Keywords: World Trade Organization, Safeguards, Tariffs, National treatment, Subsidies, Specific trade agreements, Fact-finding and inquiry, Burden of proof, Anti-dumping, Standard of review
Subject
International Economic Law Arbitration Law of Treaties Settlement of Disputes International Trade Economic Development
Series
Oxford Commentaries on GATT/WTO Agreements
Collection: Oxford Scholarly Authorities on International Law
You do not currently have access to this chapter.
Sign in
Get help with access
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Sign in Register
Institutional access
- Sign in with a library card
- Sign in with username/password
- Recommend to your librarian
Sign in through your institution
Sign in through your institution
Institutional account management
Sign in as administrator
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
- Click Sign in through your institution.
- Select your institution from the list provided, which will take you to your institution's website to sign in.
- When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
- Following successful sign in, you will be returned to Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
- Click Sign in through society site.
- When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.
- Following successful sign in, you will be returned to Oxford Academic.
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
- View your signed in personal account and access account management features.
- View the institutional accounts that are providing access.
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing information
Metrics
Metrics
Total Views 0
0 Pageviews
0 PDF Downloads
Since 8/17/2024
Citations
Powered by Dimensions
Altmetrics
More from Oxford Academic
Arbitration
Economic Development
Economic Development and Growth
Economics
International Economic Law
International Economics
International Law
International Trade
Law
Law of Treaties
Public International Law
Settlement of Disputes
Social Sciences
Books
Journals