Institutionalized Fact Finding at the WTO
University of Pennsylvania Journal of International Economic Law, Vol. 27, p. 367-387, Spring 2006
24 Pages Posted: 21 Feb 2010 Last revised: 22 Dec 2016
Date Written: 2006
This short article argues that the WTO should have a standing agency to conduct fact finding in order to correct evidentiary deficiencies in submissions by members to panels during dispute settlement. This will compensate for both the incapacity to produce full disclosure on the part of developing nations and the unwillingness to do so from other members due to strategic reasons or purposes of confidentiality. It is suggested that such an investigatory mandate could fit into the panels’ existing right to seek information or within the broad scope of powers granted tribunals in international law. Separation between fact finding and decision-making achieved by a specialized fact finding body would insure judicial impartiality and promote legitimacy.
Keywords: WTO, Dispute Settlement, Fact Finding, Evidence
Suggested Citation: Suggested Citation