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

See all articles by David A. Collins

David A. Collins

The City Law School, City, University of London

Date Written: 2006

Abstract

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

Collins, David A., Institutionalized Fact Finding at the WTO (2006). University of Pennsylvania Journal of International Economic Law, Vol. 27, p. 367-387, Spring 2006, Available at SSRN: https://ssrn.com/abstract=1556667

David A. Collins (Contact Author)

The City Law School, City, University of London ( email )

Northampton Square
London, EC1V OHB
United Kingdom

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