![]()
|
Decisions of the Appellate Body of the World Trade OrganizationShirts and Blouses: United States - Measure Affecting Imports of Woven Wool Shirts and Blouses IntroductionComplete Text of this Survey (RTF Format) Full text of the WTO Appellate Body Report (PDF Format) * Pei-San Tan** WTO Appellate Body Report: Shirts and Blouses: United States - Measure Affecting Imports of Woven Wool Shirts and Blouses, AB-1997-1, WT/DS33/AB/R, Adopted by Dispute Settlement Body, 23 May 1997, India, Appellant; United States, Appellee; Devision: Beeby, Bacchus and Matsushita. IntroductionLike their counterparts in other litigation contexts, legal counsel in
disputes under the General Agreement on Tariffs and Trade ("GATT") attach great
significance to the issue of burden of proof. This is evident from their
arguments before World Trade Organisation ("WTO") Panels and the Appellate Body
that can usually be found summarised in the text of the decisions handed down.
In United States - Measure Affecting Imports of Woven Wool Shirts and
Blouses From India1 ("Shirts and
Blouses"), the Appellate Body of the WTO has given its first substantial
consideration to the issue of burden of proof under the General Agreement on
Tariffs and Trade ("GATT") dispute resolution regime. The case also addressed
two other issues that will be briefly dealt with in this note. The note will
then focus on the burden of proof issue and the extent to which the Appellate
Body's decision provides guidance to future litigants in this area.
|
|
|
© 1990-2004 European Journal of International Law | ||