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Decisions of the Appellate Body of the World Trade Organization

Shirts and Blouses: United States - Measure Affecting Imports of Woven Wool Shirts and Blouses Introduction

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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.

Introduction

Like 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.


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Top Of Page** LLM candidate, Harvard Law School.

Top Of Page1 WT/DS33/AB/R, adopted 23 May 1997

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