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Turkey – Measures Affecting the Importation of Rice (DS334): Prepared for the ALI Project on the Case Law of the WTO

  • NIALL MEAGHER (a1)
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1 Panel Report, Turkey – Measures Affecting the Importation of Rice, WT/DS334/R, adopted 22 October 2007) (hereinafter ‘Panel Report’ or ‘Turkey–Rice’).

2 Panel Report, paras. 5.9–5.11.

3 Panel Report, para. 5.12. Article 13.1 of the DSU authorizes panels to seek information and technical advice from any individual or body which it deems appropriate.

5 Panel Report, para. 7.59.

7 Appellate Body Report, India–Quantitative Restrictions, para. 142.

8 See, e.g., Black's Law Dictionary, 5th edn (West Publishing, 1979), p. 1071 (‘At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure’).

9 For a detailed discussion of the issues relating to prima facie proof in both municipal systems and in WTO dispute settlement, see Yasuhei Taniguchi, ‘Understanding the Concept of Prima Facie Proof in WTO Dispute Settlement’, in Merit E. Janow, Victoria Donaldson, and Alan Yanovich (eds.), The WTO: Governance, Dispute Settlement and Developing Countries (New York, Juris Publishing, 2008), p. 553. A more conceptual discussion of the topic can be found in the same volume: see David Unterhalter, ‘The Burden of Proof in Dispute Settlement’, ibid., p. 543.

10 See, e.g., Taniguchi, ‘Understanding the Concept of Prima Facie Proof ’, pp. 556–564.

11 DSU Article 11.

12 Panel Report, Argentina–Textiles and Apparel, para. 6.40, quoted in Panel Report, para. 7.7.

13 Appellate Body Report, EC–Hormones, para. 104. See also, Appellate Body Report, Canada–Aircraft, para. 192.

14 Appellate Body Report, US–Wool Shirts and Blouses, p. 14.

15 Panel Report, Mexico–Pipes and Tubes, para. 7.362.

16 Ibid., para. 7.357.

17 See, e.g., Appellate Body Report, Thailand–H-Beams, para. 134.

18 Appellate Body Report, EC–Hormones, para. 104. See also, Appellate Body Report, Canada–Aircraft, para. 192.

19 Panel Report, US–Shrimp (Ecuador), para. 7.11.

20 In US–Shrimp (Ecuador), the parties agreed to accelerated procedures.

21 See Taniguchi, ‘Understanding the Concept of Prima Facie Proof ’, p. 557.

23 See DSU Article 12.8.

24 See Panel Report, Turkey–Rice, para. 7.10.

The views expressed in this comment, as well as any errors, are those of the author alone. I would like to thank Henrik Horn, Petros Mavroidis and the American Law Institute (ALI) for inviting me to participate in this project and to provide this comment.

Turkey – Measures Affecting the Importation of Rice (DS334): Prepared for the ALI Project on the Case Law of the WTO

  • NIALL MEAGHER (a1)

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