WTO Dispute Settlement Mechanism(2)/刘成伟(33)
【NOTE】:
1. See, in detail, Basic Instruments and Selected Documents (“BISD”), 11S/99-100.
2. See, in detail, BISD 31S/113.
3. See, in detail, BISD 34S/156-158.
4. See, WT/DS62/R; WT/DS67/R; WT/DS68/R/8.70.
5. See, WT/DS136/R/6.227.
6. See, in detail, WT/DS27/AB/R/249-254.
7. See, in detail, WT/DS135/AB/R/185.
8. See, in detail, WT/DS44/R/10.35.
9. See, WT/DS163/R/7.93-7.99.
10. See, in detail, WT/DS44/R/10.36.
11. See, WT/DS44/R/10.37.
12. See, Frieder Roessler, ‘The Concept of Nullification and Impairment in the Legal System of the World Trade Organization’, International Trade Law and the GATT/WTO Dispute Settlement System (Petersmann Ed.), Kluwer Law International, London, 1997, p. 133.
13. Supra. Note 12, pp. 139-140.
Section Three
Establishment of Non-Violation Complaints
I Introduction
As it suggests of the corresponding provisions, the most significant difference between violation complaints and non-violation ones is, while the infringement of an obligation under the covered agreements is considered prima facie to constitute a case of nullification or impairment by establishing a formal presumption, such a presumption does not exist in non-violation cases. With the lack of such a presumption, the establishment of a non-violation complaint puts much more burden of proof on the side of the complainant.
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