Publication

This publication discusses possibilities for improving the World Trade Organization (WTO) dispute settlement system through the modification of burden of proof shifting to include a preponderance of the evidence analysis rather than consideration of the prima facie standard. After outlining the development of dispute settlement and standards of review within the WTO, the authors examine the standards of evidence used. They use illustrative cases to support their argument over the confusion generated by the prima facie standard. The authors then outline the proposal for replacing this standard with a preponderance of the evidence standard.