The Development of Standards of Appellate Review for Factual, Legal and Law Application Questions in WTO Dispute Settlement

Abstract

​This paper discusses the development of standards of appellate review for factual, legal and law application questions in appeals before the WTO's Appellate Body. After explaining the distinctions between these kinds of issues, it traces the history of each in WTO dispute settlement. It also provides comparisons with certain national and regional legal systems. It concludes with some criticisms of Appellate Body jurisprudence, and calls on WTO Members to consider how the current approach is working.