Book contents
- Frontmatter
- Contents
- Notes on contributors
- Preface
- Table of cases
- Abbreviations
- PART I Introduction and General Considerations
- PART II The WTO Dispute Settlement System: Its Processes and Its Institutions
- PART III The WTO Dispute Settlement System: Systemic and Other Issues
- 12 The role of lawyers in the WTO dispute settlement system
- 13 Jurisdiction in WTO dispute settlement
- 14 Due process in WTO disputes
- 15 Standards of review in WTO panel proceedings
- 16 Administration of evidence in WTO dispute settlement proceedings
- 17 Confidentiality issues under the DSU: fact-finding process versus confidentiality
- 18 Panels' consultations with scientific experts
- 19 Amicus curiae participation in WTO dispute settlement: reflections on the past decade
- 20 Suspension of concessions and retaliation under the Agreement on Safeguards: the recent US – Steel Safeguards case
- 21 Compliance with WTO dispute settlement decisions: is there a crisis?
- 22 DSU review: a view from the inside
- PART IV Annexes
14 - Due process in WTO disputes
from PART III - The WTO Dispute Settlement System: Systemic and Other Issues
Published online by Cambridge University Press: 04 August 2010
- Frontmatter
- Contents
- Notes on contributors
- Preface
- Table of cases
- Abbreviations
- PART I Introduction and General Considerations
- PART II The WTO Dispute Settlement System: Its Processes and Its Institutions
- PART III The WTO Dispute Settlement System: Systemic and Other Issues
- 12 The role of lawyers in the WTO dispute settlement system
- 13 Jurisdiction in WTO dispute settlement
- 14 Due process in WTO disputes
- 15 Standards of review in WTO panel proceedings
- 16 Administration of evidence in WTO dispute settlement proceedings
- 17 Confidentiality issues under the DSU: fact-finding process versus confidentiality
- 18 Panels' consultations with scientific experts
- 19 Amicus curiae participation in WTO dispute settlement: reflections on the past decade
- 20 Suspension of concessions and retaliation under the Agreement on Safeguards: the recent US – Steel Safeguards case
- 21 Compliance with WTO dispute settlement decisions: is there a crisis?
- 22 DSU review: a view from the inside
- PART IV Annexes
Summary
Introduction
The principle of ‘due process’ (also called ‘fundamental fairness’, ‘procedural fairness’ or ‘natural justice’) broadly requires administrative and judicial proceedings to be fair. Administrative and judicial systems attempt to achieve due process by exercising their discretion in a fair manner and by developing procedural or evidentiary rules explaining how rights, duties, powers and liabilities are administered. As will be seen in this chapter, the principle of due process is difficult to define precisely, because the demands of fairness depend on the circumstances. For example, it may be necessary to balance an individual's interest in additional procedures with the value and cost of such procedures. Thus, in particular circumstances, due process might require a full trial, whereas in other circumstances, basic notice and the right to speak might be sufficient. Considerations of due process might also conflict. For instance, parties' rights to be heard and give evidence might weigh in favour of the last minute introduction of evidence. On the other hand, the need for equality between the parties and their right to have sufficient time to respond and challenge evidence might weigh against its introduction. Discretion is required to resolve such conflicts.
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- Chapter
- Information
- Key Issues in WTO Dispute SettlementThe First Ten Years, pp. 144 - 160Publisher: Cambridge University PressPrint publication year: 2005