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Chapter IIIInitiation of Panel Procedures
Section One Role of Consultations: Art. 4
I The Importance of Consultations
IIIssues Concerning the “adequacy” of Consultations
Section Two Establishment of Panels: Art. 6.2
IIntroduction
II Indication of Consultations Process
IIIIdentification of “the specific measures at issue”
IVProvision of “a brief summary of the legal basis of the complaint”
V Concluding Remarks
Section ThreeTerms of Reference of Panels: Art. 7
IIntroduction
II Effect of Consultations on Terms of Reference of Panels
IIIThe “matter referred to the DSB”
Section FourThe Mandate of Compliance Panels: Art. 21.5
IIntroduction
II Clarification of “measures taken to comply”
IIIPerspective of Review under Art.21.5
IVExamination of the New Measure in Its Totality and in Its Application
Section FiveThird Party Rights : Art. 10
IIntroduction
II Generic Third Party Rights: Interpretation of Art. 10.3
IIIExtended Third Party Rights: Exercise of Panels’ Discretion
IVSummary and Conclusions
Chapter IVFunction of Panels: Art. 11 of the DSU
IIntroduction
IIApplication of Art. 11 as a General Standard of Review
IIIReview in “neither de novo nor total defence”
IVAllegation against Panels’ Standard of Review
VExercise of Judicial Economy
Chapter VGuidelines for Interpretation of the WTO Covered Agreements
I Introduction
IIApplication of Arts. 31, 32 of the Vienna Convention
IIIWTO Rules on Conflicts: Effective Interpretation
IVThe Status of Legitimate Expectations in Interpretation
Chapter VI General Rules of Evidence under the WTO Jurisprudence
IBurden of Proof under the WTO Jurisprudence
(i)General Rules Well Established in Violation Complaints
(ii)Burden of Proof in case of Invoking an Exception
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