Prima Facie Case in WTO Dispute Settlement

This text discusses the concept of “prima facie case” in WTO dispute settlement. A prima facie case is a case in which the complaining party has presented sufficient evidence and argument to support its claim that a WTO member has violated the WTO agreements. If the complaining party establishes a prima facie case, the burden of proof then shifts to the responding party to rebut the claim.

Questions

• What is a prima facie case in WTO dispute settlement?
• What are the requirements for establishing a prima facie case?
• What happens if the responding party fails to rebut the prima facie case?

Answers

• A prima facie case is a case in which the complaining party has presented sufficient evidence and argument to support its claim that a WTO member has violated the WTO agreements.
• The requirements for establishing a prima facie case vary depending on the specific claim being made. However, in general, the complaining party must show that the challenged measure is inconsistent with a WTO agreement, that the measure is applied to imported products, and that the measure has a discriminatory effect on imported products.
• If the responding party fails to rebut the prima facie case, the panel or Appellate Body will find that the WTO member has violated the WTO agreements.