Standard of Review in WTO Law

Interpretation of the ECHR in light of the Vienna Convention on the Law of Treaties

“…47 For example, the WTO Appellate Body allows States a certain discretion when establishing measures that may have effects on trade. 48 Standards of review have been referred to in investment arbitration 49 and by the International Tribunal for the Law of the Sea (ITLOS). 50 The ICJ allowed some discretion to national decision-making in the Whaling case (2014).…”

EU Courts, Global Risks, and the Health and Environmental Safety Revisited: On Nuances of a Less Deferential Standard of Review

“…It is understood as 'the role of court or tribunal in reviewing decisions taken by another authority', especially by other branches of government (legislative and executive) and a way of 'describing the degree of deference or discretion that the court accords to legislators and regulators'. 29 The challenge here results mainly from a necessity to decide on the enormous intricacy of determinations. That is the factual density of regulatory situations is usually combined with the application of complex normative conditions relating to the competing interest and values (e.g.…”

STANDARD OF REVIEW UNDER THE SPS AGREEMENT AFTER EC- HORMONES II

“…44 Although the AB explicitly rejected the de novo review as a proper standard to be applied by WTO panels, I concur with several other commentators who note that it is this standard of review which panels are close to applying under the SPS Agreement. 45 Granted, the line between 'objective assessment' and a de novo review is a fine one. 'Objective assessment' allows the panel to determine the existence, quality and sufficiency of scientific evidence supporting the SPS measure in question.…”