Book contents
- Frontmatter
- Contents (outline)
- Contents (detail)
- Foreword to the 1995–2010 edition
- Part I Appellate Body Reports
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- L
- M
- N
- O
- P
- R
- S
- T
- V
- W
- Part II Arbitration Awards under Article 21.3(c) of the DSU
- Annex A Terms of Office of Current and Former Appellate Body Members and Chairpersons – 31 December 2009
- Annex B Biographies of Current and Former Appellate Body Members
- Annex C Information on Appellate Body Reports – 1996 to January 2010
- Annex D Arbitration Awards under Article 21.3(c) of the DSU – 1996 to 2009
- Annex E Articles of Covered Agreements Addressed in Appellate Body Reports
- Annex F Working Procedures for Appellate Review WT/AB/WP/61
- Abbreviations used in the Table of References to the Covered Agreements and other Instruments and in the Indexes
- Table of References to the Covered Agreements and other Instruments by Article
- Index
- Subject Index by Case (Appellate Body reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
P
from Part I - Appellate Body Reports
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents (outline)
- Contents (detail)
- Foreword to the 1995–2010 edition
- Part I Appellate Body Reports
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- L
- M
- N
- O
- P
- R
- S
- T
- V
- W
- Part II Arbitration Awards under Article 21.3(c) of the DSU
- Annex A Terms of Office of Current and Former Appellate Body Members and Chairpersons – 31 December 2009
- Annex B Biographies of Current and Former Appellate Body Members
- Annex C Information on Appellate Body Reports – 1996 to January 2010
- Annex D Arbitration Awards under Article 21.3(c) of the DSU – 1996 to 2009
- Annex E Articles of Covered Agreements Addressed in Appellate Body Reports
- Annex F Working Procedures for Appellate Review WT/AB/WP/61
- Abbreviations used in the Table of References to the Covered Agreements and other Instruments and in the Indexes
- Table of References to the Covered Agreements and other Instruments by Article
- Index
- Subject Index by Case (Appellate Body reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
Summary
Basic rationale behind findings and conclusions
See also Claims and Arguments (C.1); Claims and Panel Reasoning (C.2); Standard of Review (S.7)
(WT/DS75/AB/R, WT/DS84/AB/R)
Korea claims that the Panel has failed to fulfil its obligation under Article 12.7 of the DSU to set out the basic rationale behind its findings and recommendations.…
…
In this case, we do not consider it either necessary, or desirable, to attempt to define the scope of the obligation provided for in Article 12.7 of the DSU. It suffices to state that the Panel has set out a detailed and thorough rationale for its findings and recommendations in this case. The Panel went to some length to take account of competing considerations and to explain why, nonetheless, it made the findings and recommendations it did.…
- Type
- Chapter
- Information
- WTO Appellate Body Repertory of Reports and Awards1995–2010, pp. 564 - 590Publisher: Cambridge University PressPrint publication year: 2011