“PRIMA FACIE” CASE IN WTO DISPUTE SETTLEMENT

Prima facie case is provided in Article 3.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and observed in lots of cases by different panels and the Appellate Body. There are some contradictions between the definition of prima facie case afforded by the Appellate Body and application thereof in practice. The other issues relating to prima facie case discussed in WTO dispute settlement include the burden of establishment of a prima facie case, to judge whether and when a prima facie case has been made, standard of proof of a prima facie case, and a preliminary finding of a prima facie case. There are some agreements in some aspects vis-a-vis prima facie case on the one hand; however, it is ambiguous in other facets, to some extent, on the other hand, The article reviews the practices of panels and the Appellate Body, illustrates the different roles which the parties and panels play, highlights the development of prima facie case in jurisprudence of the WTO, and displays implications to understand the legal effect of reports of panels and the Appellate Body and for the evolution of the WTO law.