법률문제에 대한 WTO상소의 한계

The Limitation of WTO Appeals to Issues of Law DSB such as panel and Appellate Body need to establish the subjects of review in reviewing the challenged measures of WTO members. I then consider the various ways in which the Appellate Body deals with factual findigs by Panels. Article 17.6 of the DSU establishes a general rule that leaves to Panel the role of finding facts and applying WTO law to those facts, while the Appellate Body reviews only legal is fraught with difficulty. For example, the existence of an international standard, or the assessment of scientific and technical evidence, are generally characterized as factual, but this may depend on the circumstances of the case and the evidence available. The significance and operation of a challenged law or regulation, and its on the marketplace, may also involve legal issues as well. Even assuming that law can be cleanly separated from fact in every instance, the Appellate Body frequently has to confront factual issues, notwithstanding Article 17.6. Due to the fact-intensive nature of most WTO disputes, the Appellate Body routinely relies on intricate factual findings of Panels in assessing the consistency of challenged measures with WTO laws. Finally, the limits of Panels' discretion in making factual findings are reached where the Panel itself commits a legal error, such as a failure to comply with Article 11 of the DSU. Therefore, the Appellate Body should deal with facts in this case.