Domestic Law

Abstract

AbstractThis chapter deals with the issue of standard of review relating to domestic law. The crucial question is to what extent and with what intensity a panel should review the interpretation of domestic law and, if not convinced, come up with its own interpretative conclusion. Section I examines the panels' and the Appellate Body's jurisdiction to decide on the correct interpretation and application of domestic law. Section II turns to the case law concerning standards of review. For methodological purposes, the practice is reviewed case-by-case before the common traits are filtered out. Section III summarizes the practice and critically assesses it in the light of general standard-of-review principles.