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home > resources > publications > wto analytical index > page a |
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SUBJECT INDEX A |
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The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva. |
pacta sunt servanda/performance in good faith (VC 26) DSU 43 withdrawal of notice of appeal (WP 30) as DSU 891 access to dispute settlement process, limitation to WTO Members DSU 1041-2: see also amicus curiae briefs accession (China), Transitional Review Mechanism AG 115 accession (GATT XXXIII) Section XXIV accessions at December 2004 (WTO XII:1) WTO 191 accessions as at December 2004 (WTO XII:2) WTO 197 accessions (WTO XII:2), approval (Ministerial Conference) (WTO IV:1) WTO 41 Decision-Making Procedures Under Articles IX and XII of the WTO Agreement, Council decision (1995) WTO 163 least developed countries: see least-developed country Members, accession to membership observer status WTO 187 Plurilateral Trade Agreements (WTO XII:3) WTO 198-200 Secretariat Note on procedures (1995) WTO 192 working parties on terms of reference WTO 196 working parties under GATT 1947, accession WTO 188 Accountancy Sector, Disciplines on Domestic Regulation (1998) developing country Members (GATS IV:2) and GATS 40 GATS XVI and XVII obligations and GATS 51-2 transparency (GATS III) and GATS 35 Accountancy Sector, Guidelines for Mutual Recognition Agreements or Arrangements (GATS VII:4) GATS 55 Doha Declaration on WTO 38, 46 acquiescence: see also estoppel AD 5.5 violations and AD 277, 327 definition AD 277 activity function rules: see MFN treatment (GATT I:1), “advantage”, allocation of tariff quotas ad hoc procedural agreements, table DSU 642 amicus curiae briefs DSU 979, 1048, 1050 confidentiality of proceedings and DSU 485-90 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)), provision for (WP 11) DSU 820-34 ADP Committee: see Anti-Dumping Practices Committee existence of “benefit”, need for SCM 202 nullification or impairment of benefits (SCM 5(b)) SCM 200-1 presumption under DSU 3.8 distinguished SCM 200, DSU 99 specific subsidy causing (SCM 5(b)) DSU 101 systematic offset as SCM 203 as required element for actionable subsidy SCM 199 SCM 7.1 as context SCM 201 “use” of subsidy SCM 201, DSU 99 adverse inferences from party’s refusal to provide information, panel’s right to draw (DSU 13) DSU 365-6: see also nullification or impairment (DSU 3.8); “serious prejudice” (SCM 5(c)); serious prejudice (SCM 6) as general principle of international tribunal practice DSU 365 obligation to respond promptly to panel’s requests for information and (DSU 13.1), confidential information and DSU 365 Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3) “constituent data and methodology” (AG 1(a)(ii)) AG 3-5, 127 beef, absence AG 4 external reference price, relevant period AG 5 “taking into account” AG 4 “market price support” (Annex 3, para. 8), “eligible” AG 128 “provisions of Annex 3” / “constituent data and methodology” (AG 1(a)(ii)), priority AG 4 total AMS (AG 1(h)), calculation AG 3 n. 6, 11 Agreement on the Application of Sanitary and Phytosanitary Measures: see SPS Agreement; SPS Committee Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994: see Anti-Dumping Agreement (AD) Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade: see Customs Valuation Agreement Agreement on Preshipment Inspection: see PSI Agreement Agreement on Safeguards (SG), as integral part of WTO Agreement WTO 13 Agreement on Subsidies and Countervailing Measures: see SCM Agreement Agreement on Trade in Civil Aircraft: see Civil Aircraft, Agreement on Trade in (AIR) Agreement on Trade-Related Investment Measures (TRIMs): see TRIMs Agreement Agriculture Agreement (AG): see also Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3); Agriculture Committee; costs of marketing exports (AG 9.1(d)); domestic support (AG 3); export subsidy, prohibited (AG 3.3); market access (AG 4); special safeguards (AG 5) blue box (AG 6.5 and July package, Annex A, para. 16) consultation and dispute settlement (AG 19), table of disputes AG 123 export competition commitments (AG 8) July package (Annex A, paras. 17-19) waiver AG 54 GATT 1994 and (AG 21.1) market access concessions and commitments (AG 4.1) and GATT 110, AG 18, 126 “ordinary customs duties” (AG 4.2) and GATT 114 green box, Doha recommendation AG 93 Modalities Paper and, non-discrimination (GATT XIII) and GATT 450, AG 126 non-tariff measures and GATT 395 object and purpose (Preamble) on-going reform AG 126 Uruguay Round Ministerial Declaration AG 1 Mid-Term Review AG 2 reform process, obligation to continue (AG 20): see also agriculture (Doha Round) launch of new round of negotiations (2000) AG 125 Singapore Ministerial Conference decision AG 124 review of implementation of commitments (AG 18) annual consultations (AG 18.5) AG 119-20 counter notifications (AG 18.7) AG 122 notification requirements (AG 18.2) AG 116-17 developing country Members AG 118 opportunity to raise matter relevant to implementation commitments (AG 18.6) AG 121 SCM Agreement and: see also export subsidy, prohibited (SCM, Part II), “contingent upon export performance” (SCM 3.1(a)); subsidy, definition (SCM 1) specific action against dumping (AD 18.1): see specific action against dumping (AD 18.1) establishment WTO 72 Organization of Work and Working Procedures AG 114-15, 121 report on Decision on Measures concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing developing country Members AG 96-100: see also Least-Developed and Net Food-Importing Countries, Decision on Measures concerning the Possible Negative Effects of the Reform Programme, implementation (AG 16) implementation of AG 10.2 AG 82-5 administration of tariff quotas (AG 18.2) AG 118 role and activities China, Protocol of Accession, Transitional Review Mechanism AG 115 review of implementation activities (AG 18) AG 114-22 rules of procedure (1996) WTO 73, AG 112 Special Session (Doha Round): see agriculture (Doha Round), Special Session of Agriculture Committee terms of reference AG 111 Decision on Implementation-Related Issues and Concerns (para. 2) Agriculture Agreement (para. 2), approval of Agriculture Committee’s recommendations (para. 2.2) GATT 84 green box, food security and (para. 2.1) AG 93 July package (para. 1(a) and Annex A) negotiating mandate (AG 20) July package (Annex A), market access (paras. 27-44) special and differential treatment for developing country Members (para. 13) framework for establishing modalities (July package (Annex A)) Special Session of Agriculture Committee establishment WTO 127 responsibility for negotiations WTO 127 AIR: see Civil Aircraft, Agreement on Trade in (AIR) Air Transport Services (GATS, Annex), review (Annex, para 5) GATS 151 Circulation and Derestriction of Documents of Civil Aviation Committee, Decision AIR 3 reports (WTO IV.8) WTO 130, AIR 7 Technical Sub-Committee, establishment and terms of reference AIR 8 additional procedures DSU 979, 1048, 1050 containing another party s confidential information DSU 491, 970 examples of admission/rejection DSU 1049-55 panel’s authority/discretion to accept or reject DSU 402, 418-20, 1043-7 preliminary rulings on DSU 970, 979, 1050 animals, patents: see biodiversity, protection Anti-Dumping Agreement (AD): see also anti-dumping duties, duration and review (AD 11); anti-dumping duties, imposition and collection (AD 9); determination of injury (AD 3); developing country Members (AD 15); “domestic industry” (AD 4); investigation of dumping (AD 5)/subsidy (SCM 11); provisional measures (AD 7); public notice of preliminary or final determination (AD 12.2); sunset review (AD 11.3) (including “likelihood” test) applicability (AD 18.3) pre-/post-WTO reviews AD 674 “reviews of existing measures” AD 673 conformity with domestic laws, regulations and administrative procedures, obligation to ensure conformity (AD 18.4) dispute settlement procedures, applicability to AD 596, 677 finding of non-conformity under any AD provision WTO 228-33, AD 684-5 “laws, regulations and administrative procedures”, normative value as determining factor DSU 174 maintenance of inconsistent legislation AD 675 consultation and dispute settlement (AD 17): see consultation and dispute settlement (AD 17) Decision on Implementation-Related Issues and Concerns and annual review of implementation and operation of Agreement, guidelines for improvement AD 681-2 initiation of anti-dumping investigation AD 229 evidentiary rules (AD 6), cooperation, standard, good faith and TRIPS 41 GATT VI and AD Agreement as context (VCLT 31.2) AD 706-7 AD Agreement and GATT 1994 as integral part of WTO Agreement AD 479, 706-7 dumping, constituent elements (AD 2/GATT VI:1) material injury to domestic industry or threat thereof GATT 337, 338 specific reference in legislation, relevance GATT 327 violation of AD 5 and AD 307 “may levy” (GATT VI:2) as limitation to Member s choice whether or not to impose anti-dumping duty (AD 9) GATT 323, 339, AD 479 GATT practice GATT 328 quantitative restrictions (GATT XI) and GATT 426 separability of provisions GATT 346, AD 706 violation of GATT VI, sufficiency for finding of violation of AD 2.1 and 2.2 GATT 345, AD 97 obligations notification of changes to administration of laws and regulations (AD 18.5) AD 679 to relevant laws and regulations (AD 18.5) AD 679 preparatory work (VCLT 32) AD 2.4.2 AD 64 n. 111 evidentiary rules (investigation of dumping) (AD 6) determination of individual margins of dumping (AD 6.10), general rule/deviation from AD 435 notification to all interested parties of essential facts under consideration (AD 6.9), choice of means AD 426 principles (AD 1) “anti-dumping measure” AD 1 “initiated” (AD, footnote 1) AD 269 “initiated and conducted in accordance with the provisions of this Agreement” AD 2 developments during period of investigation, relevance AD 3, 9-10 violation of other AD provisions as evidence of breach of AD 1 AD 2, 571, 692: see also relationships within and between agreements standard/powers of review (AD 17.6): see standard/powers of review (panel) (AD 17.6) anti-dumping duties, duration and review (AD 11): see also sunset review (AD 11.3) AD 11.1 as general principle underlying AD 11.2 and 3 AD 490, 495 “injury” (AD 3, footnote 9) AD 502, 506 “likely to lead to continuation or recurrence” (AD 11.2) probability, need for AD 504 sunset review (AD 11.3) and AD 504 “necessary to offset dumping” (AD 11.2) AD 494, 496-501 necessity (AD 11.1) and AD 494, 496 standard of proof AD 500, SCM 309 sunset review (AD 11.3) and AD 497-8 “no-dumping finding” (AD 11.2), timing of revocation of antidumping duty AD 498 review mechanism, AD 11.2 as AD 507 “warranted” (AD 11.2) AD 505, 507 anti-dumping duties, imposition and collection (AD 9) “appropriate” amounts (AD 9.2) AD 460 assessment (AD 9.3) de minimis test, AD 5.8 distinguished AD 289, 461-3 retrospective assessment (AD 9.3.1) AD 465 variable duties, possibility of AD 464-5 calculation of “all other” anti-dumping duty rate (AD 9.4) avoidance of prejudice to non-investigate exporters AD 467 avoidance of prejudice to non-investigated exporters AD 467, 473 comparison of all comparable transactions (AD 2.4), need for AD 469 limitation of sample (AD 6.10) and AD 436 “margins” AD 469 margins established under circumstances referred to in AD 6.8, exclusion AD 468, 471-2 “established” AD 473 “legislation as such” and AD 597 method, absence of provision AD 468 single exporter or producer (AD 9.4(i)), sufficiency AD 470 zero/de minimis margins, exclusion AD 468 lesser duty, possibility of (AD 9.1) AD 584 Anti-Dumping Practices Committee annual review of implementation and operation of Anti-Dumping Agreement, guidelines for improvement and AD 681-2 changes in laws, regulation and administration, duty to inform (AD 18.5) AD 679 notifications as of 29 October 2004 AD 680 establishment WTO 72 Members reports on anti-dumping actions (AD 16.4) guideline on agreed standard form AD 590 guidelines on information to be provided in reports submitted “without delay” AD 589 notification to government following receipt of properly documented application for investigation (AD 5.5), recommendation on timing AD 273 Periods of Data Collection for Anti-Dumping Investigations, Recommendation Concerning: see data collection, period for (AD 2 and AD 3), Anti-Dumping Practices Committee, Recommendation (2000) review of AD 15 (developing country Members) AD 576, 682 rules of procedure (1996) WTO 73, AD 587-8 Appellate Body (AB) (DSU 17): see also notice of appeal, requirements (ABWP 20(2)); standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6); Working Procedures (appellate review (DSU 17.9 and ABWP)) appointment of members (DSU 17.2) DSU 440 competence: see standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6) establishment (DSU 17.1) DSU 439 proceedings, duration (DSU 17.5) DSU 441 replacement of member (ABWP 13) in case of death DSU 842 for serious personal reasons DSU 844 Presiding Member DSU 843 reports anonymity (DSU 17.11), concurring opinions (ABWP 3.2) DSU 477 as clarification GATT 154 n. 244 extension of deadline for circulation (DSU 17.5) DSU 442-5, 849 as precedent DSU 82 arbitration (DSU 22.6): see also suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) burden of proof, SCM 4.11 and DSU 691-2 “by the original panel” DSU 688 multiple complainants DSU 766 preliminary rulings (procedural aspects) DSU 693 procedural issues, rulings on DSU 693 right to participate in DSU 596 scope of review/arbitrators mandate (DSU 22.7) ad hoc procedural agreements for implementation of DSB recommendations and rulings DSU 643 agreement/sector for which authorization is sought (DSU 22.3), limitation to DSU 662 determination of “equivalence” (DSU 22.3) DSU 702, 732-45: see also suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22), level equivalent to nullification or impairment (DSU 22.4) methodology paper, request for DSU 730 “nature of concession”, exclusion (DSU 22.7) DSU 663, 733, 742 WTO-consistency as prior consideration DSU 739-40 DSU 22.6 and DSU 22.7 compared DSU 701 rejection of proposed level of suspension and DSU 743-5 suspension of concessions or “other obligations”, limitations on role DSU 704-7 scope of review/arbitrators mandate (SCM 4.11) burden of proof, allocation SCM 195 determination of “appropriateness/appropriate” countermeasure SCM 191, DSU 746, 776-7 specificity requirements agreement and sectors (DSU 22.3) DSU 660, 662, 663, 674 arbitrators margin of discretion DSU 680 DSU 3 provisions and DSU 686 DSU 6.2 requirements, applicability DSU 659, 687 specific level of suspension (DSU 22.4) DSU 660, 661, 663, 733 timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements DSU 625-35, 643 agreement not to appeal Article 21.5 panel report DSU 630 agreement not to object to Article 22.6 arbitration DSU 633 direct recourse to Article 22 DSU 632 non-application of 30-day Article 22.6 deadline DSU 634-5 recourse to Article 21.5 before Article 22 DSU 626–8 simultaneous recourse to Article 21.5 and Article 22 DSU 629 withdrawal of Article 22 arbitration request DSU 631 late submission of evidence DSU 894 opportunity to comment, need for DSU 894 new argumentation, cut-off date DSU 895 sample text DSU 893 advantages DSU 791 applicable law AB practice DSU 796 burden of proof (DSU 22.6) DSU 789 DSU 21 and 22 (DSU 25.4) DSU 790, 797, 801 confidentiality of proceedings: see also confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) applicability of AB practice DSU 796 Decision on improvements to the GATT dispute settlement procedures (1989) and DSU 801 n. 1178 jurisdiction/arbitrators mandate agreement of parties (DSU 25.1 and 25.2) as basis DSU 791, 800 Article 25 arbitration as alternative to panel procedure DSU 790, 798 compétence de la compétence DSU 788 determination of level of nullification or impairment (DSU 22.4) DSU 788, 790-1 determination of WTO-consistency of measure DSU 797 prompt and satisfactory resolution of disputes, Members right to (DSU 3) and DSU 791, 803 procedural requirements Article 22.6 proceedings distinguished DSU 794, 802 consistency with WTO rules and principles, responsibility for ensuring DSU 787 notification of arbitration to DSB, limitation to DSU 787, 799 Argentina, ATC safeguard measures (ATC 6), TMB discussion ATC 52, 75, 106, 107, 109-12 Argentina — Ceramic Tiles (Panel), WT/DS189/R, DSR 2001:XII Anti-Dumping Agreement (AD), preparatory work (VCLT 32), evidentiary rules (investigation of dumping) (AD 6), notification to all interested parties of essential facts under consideration (AD 6.9), choice of means AD 426 anti-dumping duties, imposition and collection (AD 9), calculation of all other anti-dumping duty rate (AD 9.4), limitation of sample (AD 6.10) and AD 436 determination of dumping (AD 2) fair comparison of export price and normal value (AD 2.4) determination of individual margins (AD 6.10) distinguished AD 437 n. 573, 443 “due allowance”, “in each case, on its merits” AD 56 evidentiary rules (investigation of dumping) (AD 6) accuracy of information, authorities obligation to satisfy themselves (AD 6.6), as responsibility of authorities AD 367 confidential information (AD 6.5) non-confidential summaries (AD 6.5.1) as balance between protection of confidentiality and need to ensure opportunity to defend interests AD 416, 424 purpose AD 358 public notice of determinations (AD 12) and AD 417, 449 right to rely on AD 416-18, 570 unwarranted request for confidentiality, right to disregard information (AD 6.5.2) AD 416-553 determination of individual margins of dumping (AD 6.10) individual margin for each known exporter or producer AD 437 exporter or producer not originally selected (AD 6.10.2) AD 437 facts available to investigating authority, right of resort to (AD 6.8/Annex II) failure to submit necessary information “in timely fashion” (Annex II, para. 3) and, interpretation in light of AD 6.1.1, 6.8/Annex II, para.1 AD 423 reasons for disregarding information, need for AD 414 resort to, requirements AD 385 specification “in detail” (Annex II, para. 1) AD 384 “notice of the information … and ample opportunity to present in writing all evidence” (AD 6.1), clear request for information, need for AD 308, 332, 384, 423 notification to all interested parties of essential facts under consideration (AD 6.9), choice of means at Members discretion AD 426 on-the-spot verification (AD 6.7), as option AD 367 n. 464, 369, 689 implementation of recommendations and rulings of the DSB (DSU 21), prompt compliance (DSU 21.1), judicial economy and DSU 1040 interpretation of covered agreements, guidelines, effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase AD 416 judicial economy, discretionary nature, precise recommendations and rulings by DSB and DSU 1040 nullification or impairment (DSU 3.8), adverse impact/prejudice, relevance DSU 98 public notice and explanation of determinations (AD 12), confidentiality of information (AD 6.5) and AD 417, 449 relationships within and between agreements AD 2.4/AD 6.10 AD 437 n. 573, 443 AD 6.1.1/AD 6.8 AD 332 AD 6.5/AD 12 AD 570 AD 6.5/other AD 6 paragraphs AD 364 AD 6.8/AD 3 AD 418 AD 6-10/AD 94 AD 436, 437, 478 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue DSU 98 standard/powers of review (panel) (AD 17.6), investigating authorities establishment of the facts (AD 17.6(i)), evaluation as at time of determination AD 638 Argentina — Footwear (EC) (AB), WT/DS121/AB/R, DSR 2000:I Agreement on Safeguards, as integral part of WTO Agreement WTO 13 customs unions (GATT XXIV:5(a)) as defence or exception, on formation of customs union, limitation to, “would be prevented” unless requirement AG 62 definition (GATT XXIV:8(a)), internal trade arrangements (GATT XXIV:8(a)(i)) AG 62-3 safeguard measures (SG 2.1, footnote 1) GATT 722 right to exclude members of customs union from AG 65 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) coincidence of trends in imports and in injury factors AG 178-9, 183 factors other than increased imports causing injury, non-attribution requirement AG 193 relevance in absence of serious injury AG 213 evaluation of all relevant factors (SG 4.2(a)) AG 116, DSU 381 all factors listed in SG 4.2(a) AG 143 “such increased quantities”, trends, need to examine AG 27, 48, 155-6 GATT 1947, WTO continuity with, incorporation of GATT 1947 provisions into WTO Agreement GATT 3 interpretation of covered agreements guidelines consistency with article/agreement as a whole DSU 56 effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase WTO 13, DSU 56 object and purpose GATT 524, DSU 56 SG/GATT XIX GATT 524 means dictionaries GATT 529 same or closely related phrases in different agreements, GATT XIX:1(A)/SG 2.1 AG 6 ordinary meaning “apply as single unit or on behalf of a Member state” (SG 2.1, footnote 1) AG 62 “as a result of unforeseen developments” (GATT XIX(1)(a)) GATT 529, AG 6 “conforms with the provisions” (SG 11.1(a)) GATT 568, AG 5 judicial economy discretionary nature DSU 1036 prior decision on another point rendering discussion otiose GATT 550, AG 171 relationships within and between agreements GATT XIX:1/SG 2 and 4 GATT 531, 550 SG 3.1/SG 4.2(a) AG 215 SG 3.1/SG 4.2(c) AG 215, DSU 288, 332 request for establishment of panel, requirements (DSU 6.2), legal basis of claim, limitation of jurisdiction to cited provisions, whether (DSU 7.2) AG 215, DSU 288, 332 safeguard measures (SG/GATT XIX) conditions (SG 2) “as a result of unforeseen developments” (GATT XIX:1(a)) AG 6 “as a result … of the effect of obligations incurred by Member” GATT 552-3 condition (SG 2.1) distinguished GATT 541 critical date GATT 547 omission from SG 2.1, relevance GATT 531, 569, DSU 56 as extraordinary/emergency remedy GATT 523-4 parallelism between SG 2.1 and SG 2.2, “product being imported” AG 64-5 “product being imported” (SG 2.1), as sudden and recent increase AG 30-1 regional agreements/customs unions and (SG 2.1, footnote 1) GATT 722 right to exclude member of customs union from AG 65 “such increased quantities” “rate and amount of the increase … in absolute and relative terms” (SG 4.2(a)) AG 25, 178-9 sufficient to cause serious injury or threat AG 31 territorial application AG 64 relationship between Safeguards Agreement and GATT XIX GATT 521 continuing applicability of GATT XIX GATT 568-9 rules for application of GATT XIX (SG 1 and 11.1(a)) GATT 568-9, AG 5-6 standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of the legal analysis in case of, agreement with panel DSU 466 standard/powers of review (panel) (DSU 11) applicability to Safeguards Agreement AG 145 “objective assessment of the facts” de novo review, exclusion DSU 381 obligation to examine and evaluate all the evidence available to it AG 145 “objective assessment of matter before it”, ultra petita finding on provision not before it AG 215, DSU 288, 332 third party rights, AB proceedings (ABWP 24), “passive” participation DSU 871 WTO Agreement cumulative nature of obligations AG 6 as single treaty instrument WTO 13 Argentina — Footwear (EC) (Panel), WT/DS121/R, DSR 2000:I customs unions (GATT XXIV:5(a)) as defence or exception, on formation of customs union, limitation to, “would be prevented unless” requirement AG 62-3 definition (GATT XXIV:8(a)), internal trade arrangements (GATT XXIV:8(a)(i)) AG 62-3 safeguard measures (SG 2.1, footnote 1) GATT 722 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) analysis of conditions of competition, need for AG 186-8 coincidence of trends in imports and in injury factors AG 178, 183 evaluation of all relevant factors of objective and quantifiable nature AG 170 factors other than increased imports causing injury, non-attribution requirement AG 170, 192-3 evaluation of all relevant factors (SG 4.2(a)) all factors listed in SG 4.2(a) AG 142 price analysis, relevance AG 58 segmented domestic industry and AG 163 “serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)), simultaneous determinations, possibility of AG 126 “such increased quantities”, trends, need to examine AG 26-30, 155, 166 “threat of serious injury” (SG 4.1(b)), actual increase in imports, need for AG 124 interpretation of covered agreements means same or closely related phrases in different agreements, GATT XIX:1(a)/SG 11.1(a) GATT 523 same or closely related phrases in same agreement, ATC 6.4/SG 4.2(a) AG 142 ordinary meaning, “apply as single unit or on behalf of a Member state” (SG 2.1 footnote 1) AG 62 notification and consultation (SG 12) “all pertinent information” (SG 12.2), precise description of proposed measure AG 273 modifications reducing restrictiveness of measure, limitation to AG 231, 232 right to request additional information, relevance AG 273 reasoned and adequate explanation, need for (SG 3.1) causation (SG 2.1/SG 4.2(b)) AG 170 panel’s obligation to confirm AG 170 relationships within and between agreements SG 2 and 4/SG 5 AG 224 SG 2 and 4/SG 12 AG 273 SG 2/SG 4 AG 19 SG 2.1 and 4/SG 6 AG 83, 230 SG 2.1, 4.1(c) and 4.2(b)/SG 2.2, 3.1, 51.8, and 12 AG 83 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, numbers of measures, sufficiency DSU 205 safeguard measures (SG/GATT XIX) conditions (SG 2) causation (SG 2.1), relevant factors (SG 4.2(a))/ “under such conditions” (SG 2.1), equivalence AG 49, 51-3 customs unions and (SG 2.1, footnote 1) GATT 722 “product being imported” (SG 2.1), as sudden and recent increase AG 230-1 “such increased quantities” quantity as determining factor AG 24 “rate and amount of the increase … in absolute and relative terms” (SG 4.2(a)) AG 25, 178 duration and review (SG 7), modifications reducing restrictiveness (SG 7.4) AG 231, 275 safeguard measures (SG/GATT XIX), customs unions and free trade areas (GATT XXIV) exception, applicability, free trade agreements/customs unions and (SG 2.1, footnote 1) AG 62 standard/powers of review (panel) (DSU 11) applicability to Safeguards Agreement AG 145 reasoned and adequate explanation (SG 3.1), need to confirm AG 145, DSU 381 terms of reference of panels (DSU 7), identification of specific measures at issue, amendment of measures following establishment of panel DSU 269-70 transitional safeguards (ATC 6), relevant factors (ATC 6.3), obligation to examine all AG 142 Argentina — Hides and Leather dispute, WT/DS155, DSR 2001:II, arbitration (DSU 22.6), timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements, recourse to Article 21.5 before Article 22 DSU 628 Argentina — Hides and Leather (Panel), WT/DS155/R and Corr.1, DSR 2001:II Appellate Body (AB) (DSU 17), reports, as clarification GATT 154 General Exceptions (GATT XX), measures necessary to secure compliance with GATT-consistent measure (GATT XX(d)), “necessary” GATT 618 interpretation of covered agreements, means, same or closely related phrases in same agreement, GATT VII:2(b)/GATT X:3(a) GATT 381 “like product” (GATT III:2 and III:4) hypothetical “like product” GATT 165 relevant factors differences between sellers GATT 181 nationality of producer or origin of product GATT 250 national treatment, general principle (GATT III:1) applicability, measures imposed at the time or point of importation (“internal measures”) (GATT Ad Art. III), imposition on like domestic product requirement GATT 123-4 “so as to afford protection”, equality of competitive relationship GATT 119 national treatment, tax discrimination (GATT III:2) “charge of any kind” GATT 173 determination of violation requirements aims and effects test/policy purpose GATT 129, 185 duration of tax differential, relevance GATT 180 “directly or indirectly” GATT 188 methodology of comparison, individual transactions basis GATT 176-7, 210, 218 “so as to afford protection” as application of general principle (GATT III:1) GATT 154 design and structure of measure as evidence of protective application GATT 165 non-discriminatory administration of quantitative restrictions (GATT XIII) publication and administration of trade regulations (GATT X:3(a)) GATT 380-3 “reasonable” (risk of disclosure of confidential information) GATT 383 publication and administration of trade regulations (GATT X) measures of general application (GATT X:1) GATT 376 relationship with other GATT provisions GATT 387 substantive content distinguished GATT 387 n. 585 uniform, impartial and reasonable administration (GATT X:3(a)) GATT 376 applicability to individual traders GATT 380 discrimination between Members, relevance GATT 375, 389 “impartial” (presence of private parties during customs process) GATT 382, DSU 202 as procedural requirement GATT 376 “uniform” GATT 381 quantitative restrictions, elimination (GATT XI) “prohibition or restriction” (GATT XI:1) causal link, need for GATT 406 de facto restrictions GATT 404, 406 equality of competitive conditions as test GATT 406 evidence of, trade effects GATT 406 presence of private parties during customs process GATT 404, 406 private action, relevance GATT 405 relationships within and between agreements, GATT /GATT as a whole GATT 375 Argentina — Hides and Leather (Article 21.3), WT/DS155/10, DSR 2001:XII implementation of recommendations and rulings of the DSB (DSU 21) impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), “reasonable period”, economic and social conditions, relevance DSU 538, 582, 585 prompt compliance (DSU 21.1) modification of underlying economic or social conditions distinguished DSU 538 interpretation of covered agreements, specific terms and phrases, “compliance” (DSU 21.1) DSU 537-8 Argentina — Poultry Anti-Dumping Duties (Panel), WT/DS241/R, DSR 2003:V) anti-dumping duties, imposition and collection (AD 9) “appropriate amounts” (AD 9.2) AD 460 assessment (AD 9.3) retrospective assessment (AD 9.3.1) AD 465 variable duties, possibility of AD 464-5 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) “submissions” and statements of own position distinguished DSU 482 time limits for non-disclosure DSU 483 data collection, period for (AD 2 and AD 3) use of different periods dumping/injury determinations AD 104 injury factors AD 103 determination of dumping (AD 2) calculation of dumping margins (AD 2.4), comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2) “comparable” AD 251-2 determination of injury (AD 3) evaluation of injury factors (AD 3.4), “objective examination” requirement (AD 3.1) and AD 118 “positive evidence” / “objective examination requirement” (AD 3.1) “objective examination”, “consequent impact” (AD 3.1(b)) AD 118 use of different periods for data collection and AD 103 for dumping and injury investigations AD 104 “domestic industry” (AD 4) “a major proportion of the total domestic production” (AD 4.1) AD 226 interpretation in accordance with AD 4.1, obligation AD 228 estoppel, panel competence, related proceedings in another forum and DSU 79, 248, 948 evidentiary rules (investigation of dumping) (AD 6) determination of individual margins of dumping (AD 6.10), procedural nature AD 438 facts available to investigating authority, right of resort to (AD 6.8/Annex II), “information appropriately submitted so that it can be used … without undue difficulties” (Annex II(3)) AD 396 “notice of the information” … and ample opportunity to present in writing all evidence (AD 6.1) access to information provided by another interested party (AD 6.1.1/AD 6.1.2), “interested parties participating in the investigation” AD 323 “questionnaires” (AD 6.1.1), failure to send, relevance AD 316 notification to all interested parties of essential facts under consideration (AD 6.9), “essential facts” AD 427-8 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB to make suggestions DSU 513 interpretation of covered agreements applicable law, customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)], treaty application and treaty interpretation distinguished DSU 23 specific terms and phrases, “comparable” (AD 2.4.2) AD 251-2 investigation of dumping (AD 5)/subsidy (SCM 11) evidence, sufficiency (AD 5.2) evidence of causal link (AD 5.2(iv)), evidence for purposes of preliminary or final determination distinguished AD 248 n. 317 evidence of dumping AD 250 evidence, sufficiency, investigating authority’s obligation to examine accuracy and adequacy (AD 5.3), AD 2.4 compared AD 251-2 evidence, sufficiency, simultaneous consideration of evidence of dumping and injury (AD 5.7), initiation of investigation in absence of sufficient evidence (AD 5.3) and AD 282 MERCOSUR ad hoc Arbitral Tribunal, proceedings before as impediment (estoppel) to DSU proceedings DSU 79, 248, 948 MERCOSUR ad hoc Arbitral Tribunal, relevance of decisions in DSU proceedings DSU 23 preliminary rulings on confidentiality issues DSU 966 double fora DSU 948 public notice of initiation of investigation (AD 12.1) “interested parties”, obligation to in absence of contact details AD 550 notification and public notice distinguished AD 549 relationships within and between agreements, AD 9.2/AD 9.3 AD 460 standard/powers of review (panel) (AD 17.6), investigating authorities establishment of the facts (AD 17.6(i)), evaluation as at time of determination AD 639 Argentina — Preserved Peaches (Panel), WT/DS238/R, DSR 2003:II reasoned and adequate explanation need for (SG 3.1),“as a result of unforeseen developments” (GATT XIX:1(a)), “demonstration”, need for GATT 534-5 safeguard measures (SG/GATT XIX) conditions (SG 2) “as a result of unforeseen developments” (GATT XIX:1(a)) GATT 530 critical date GATT 549 “demonstration”, need for GATT 534-5 “product being imported” (SG 2.1) as sudden and recent increase AG 38-9 Argentina — Textiles and Apparel (AB), WT/DS56/AB/R, DSR 1998:III decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports (unadopted) WTO 219 due process (dispute settlement proceedings), panel working procedures, need for DSU 921 evidence (panel procedures) (DSU 12) time limits for submission absence of provision (Working Procedures (Appendix 3)) DSU 367 panel’s right to admit “late” evidence DSU 367 absence of objection by other party DSU 367 time limit for rebuttal DSU 367 as two-stage process DSU 367 presentation of case including facts DSU 367 rebuttal of arguments and evidence DSU 367 information or technical advice, panel’s right to seek (DSU 13/SPS 11.2) “information from any relevant source” (DSU 13.2) DSU 429 panel’s rights, not to seek DSU 346 n. 516, 429 International Monetary Fund (IMF)/WTO relationship (WTO III:5) Agreement (1997) as fulfilment of WTO mandate to cooperate as appropriate with IMF WTO 26 Members rights and obligations under IMF and WTO Agreements, effect on WTO 26, GATT 361 consultations and exchange of information, obligation, whether WTO 27 Declaration of Coherence in Global Economic Policymaking (1994), legal effect WTO 26, 239, GATT 359, 361 Declaration on the Relationship Between the IMF and WTO (1994) WTO 26, 240, GATT 361 GATT VIII, obligations and WTO 26, 239, 240, GATT 356, 359 interpretation of covered agreements, means, “any subsequent practice … which establishes the agreement of the parties regarding its interpretation” (VCLT 31(1)(b)), panel reports WTO 219 panel reports, legal status, unadopted reports WTO 219 relationships within and between agreements, GATT II:1(a)/GATT II:1(b) GATT 103 Schedules of Concessions (GATT II) interpretation and clarification, GATT II:1(a) and (b), interrelationship GATT 103 ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)), duty different in type GATT 98-102 standard/powers of review (panel) (DSU 11), “objective assessment of matter before it”, failure to make as abuse of discretion DSU 367 terms of reference of panels (DSU 7), identification of specific measures at issue, amendment of measures during AB proceedings DSU 273 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)) applicable law agreement of parties to alternative procedure DSU 367 panel’s right to determine DSU 367 panel proceedings as two-stage process DSU 367 panel’s margin of discretion DSU 367 Argentina — Textiles and Apparel (Panel), WT/DS56/R, DSR 1998:III disclosure obligation, burden of proof and DSU 999 fees and formalities connected with importation and exportation (GATT VIII) “limited … to the approximate cost of services rendered” (GATT VIII:1(a)) fiscal charge GATT 355 good faith (including pacta sunt servanda principle (VCLT 26)) burden of proof/presumption of DSU 261 as general principle of international law DSU 261 International Monetary Fund (IMF)/WTO relationship (WTO III:5) Declaration on Coherence in Global Economic Policymaking (1994), legal effect WTO 239 GATT VIII, obligations and WTO 239, GATT 354, 356 interpretation of covered agreements, means, “any subsequent agreement … regarding its interpretation or application” (VCLT 31(3)(a)), Report of Working Party on Accession of the Democratic Republic of the Congo GATT 355 judicial economy, limitation of consideration to claims essential to resolution of dispute (DSU 3.2) DSU 260 preliminary rulings (procedural aspects), refusal DSU 947 Schedules of Concessions (GATT II), ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)), duty different in type GATT 98 terms of reference of panels (DSU 7) identification of specific measures at issue termination of measures before agreement on terms of reference DSU 260-2 continuing relevance DSU 262 good faith obligation not to reintroduce DSU 261 unilateral amendment, exclusion DSU 260 “arms length” (Illustrative List, SCM Annex 1 (item (e)), footnote 59) SCM 20-2 ASEAN Free Trade Area, Common Effective Preferential Tariffs (CEPT) scheme, Enabling Clause and GATT 34 Assets, Liabilities, Records, Staff and Functions from GATT to the WTO, Agreement on (1994) WTO 157 ATC (Agreement on Textiles and Clothing): see transitional safeguards (ATC 6) Australia — Ammonium Sulphate (Working Party Report), BISD 11/188 non-violation claims (GATT XXIII:1(b)) nullification or impairment, need for causality GATT 671 competitive relationship as key factor GATT 671 Australia — Automotive Leather I (WT/DS106) multiple panels/same complainant/same dispute, possibility of DSU 154 request for establishment of panel, general considerations (DS 6) multiple panels involving same parties and claims, possibility of DSU 154 termination of panel, right of DSU 154 Australia — Automotive Leather II dispute (WT/DSR126, DSR 1999:III) arbitration (DSU 22.6) timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements agreement not to appeal Article 21.5 panel report DSU 630 non-application of 30-day Article 22.6 deadline DSU 634-5 recourse to Article 21.5 before Article 22 DSU 626 Australia — Automotive Leather II (Panel), WT/DS126/R, DSR 1991:III consultations (DSU 4), confidentiality (DSU 4.6), disclosure of information obtained in different proceedings DSU 137 consultations (SCM 4.1-4) accelerated nature of proceedings, effect SCM 148-9 object and purpose, clarification and development of the facts of the situation (SCM 4.3) SCM 150 “statement of available evidence” (SCM 4.2) all facts distinguished SCM 148 disclosure of arguments distinguished SCM 148 DSU 4.4 distinguished SCM 150 new evidence, right to submit, objective assessment (DSU 11) and SCM 149 request for establishment of panel (SCM 4.4) distinguished SCM 151 export subsidy, prohibited (SCM, Part II) “contingent in fact” … (SCM 3.1(a)) case by case approach SCM 101-2 close connection, need for SCM 94 examination of all relevant facts, need for (SCM 3.1(a), footnote 4) SCM 101 facts at time of establishment of conditions for grant, limitation to SCM 102 “tied to” (SCM 3.1(a), footnote 4) SCM 94 “contingent upon export performance” (SCM 3.1(a)), burden of proof, knowledge or expectation, sufficiency SCM 105 information or technical advice, panel’s right to seek (DSU 13/SPS 11.2) expert evidence (DSU 13.2), SCM 4.2 (statement of available evidence) and SCM 150 “information from any relevant source” (DSU 13.2) DSU 430 interpretation of covered agreements ordinary meaning, “statement of available evidence” (SCM 4.2) SCM 148 specific terms and phrases, “contingent” (SCM 3.1) SCM 94 relationships within and between agreements, DSU 19.1/SCM 4.7 DSU 534 standard/powers of review (panel) (DSU 11) “objective assessment of the facts” evidence, alleged disregard or distortion by panel obligation to examine and evaluate all the evidence available to it DSU 342 obligation to examine and evaluate evidence DSU 342 “objective assessment of matter before it” , SCM 4.2 (statement of available evidence) and SCM 149 “withdrawal of subsidy without delay” (SCM 4.7), “without delay”, as specifically prescribed time-period (SCM 4.12) SPS 163 Australia — Automotive Leather II (Article 21.5 US) (Panel), WT/DS126/RW and Corr.1, DSR 2000:III preliminary rulings on, third party rights DSU 961-2 relationships within and between agreements, DSU 19.1/SCM 4.7 DSU 9, 534 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, exclusion of measure included in request for establishment DSU 254 review of implementation of DSB rulings (DSU 21.5), third party rights (DSU 10), access to second written submissions DSU 617 standard/powers of review (panel) (DSU 11), “objective assessment of matter before it”, all arguments, need to consider DSU 334 third party rights, panel proceedings (DSU 10 and Appendix 3), right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 617, 961 “withdrawal of subsidy without delay” (SCM 4.7) partial repayment, sufficiency SCM 164 repayment of past subsidy/retroactive effect SCM 161-2, 219 “bring into conformity” (DSU 19) distinguished SCM 170, DSU 9 special or additional rules and procedures (DSU 1.2 and Appendix 2), relevance DSU 9 withdrawal of subsidy as SCM 7.8 remedy compared SCM 169 Australia — Salmon (AB), WT/DS18/AB/R, DSR 1998:VIII due process (dispute settlement proceedings), opportunity to respond to evidence/presentations of other parties DSU 401, 929 interpretation of covered agreements ordinary meaning, “likelihood” SPS 219 specific terms and phrases, “likelihood” (SPS Annex A, para. 4) SPS 219 judicial economy, “positive solution to dispute requirement” (DSU 3.7) and DSU 1038 relationships within and between agreements SPS 2.2/SPS 51 SPS 32 SPS 2.2/SPS 5.6 SPS 160 SPS 2.3/SPS 5.5 SPS 45 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue DSU 255 measure actually applied DSU 255 risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) “available scientific evidence” (relevant factors) (SPS 5.2), unknown and uncertain elements, effect SPS 101, 129 elements/three-pronged nature of test (Annex A, para. 4) SPS 103 elements/three-pronged test (Annex A, para. 4), “potential”, “likelihood” distinguished SPS 222 “risk assessment” (Annex 4, para. 4) SPS 216 standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of analysis SPS 104 SPS Agreement, basic rights and obligations (SPS 2), arbitrary or unjustifiable discrimination, exclusion (SPS 2.3), appropriate level of protection and (SPS 5.5) SPS 45 SPS measures, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5), discrimination or disguised restriction of trade resulting from inconsistency, warning signals SPS 140 measures not “more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6) “appropriate level” , determination Members explicit statement, right of Panel/AB to challenge SPS 152 Members obligation SPS 151 Members right SPS 149 as preliminary to decision on measure SPS 153 “taking into account technical and economic feasibility” SPS 160 zero-risk SPS 123 cumulative nature of obligations SPS 148 requirements (SPS 5.6, footnote 3) SPS 147 standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6) classification as issue of law or fact, evaluation of the evidence DSU 450 completion of the legal analysis in case of disagreement with the panel DSU 469 Panel’s failure to address correct issue SPS 155, 160, DSU 465 findings or developed legal interpretations, limitation to (DSU 17.13) SPS 175 standard/powers of review (panel) (DSU 11) “objective assessment of the facts” evidence, alleged disregard or distortion by panel discretion in assessment of evidence DSU 340 egregious error, need for DSU 351 terms of reference of panels (DSU 7), as definition of jurisdiction/legal claims at issue SPS 175 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)), high quality reports/avoidance of delay, flexibility in achieving balance (DSU 12.2) DSU 401, 928 Australia — Salmon (Panel), WT/DS18/R and Corr.1, DSR 1998:VIII expert review groups, rules and procedures (DSU, Appendix 4), appointment procedures SPS 193 harmonization of SPS measures (SPS 3) measures based on international standards (SPS 3.1) validity of OIE standards SPS 55 “where they exist”, availability for some but not all diseases SPS 54 interim review (DSU 15), “precise aspects of the interim report”, limitation to (DSU 15.2) DSU 433 order of analysis, specific/general provision SPS 212 quantitative restrictions, elimination (GATT XI), SPS Agreement and GATT 425 relationships within and between agreements GATT XI/SPS 2.4 DSU 905 SPS 2/SPS 3 SPS 47 SPS 2/SPS 5 SPS 47 SPS 2.2/SPS 5.1 and 5.2 SPS 128 SPS 2.2/SPS 5.6 SPS 160 SPS 2.3/SPS 5.5 SPS 44 SPS 3.2/SPS 5.6 SPS 65 SPS 5.1/SPS 5.5 SPS 123 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, measure actually applied DSU 255 risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) “appropriate to the circumstances” (SPS 5.1) SPS 120 arbitrary or unjustifiable inconsistencies, obligation to avoid (SPS 5.5) and SPS 123 relevance of official status of report SPS 110 studies in another product category SPS 79 “risk assessment” (Annex 4, para. 4) SPS 216, 218 specificity of assessment, need for (SPS 5.1 and 5.2) SPS 114 “sufficient scientific evidence” requirement (SPS 2.2) and SPS 128 timing of assessment (SPS 5.1) SPS 112 zero risk, unacceptability of concept SPS 115 SPS Agreement definitions (Annex A), “sanitary measure” (Annex A, paras. 1(a) and 1(b)) SPS 213 quantitative restrictions (GATT XI) and GATT 425 SPS measures, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5) cumulative nature of obligations SPS 45 discrimination or disguised restriction of trade resulting from inconsistency, warning signals SPS 140 distinctions in the level of protection in different situations, comparability SPS 136-8 measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6) alternative measure “significantly less restrictive to trade” SPS 154 “appropriate level”, determination Members explicit statement, right of Panel/AB to challenge SPS 152 “taking into account technical and economic feasibility” SPS 160 recommendations of relevant international organizations and SPS 65 SPS 2.2 and SPS 155 standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of the legal analysis in case of, disagreement with panel finding SPS 104 standard/powers of review (panel) (DSU 11), risk assessment (SPS Agreement), exclusion SPS 95, 132 transparency of SPS regulations (SPS 7 and Annex B), enquiry points (Annex B, para. 3), obligation to identify appropriate level of protection, whether SPS 227 Australia — Salmon (Article 21.5 Canada) (Panel), WT/DS18/RW, DSR 2000:IV competence of panels and AB (DSU 3.2), not to add to or diminish rights and obligations (DSU 3.2/19.2) SPS 215 expert review groups, rules and procedures (DSU, Appendix 4) appointment procedures SPS 193 methods for obtaining advice SPS 194 preliminary rulings on, third party rights DSU 962 relationships within and between agreements SPS 2/SPS 5 SPS 48 SPS 5.1 and 5.6/Annex A, para. 4 SPS 215 review of implementation of DSB rulings (DSU 21.5) “measures taken to comply”, parties’ assessment, relevance DSU 605 third party rights (DSU 10), right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 618, 962 risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) elements/three-pronged nature of test (Annex A, para. 4) SPS 103 n. 120 identification of diseases and potential biological and economic consequences to be protected against SPS 215 “risk assessment” (Annex 4, para. 4) SPS 215, 219 timing of assessment, publication of assessment, relevance SPS 113 SPS Agreement applicability (SPS 1.1), measures taken by body other than central government (SPS 13) SPS 205 basic rights and obligations (SPS 2) arbitrary or unjustifiable discrimination, exclusion (SPS 2.3) discrimination between different products SPS 39 requirements SPS 38 control, inspection and approval procedures (Annex C) SPS 230 implementation (SPS 13), measures taken by body other than central government SPS 205 SPS measures, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5), distinctions in the level of protection in different situations, comparability SPS 136-8 measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6), “appropriate level”, determination, “taking into account technical and economic feasibility” SPS 156
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