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SUBJECT INDEX S |
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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. |
SAARC (South Asian Association for Regional Cooperation) Preferential Trading Arrangement, Enabling Clause and GATT 34 safeguard measures (SG/GATT XIX): see also determination of serious injury or threat thereof (SG 4), requirements; developing country Members (SG 9); dispute settlement (SG 14); notification and consultation (SG 12); standard/powers of review (panel) (DSU 11) application of measures (SG 5) “demonstration” of compliance, relevance AG 95 imports, limitation to AG 222 non-discrimination (GATT XIII) and GATT 451-2, AG 227 quota modulation and (SG 5.2(b)) AG 80, 229 “to the extent necessary” (proportionality) (SG 5.1) AG 13-15, 219-22 adjustment plans, relevance AG 223 “clear justification”, need for AG 219-20 serious injury limited to increased imports, limitation to AG 221-2 “as a result of unforeseen developments” (GATT XIX:1(a)) GATT 529-30, 566 n. 783 “as a pertinent issue of fact and law”/finding (SG 3.1) GATT 532-3, AG 101 “as a result … of the effect of obligations incurred by Member” GATT 552-6 condition (SG 2.1) distinguished GATT 541 confluence of developments as GATT 543 “demonstration”, need for GATT 533-6 prior to application of measure GATT 536 in respect of each measure GATT 538-9 omission from SG 2.1, relevance GATT 529, 531, 569-70, DSU 56 reasoned and adequate explanation, need for (SG 3.1) GATT 526-8, 537, 540, AG 45, 68-72, 74-5, 77, 93, 97 burden of proof DSU 995 causation (SG 2.1): see also determination of serious injury or threat thereof (SG 4), requirements, causation (SG 4.2(b)) relevant factors (SG 4.2(a))/ “under such conditions” (SG 2.1), equivalence AG 49-57, 174 as extraordinary/emergency remedy GATT 522-5 free trade agreements/customs unions and (SG 2.1, footnote 1) GATT 722-3, AG 62 GATT practice GATT 565 parallelism between SG 2.1 and SG 2.2 “parallelism”, basis for AG 73 “product being imported” GATT 724, AG 64-77 “product being imported” (SG 2.1) “being imported” AG 46 as sudden and recent increase AG 30-45 regional agreements/customs unions and (SG 2.1, footnote 1), right to exclude member of customs union from AG 65 right to apply measure and exercise of right distinguished AG 13-15 separate determinations of threat and injury, need for AG 78-81 GATT practice AG 81 separate and partial determinations AG 76 “such increased quantities” methodology, Panel’s right to examine AG 35-7 quantity as determining factor AG 24 “rate and amount of the increase … in absolute and relative terms” (SG 4.2(a)) AG 25, 178-85 sufficient to cause serious injury or threat AG 31-2, 47 “serious injury” and “threat”, whether mutually exclusive alternatives AG 78 territorial application AG 64 duration and review (SG 7) extension of measure (SG 7.1), whether distinct measure DSU 133 modifications reducing restrictiveness (SG 7.4) AG 231, 275 level of concessions (SG 8) “equivalent” AG 233 “adequate opportunity for prior consultations” (SG 12.3) and AG 233-4 prohibition and elimination of certain measures (SG 11) GATT 395 notification (SG 11.2) eligible original Members and AG 243 format AG 243 timetables AG 243 reporting obligations (SG 11.1) AG 284 provisional measures (SG 6), tariff measures GATT 395, AG 230 relationship between Safeguards Agreement and GATT XIX GATT 521, 566-72, AG 1-2 continuing applicability of GATT XIX GATT 568-71 rules for application of GATT XIX (SG 1 and 11.1(a)) GATT 568-9, AG 4-10 Safeguards Agreement, Preamble, as evidence of object and purpose AG 1-2 establishment WTO 72 observer status AG 282 procedures for reviews of notification (SG 12.6) AG 277 rules of procedure (1996) WTO 73, AG 281 surveillance obligations (SG 13) AG 281-4 Members’ reporting obligations AG 283 requests for assistance AG 284 Schedules of Concessions (GATT II): see also Schedules of Specific Commitments (GATS XX) diminishment of obligations, exclusion GATT 84-5, 106 inconsistency with GATT VI and GATT 342 information technology products: see information technology products as integral part of GATT 1994 (GATT II:7) GATT 105 interpretation and clarification applicable rules, Vienna Convention on the Law of Treaties GATT 89, 111 common intentions of parties GATT 89-90, DSU 75 GATT II:1(a) and (b), interrelationship GATT 103 Harmonized System and Explanatory Notes and GATT 71, 92 legitimate expectations and GATT 89-91, 104, DSU 46, 75 “treatment contemplated” (GATT II:5) and GATT 104 Marrakesh Protocol and GATT 84-5 Member State practice GATT 94-6 World Customs Organization decisions and GATT 93 modification of schedules: see modification of schedules (GATT XXVIII) non-discrimination under GATT I and GATT 85 non-discriminatory administration of quantitative restrictions (GATT XIII) and GATT 85, 111 ordinary customs duties (AG 4.2) and AG 42 ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)) customs duties based on exogenous factors AG 26 duty different in type GATT 98-102 “ordinary customs duties” GATT 97, 114, DSU 61 “subject to the terms, conditions or qualifications in the schedule” (GATT II:1(b)) GATT 84-8 additional concession GATT 64 n. 157 description distinguished GATT 86 inclusion in schedule, need for GATT 70 price ceiling not included in Schedule GATT 87 “subject to” GATT 86 tariff data base: see tariff data base treatment no less favourable than that provided in appropriate schedule (GATT II:1(a)) bonding requirements elimination of quantitative restrictions (GATT XI) and GATT 109 imposition of import duties distinguished GATT 69, 88, 109 HS (Harmonized System) changes, implementation GATT 71 State trading enterprises (GATT VII) and, GATT practice GATT 478 State trading enterprises (GATT XVII) and GATT 477 withdrawal of concessions: see withholding or withdrawal of concessions (GATT XXVII) Schedules of Specific Commitments (GATS XX) Committee on Specific Commitments GATS 118 Guidelines (2001) GATS 119 modification (GATS XXI), notification format GATS 124 modification or rectification, procedures (GATS XXI:5) GATS 125-6 non-performance, exclusion of municipal law as justification (VCLT 27) GATS 83-5 required information (GATS XX:1), time-frame for implementation (GATS XX:1(d)) GATS 70, 120-3 treaty status GATS 85 scientific evidence, need for sufficient (SPS 2.2): see also expert evidence; harmonization of SPS measures (SPS 3); information or technical advice, panel’s right to seek (DSU 13/SPS 11.2); risk assessment, need for (SPS 5.1) equivalence (SPS 4), relevance SPS 29 as part of trade/protection of human life and health balance SPS 8 patent insufficiency SPS 11 precautionary principle (SPS 5.7) SPS 3, 22, 169 proportionality/risk equation SPS 16 provisional adoption of measures in case of insufficiency of scientific evidence (SPS 5.7) SPS 35-7, 163 scientific uncertainty, relevance SPS 165 obligation to seek to obtain additional information, for more objective assessment of risk SPS 166 “provisional” SPS 163 as qualified exemption SPS 162 requirements, cumulative nature SPS 163 review within “a reasonable period of time” SPS 167 rational or objective relationship between SPS measure and scientific evidence, need for SPS 13, 98 ad hoc determination SPS 14-15, 98 “scientific evidence” SPS 12 “sufficiency”, as relational concept SPS 9-11 context (SPS 3.3, 5.1 and 5.7) SPS 10 SCM Agreement: see also adverse effects (SCM 5); notification obligations (SCM 25) conformity of laws, regulations and administrative procedures with SCM Agreement (SCM 32.5) SCM 404-6 consultations: see consultations (SCM 4.1-4); request for establishment of panel, requirements (SCM 4.4) Decision on Implementation-Related Issues and Concerns and: see Decision on Implementation-Related Issues and Concerns, SCM Agreement determination of injury (SCM 15), “injury” (SCM 15, footnote 45) SCM 256 dispute settlement (SCM 30): see also consultations (SCM 4.1-4); request for establishment of panel, requirements (SCM 4.4) special or additional rules or procedures, whether SCM 390 GATT VI, separability of provisions SCM 399 GATT Subsidies Code and SCM 425 Informal Group of Experts (IGE) SCM 307 institutions (SCM 24): see also SCM Committee; subsidy, definition (SCM 1) Working Party on Subsidy Notifications SCM 327 investigations and reviews of existing measures, initiated … on or after date of entry into force of WTO Agreement (SCM 32.3) GATT 316-21, 329, SCM 398-9 “existing measures” SCM 403 procedural aspects of investigations, whether limited to SCM 42 retroactivity GATT 316, 329, SCM 398-9 transitional decisions of Tokyo Round Subsidies and Countervailing Measures Committee, relevance SCM 399 least-developed country Members: see Decision on Implementation-Related Issues and Concerns, SCM Agreement non-actionable subsidies (SCM 8): see non-actionable subsidies (SCM 8) object and purpose (SCM 1) SCM 496-501 balanced framework of rights and obligations relating to countervailing duties SCM 499 definition of subsidy “for purposes of this agreement” SCM 2 multilateral disciplines on subsidies distorting international trade SCM 359, 496-8 Permanent Group of Experts (PGE) (SCM 4.5) SCM 145, 325 preparatory work (VCLT 32), Tokyo Round GATT 317-21, 329-30 provisional application of Articles 6.1, 8 and 9 (SCM 31) lapse of provisions SCM 391 review SCM 391 provisional measures (SCM 17): see provisional measures (SCM 17) retroactivity: see retroactivity (SCM 20) specific action against subsidy (SCM 32.1): see specific action against dumping (AD 18.1) or subsidy (SCM 32.1) sunset review: see sunset review (SCM 21.3) transitional arrangements (existing programmes) (SCM 28.1), “inconsistent with the provisions of this Agreement” (SCM 28.1) SCM 388 accelerated nature of proceedings, effect SCM 142-5 dispute settlement provisions, extension GATT 321 subsequent agreement for purpose of interpretation of GATT VI, whether GATT 329 subsequent practice for purpose of interpretation of GATT VI, whether WTO 218, GATT 329 consumption of inputs in the production process (SCM, Annex II, footnote 61), difficulty of resolving issues related to SCM 482-4 Decision on Implementation-Related Issues and Concerns and SCM 233-4 establishment WTO 72 notification formats, role in relation to (SCM 25) SCM 226-7, 329-30, 385, 387 rules of procedure (1996) WTO 73, SCM 323 transitional decisions, as aid to interpretation of SCM Agreement, Article 32.3 SCM 398 Seattle Ministerial Conference (1999), Declaration, failure to agree on WTO 37 Organizational and Financial Consequences Flowing from the Implementation of the WTO Agreement, Ministerial declaration (1994) WTO 143 role, support for domestic efforts in relation to economic development and strategies for poverty reduction WTO 90 Staff Regulations and Rules: see Staff Regulations and Staff Rules (WTO Secretariat) terms of service WTO 144 compensation philosophy WTO 145 Working Group on Conditions of Service applicable to the WTO Secretariat Staff WTO 144-5 security exceptions (GATS XIV bis), notification format (GATS XIV bis: 2) GATS 65 security exceptions (GATT XXI), GATT practice GATT 641 separate opinions: see dissenting/separate opinions sequencing: see arbitration (DSU 22.6), timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements serious damage or actual threat (ATC): see transitional safeguards (ATC 6) “serious prejudice” (SCM 5(c)) obligation to remove adverse threats or withdraw subsidy (SCM 7.8) SCM 218 “significant price undercutting” (SCM 6.3(c)) and SCM 204 developing country Members exclusion (SCM 27 9) SCM 383 displacement or impediment to imports (SCM 6.3(a)), need for SCM 211 “displacement” SCM 212 “impediment” SCM 212 market share data, relevance SCM 213 SCM 4, relevance SCM 213 “effect of the subsidy” (SCM 6.3(a)) SCM 209 “significant price undercutting” (SCM 6.3(c)) SCM 204, 215 standing to bring claim nationality of producers, relevance SCM 211 serious prejudice to another Member, relevance SCM 217 “serious prejudice” (SCM 27.8) SCM 382 burden of proof SCM 382 negotiating programme (para. 15) Special Session (July package, para. 1(3) and Annex C) services, trade in: see business practices (GATS IX); developing country Members (GATS IV); domestic regulation (GATS VI); GATS Agreement; GATS Agreement, Institutional Arrangements, Marrakesh Ministerial Decision; general exceptions (GATS XIV); market access (GATS XVI); MFN treatment (GATS II); monopolies and exclusive service providers (GATS VIII); national treatment, services and service suppliers (GATS XVII); progressive liberalization (GATS XIX); progressive liberalization (GATS XIX), decisions and agreements relating to; progressive liberalization negotiations (GATS XIX:3 and Doha Declaration, para. 15); recognition of qualifications (GATS VII); Schedules of Specific Commitments (GATS XX); security exceptions (GATS XIV bis); services (Doha Declaration); telecommunications, Reference Paper on Basic Telecommunications (GATS XVIII) “Singapore issues” WTO 35 Singapore Ministerial Conference/Declaration (1996) adoption of main Declaration WTO 35, 46 agriculture, negotiations on AG 124 Comprehensive and Integrated WTO Plan of Action for the least-developed country Members (1996) WTO 87, 93 Declaration on Trade in Information Technology Products WTO 35, 46, GATT 79-80 information exchange (GATS XIX) GATS 106 Least-Developed and Net Food-Importing Countries, Decision on Measures concerning the Possible Negative Effects of the Reform Programme, implementation (AG 16) AG 96, 103 TMB, role and procedures ATC 119 working groups established by (“Singapore issues”) WTO 35 WTO as forum for negotiations concerning multilateral trade relations, recommendations relating to WTO 16 small economies (Doha Declaration) trade-related measures to improve integration into multilateral trading system WTO 90 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2) DSU 6-10 AD 17, whether AD 591-2, 607, 662, DSU 7-9 Balance of Payments Understanding (BOP), whether DSU 5 conflict with DSU provisions, precedence in case of (WTO, Annex 1A) DSU 6, 242 precedence SCM 193 SCM 4.11 as SCM 192-3, 197, DSU 717-18, 763, 764, 766-7 SCM 30 as SCM 390 special and differential treatment for developing country Members (Doha Declaration): see also least developed country Members framework for establishing modalities (July package (Annex A)) Decision on Implementation-Related Issues and Concerns (para. 12) July package (para. 1(d) and Annex A, paras. 22-5) review, need for AD 576 mandatory provisions, identification of and implications of conversion of non-mandatory provisions, developing country Members (AD 15) AD 576 technical assistance and financial assistance and training SPS 182-3 terms of reference of panels (DSU 7) and DSU 415 special and differential treatment (SPS 10) “longer time-frames for compliance” (SPS 10.2), Decision on Implementation-Related Issues and Concerns (para. 3.1), SPS 185 phased introduction of new measures SPS 186 technical assistance and financial assistance and training (Doha declaration) SPS 182-3 transparency, enhancement SPS 184 special and differential treatment (VAL 20/VAL, Annex III) continued application of 1979 Agreement VAL 25 delayed application of Customs Valuation Agreement, Arts. 1 and 6 (VAL 20.2) VAL 29 delayed application of Customs Valuation Agreement (VAL 20.1) Decision on Implementation-Related Issues and Concerns and VAL 28 requests for VAL 27 reservations relating to application of VAL 5.2 (Annex III, para. 4) VAL 41 officially established minimum values (Annex III, para. 2) VAL 8 decision on texts relating to VAL 38 Members making VAL 30 reversal of sequential order of VAL 5 and 6 (VAL 4) VAL 6, 40 technical assistance programmes (VAL 20.3) VAL 30 calculation method (AG 5.5), right of choice AG 48 c.i.f. import price (AG 5(1)(b)) AG 43-7 customary international trade usage AG 44 market access (AG 4) and AG 21-2 Special Sessions: see agriculture (Doha Round), Special Session of Agriculture Committee; Council for TRIPS, Special Session; Dispute Settlement Body (DSB), Special Session for the negotiation of improvements to and clarifications of the DSU; progressive liberalization negotiations (GATS XIX:3 and Doha Declaration, para. 15), Special Session of the Council for Trade in Services; trade and environment (Doha Declaration, paras. 31-3), negotiations on relationship between WTO rules and MEAs (Doha Declaration), Special Session of the Trade and Environment, Committee on specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement SCM 392 action under other relevant provisions of GATT 1994 distinguished (AD 18.1, footnote 24) GATT 322, 324-6, AD 666-8, 670-2 clarificatory nature of footnotes AD 671 calculation of amount of subsidy (SCM 14(d)) and SCM 397 “except in accordance with the provisions” GATT 331, AD 669, SCM 392-4 “legislation as such” AD 596 “practices”, limitation to GATT 326 SPS Agreement: see also Equivalence, Decision on Implementation of SPS 4; harmonization of SPS measures (SPS 3); precautionary principle (SPS Agreement); risk assessment need for (SPS 5.1-5.3 and Annex A, para. 4); special and differential treatment (SPS 10); SPS Committee; technical assistance (SPS 9); transparency of SPS regulations (SPS 7 and Annex B) administration (SPS 12): see SPS Committee applicability (SPS 1.1) GATT XX(b), relevance SPS 211 measures in existence before entry into force of SPS agreement SPS 6, 206 measures taken by body other than central government (SPS 13) SPS 205 phytosanitary measure affecting international trade SPS 5, 210 basic rights and obligations (SPS 2) arbitrary or unjustifiable discrimination, exclusion (SPS 2.3) SPS 38-45 appropriate level of protection and (SPS 5.5) SPS 41-5 discrimination between different products SPS 39 requirements SPS 38 as balance between promotion of international trade and protection of human, animal or plant life or health SPS 8, 100: see also General Exceptions (GATT XX), measures necessary to protect human, animal or plant life or health (GATT XX(b)) “only to the extent necessary”, trade-restrictive measures, exclusion (SPS 5.4-6) and SPS 33 harmonization of measures (SPS 3) SPS 57, 59, 62, DSU 1012, 1016 international standards, guidelines and recommendations, possibility of non-compliance or non-existence (SPS 5.8) SPS 59, 171 measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6) SPS 158 measures which conform to international standards, presumption of consistency with SPS/GATT (SPS 3.2) SPS 57, 59, 62-3, DSU 1012, 1016 risk assessment (SPS 5) SPS 171 scientific evidence, sufficiency (SPS 2.2) SPS 17-20 scientific evidence, sufficiency (SPS 5.7) SPS 168 control, inspection and approval procedures (Annex C) SPS 230 definitions (Annex A) “risk assessment” (Annex A, para. 4): see risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) “sanitary measure” (Annex A, paras. 1(a) and 1(b)) SPS 213 GATT and: see also order of analysis implementation (SPS 13) Decision on Implementation-Related Issues and Concerns measures taken by body other than central government SPS 205 review and monitoring (SPS 12.7), procedures SPS 202-4 interpretation, applicability to pre-existing situations and measures DSU 66 Preamble international standards, guidelines and recommendations, as adopted by relevant international organizations SPS 1 precautionary principle and SPS 3: see also precautionary principle (SPS Agreement) quantitative restrictions (GATT XI) and GATT 425 TBT Agreement, applicability to (TBT 1.5) SPS 207, TBT 4 SPS Committee: see also SPS Agreement cooperation with relevant international organizations (SPS 12.3) cooperation agreements with WTO and OIE (1998) SPS 198 Decision on Implementation-Related Issues and Concerns (para. 3.5) Decision on Implementation of SPS 4 SPS 78-93: see also Equivalence Decision on Implementation of SPS 4 programme for implementation SPS 93 establishment WTO 72 monitoring of international standards (SPS 12.4), procedures SPS 201 observer status SPS 199 review of implementation and monitoring of SPS Agreement (SPS 12.7), procedures SPS 202-4 Decision on Implementation-Related Issues and Concerns (para. 3.4) rules of procedure (1997) WTO 73, SPS 197 SPS measures, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5) arbitrary or unjustifiable inconsistencies, exclusion SPS 33, 139 cumulative nature of obligations SPS 45, 133 discrimination or disguised restriction of trade resulting from inconsistency SPS 33, 133, 141-3 distinctions in the level of protection in different situations, comparability SPS 135-8 Guidelines to Further the Practical Implementation of Article 5.5 (2000) SPS 144 adoption SPS 144 legal obligation, whether SPS 134 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 Member’s explicit statement, right of Panel/AB to challenge SPS 152 Member’s obligation SPS 151 as preliminary to decision on measure SPS 153 sufficient scientific evidence (SPS 2.2) and SPS 160-1 “taking into account technical and economic feasibility” SPS 155 burden of proof SPS 158 cumulative nature of obligations SPS 147-8 recommendations of relevant international organizations and SPS 65 requirements (SPS 5.6, footnote 3) SPS 147 Staff Regulations and Staff Rules (WTO Secretariat) WTO 145 Standards of Conduct in the WTO WTO 146 standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6) alleged failure of panel to make objective assessment (DSU 11), need for inclusion in notice of appeal/clear argumentation DSU 866-8 classification as issue of law or fact 446-53 alleged failure of panel to make objective assessment (DSU 11) DSU 343, 350, 451, 453 compliance/consistency with treaty obligations DSU 448 assessment of municipal law for purpose of determining DSU 452 evaluation of the evidence DSU 450, 1006 “like products” (GATT II:2), determination as DSU 446 panel’s classification of measure, relevance DSU 454 completion of the legal analysis in case of DSU 461-75 agreement with panel DSU 466 contentiousness/omission/insufficiency of facts DSU 466-75 disagreement with the panel DSU 469-70 insufficient argument of novel issue DSU 470 Panel’s failure to address correct issue SPS 104, 160, DSU 465 excess of jurisdiction, in absence of claim by party DSU 863 findings or developed legal interpretations, limitation to (DSU 17.13) GATT 441, DSU 446, 455-6, 479-81 issues not identified during Panel proceedings DSU 457 issues not litigated before Panel SCM 120 matters challenged by parties, limitation to GATT 717 jurisdictional issues distinguished DSU 863 new facts DSU 460 non-applicability to covered agreements other than Anti-Dumping Agreement including the SCM and SPS Agreements SCM 426, DSU 393-4 non-discriminatory administration of quantitative restrictions (GATT XIII), determination DSU 447 standard/powers of review (panel) (AD 17.6) assessment of the facts (AD 17.6(i)) AD 3.1 (determination of injury) distinguished AD 113 AD 5.3 (sufficiency of evidence), applicability to AD 256-9, 648 applicability to investigating authority AD 158, 636 de novo review, exclusion AD 622, 627, 629-30 DSU 11 compared AD 640-1, DSU 343 “unbiased and objective” AD 634-5 “facts made available” (AD 17.5(ii)) disclosure/discernibility to interested parties by time of final determination, relevance AD 114, 623, 632-3, 635 documents created for purposes of dispute AD 624 evidence before authority at time of determination, limitation to AD 631, DSU 958-9 examination to be based on AD 622-4, 632 limitation to AD 629 interpretation of relevant provisions of AD (AD 17.6(ii)) in accordance with customary rules of interpretation of public international law AD 642, DSU 85 “admits of more than one permissible interpretation” AD 643, 645 assessment of the facts (AD 17.6(i)) and, cumulative effect AD 646 DSU 11 compared AD 644 investigating authorities’ establishment of the facts (AD 17.6(i)) “establishment” AD 632 evaluation as at time of determination AD 638-9 standard/powers of review (panel) (DSU 11): see also information or technical advice, panel’s right to seek (DSU 13/SPS 11.2); judicial economy; legislation as such, right to challenge (WTO XVI:4); notice of appeal, requirements (ABWP 20(2)); panel reports, rationale, need for (DSU 12.7); terms of reference of panels (DSU 7) applicability to SG/GATT XIX GATT 526, AG 107, 145 balance of payments measures (BOP Understanding, footnote 1) GATT 489-91 “make such other findings” DSU 339 objections, requirements opportunity to cure procedural defect and DSU 937-8 timeliness DSU 249-50, 980, 981 “objective assessment of the facts” DSU 343, 451 de novo review, exclusion GATT 526, AD 199, 622, AG 107, 149, DSU 326-7, 348, 381-7 evidence, alleged disregard or distortion by panel discretion in assessment of evidence GATT 609, DSU 339-49 discretion in selection of evidence to refer to explicitly DSU 337, 339, 345, 349 egregious error, need for DSU 347, 350-4 obligation to examine and evaluate all the evidence available to it AG 145, DSU 337-8, 342 evidence other than that submitted by parties, right to consider DSU 338, 995 facts available at time of establishment of panel, limitation to DSU 794 methodology for evaluating increase in imports (SG 2.1/GATT XIX:1(a)) AG 35-7 “objective assessment of matter before it” AD 17.6(ii) compared AD 644 all arguments, need to consider DSU 22, 333, 1034 all legal claims, need to consider under DSU 3.2 DSU 337 n. 492, 1032 “positive solution” requirement (DSU 3 7) and DSU 92 allegation of failure to make, seriousness DSU 330 error of law application of burden of proof rules DSU 354, 1015 equation of “based on” and “conform to” SPS 69, 97 events during proceedings, exclusion from panel’s considerations DSU 500 expert evidence, panel’s obligation to make independent assessment SPS 26, DSU 336, 348 failure to make as abuse of discretion DSU 367 panel established under ATC 8.10 DSU 389 SCM 4.2 (statement of available evidence) and SCM 149 ultra petita finding on provision not before it AG 215, DSU 288, 331, 335, 930 preliminary ruling on, obligation DSU 247, 289 reasoned and adequate explanation (SG 3.1), need to confirm GATT 526-8, 537, 540, AG 146-9, DSU 381-90 relevant factors evaluation of all relevant factors, need for AD 629 n. 809 position of Member at time of determination ATC 44, AD 629 n. 809 risk assessment (SPS Agreement), exclusion SPS 23, 94-6 serious damage or actual threat thereof (ATC 6.2)/SG 4, Member’s determination of evidence available to Member, limitation to ATC 44, DSU 374 statement to TMB, admissibility ATC 41-2, DSU 388 temporal scope, evidence available to Member, limitation to ATC 44, DSU 374 Standards of Conduct in the WTO WTO 146 Member suffering serious prejudice, limitation to (SCM 7.2) SCM 217 SCM 6.3(a) SCM 211 standing/right to bring claim (DSU 3.7), legal interest, relevance DSU 90, 143, 158-60, 319 State emblems, official hallmarks and emblems of intergovernmental organizations (PC 6ter) TRIPS 9-10 State responsibility for breach of international obligations for acts or omissions of common organ, responsibility of individual States for DSU 68-9, 171 countermeasures SCM 174, AG 222, DSU 71, 770 legislation as such and DSU 70, 778 proportionality ATC 87, AG 222, DSU 71-2 State trading enterprises (GATT XVII) balance of payments restrictions (GATT XII) and GATT 428 GATT practice GATT 464, 466, 478, 480 “illustrative list showing … relationships … and kinds of activities … relevant for the purposes of Art. XVII” GATT 474 market access (AG 4), measures required to be converted into ordinary customs duties (AG 4.2 and footnote 1) GATT 487 measures affecting imported products (internal measures) and measure affecting importation (border taxes), difficulty of distinguishing GATT 126 national treatment, regulatory discrimination (GATT III:4) and GATT 403 notification requirements (GATT XVII:4/Understanding on the Interpretation of Art. VII) GATT practice GATT 469 questionnaire GATT 471 time limits GATT 467 obligation to act consistently with GATT general principles of non-discriminatory treatment (GATT XVII:1(a)) GATT 138, 463 GATT XVII:1(b), relationship GATT 459-61 GATT practice GATT 139, 422, 478, 480, 481-2 Operations of State Trading Enterprises as they Relate to International Trade (1995) GATT 475 quantitative restrictions (GATT XI:1) GATT 407-9 GATT practice GATT 484 “restrictions made effective through state-trading organizations” (Ad Articles XI, XI, XIII, XIV and XVIII) GATT 403, 407, 423, 428 treatment no less favourable than that provided in appropriate schedule (GATT II:1(a)) and GATT 477 GATT practice GATT 478 Understanding on the Interpretation of Article XVII GATT 470-5 State Trading Enterprises, Working Party on annual reports to Council for Trade in Goods WTO 71 n. 101 establishment WTO 71, GATT 472-3 notifications, establishment of time limits for GATT 467 rules of procedure, absence WTO 75 terms of reference WTO 75 statements of TMB: see Textiles Monitoring Body (TMB), statements relating to Checklist of Issues GATS 67 Working Party on GATS Rules, negotiations GATS 66 subsidies (GATT XVI), GATT practice GATT 438 subsidy, calculation in terms of benefit to recipient (SCM 14) adequacy of remuneration (SCM 14(d)) inclusion of Government data, effect SCM 79, 268 “prevailing market conditions” SCM 75, 263-8 “benefit” (SCM 1.1(b)) and SCM 73-5 difference of payment on guaranteed and non-guaranteed loan (SCM 14(c)) SCM 74, 260-1 practice at time of bestowal (SCM 1.1), relevance SCM 258 “to recipient” (chapeau) SCM 265 subsidy, definition (SCM 1): see also export subsidy, prohibited (AG 3.3); payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)), “financed”; subsidy, definition (SCM 1) Agreement on Agriculture, applicability to AG 6-7 conferral of benefit (SCM 1.1(b)) “benefit” SCM 45-51, 265 n. 379 provision of services not available in the market, whether SCM 63 rebuttal of prima facie case SCM 70-1 “is conferred” SCM 54 passing the benefit through SCM 65-9 “countervailing duty” (SCM 10, footnote 36) and SCM 237, 239-40 privatization, effect SCM 65-6 “recipient of a benefit” SCM 52-3 SCM 1.1(a) and SCM 72 SCM Annex IV and SCM 78 subsidy programmes as such, right to challenge (mandatory/discretionary distinction) SCM 56-9, 478-80 fiscal advantages, relevance SCM 61 “direct subsidies, including payments-in-kind” (AG 9.1(a)), payment-in-kind, as direct subsidy AG 56 financial contribution (SCM 1.1(a)(1)) AG 6-7, SCM 9-10, 498 conferral of benefit (SCM 1.1(b)) as parallel requirement SCM 2-7 direct transfer of funds (SCM 1.1(a)(1)) SCM 11-14 direct transfer of funds (SCM 1.1(a)(1)), timing of transfer, relevance SCM 17 exemption from or remission of internal taxes upon exportation (SCM 1.1(a)(1)(ii), footnote 1) SCM 27 foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)) SCM 500: see also tax exemption, as circumvention of export subsidy commitments (SCM 1) national tax rules as normative benchmark SCM 23 “otherwise due” /basis of comparison (“but for” test) SCM 18-19, 23-5 payments to a funding mechanism (SCM 1.1(a)(1)(iv)) SCM 8, 38-44 “entrusts or directs” SCM 39-40 “private body” SCM 41 “type of function” SCM 37, 42-3 potential direct transfer of funds (SCM 1.1(a)(1)) SCM 15-16 preparatory work (VCLT 32) SCM 8 provision of goods or services (SCM 1.1(a)(1)(iii)) “goods” and “products” distinguished SCM 33 natural resources, applicability to SCM 34-5 “provides” SCM 29 “provision” and “purchase” distinguished SCM 28, 501 SCM 14(d), relevance SCM 262 transfer of economic resources from grantor to recipient for less than full consideration AG 56, SCM 8 level of subsidy, relevance SCM 256 principles determining (SCM 2.1) relevant factors other than those listed under SCM 2.1(a) and (b) (SCM 2.1(c)) SCM 85 relevant factors other than those listed under SCM 2.1(a) and (b) (SCM 2.1(c)). “account be taken of” SCM 86 subsidy “contingent upon the use of domestic over imported goods” (SCM 3.1(b)) SCM 87 sunset review (AD 11.3) (including “likelihood” test) company-specific determination, need for AD 528 cumulative assessment (AD 3.3), applicability AD 537 de minimis test (AD 5.8), applicability AD 534-6 duration and review of anti-dumping duties (AD 11.2) and AD 504 investigatory role of authorities AD 513-14 mandatory rule/exception AD 510-11 methodology absence of specific provision AD 517-23, 528, 529 dumping margins, relevance AD 518-19 “likelihood of injury” obligations (AD 3), applicability AD 520-3 original investigation distinguished AD 512 overall/separate factor determination AD 542 “positive evidence”, need for AD 514, 515-16 presumptions, exclusion AD 524-7 self-initiation, applicability of AD 5.6 evidentiary standards AD 532-3 a “clearly foreseen and imminent” change of circumstances (AD 3.7), relevance AD 530 AD 11.2 standard, applicability SCM 309 burden/standard of proof original investigation requirements (SCM 11 and 12) distinguished SCM 305-6 SCM 11.6, relevance SCM 314-15 de minimis standard termination of investigation provisions (SCM 11.9) distinguished SCM 250, 316-17 as threshold test SCM 251, 256 object and purpose of SCM as a whole SCM 315 original investigation requirements distinguished SCM 305-6, 312-13 “likely to lead to continuation or recurrence of subsidization and injury” test (SCM 21.3) SCM 308-10 preparatory work (VCLT 32) SCM 257 self-initiation, right of SCM 303 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22): see also arbitration (DSU 22.6); arbitration (DSU 25); countermeasures in case of failure to comply with panel or AB report within specified time-period (SCM 4.10) authorization, need for (DSU 3.7, 22.6 and 23.2(c)) DSU 784 suspension without authorization as breach of DSU 3.7 DSU 785 examples of agreement to DSU 750-62 table of authorizations DSU 762 level equivalent to nullification or impairment (DSU 22.4) DSU 660 aggregate effects on suppliers as a whole DSU 718 “appropriate” (GATT 1947: XXIII:2) distinguished DSU 741, 746 “appropriate” (SCM 4.10) distinguished SCM 181, 197, DSU 746, 767 Article 22.6 Arbitrator’s right to review DSU 702 Article 25.3 Arbitrator’s right to review DSU 788, 790-1 benefits foregone by right holders and Member distinguished DSU 793 “carousel” type suspension DSU 665 changes in level after authorization DSU 725-6 comparability of bases, need for DSU 729 court judgments and DSU 719, 757 critical date DSU 794 deterrent/”chilling” effect DSU 721 disbursements operating as subsidies DSU 724 double-counting DSU 723 economic benefits as measure DSU 792 “equivalent” qualitative test DSU 736-8, 757 quantitative test DSU 732-4, 742 indirect benefits and DSU 522 litigation costs and DSU 722 lost opportunities, relevance DSU 709 national treatment provisions (GATT III) distinguished DSU 709 nullification or impairment (DSU 3.8) distinguished DSU 709 proportionality, need for ATC 87 reasoned estimates, need for DSU 713-16 responsibility of Member to ensure DSU 665 SCM 3 and 4 (prohibited subsidies) distinguished SCM 181, 197, DSU 765 settlement agreements and DSU 720, 757 trade effect and DSU 712 zero level, exclusion DSU 710 nature and purpose of counter measures DSU 646-53 “or other obligations”, authorization to suspend (DSU 22.2) DSU 666-71 specificity requirement DSU 672-3 review of implementation of DSB rulings (DSU 21.5) and DSU 614 suspension in other sectors (DSU 22.3(b))/under other agreements (DSU 22.3(c)), relationship between DSU 681 suspension in same sector as violation as preferred option (DSU 22.3(a)) DSU 676-7 “if that party considers that it is not practical or effective” (DSU 22.3(b) and (c)) DSU 679-80 “sectors” DSU 677 as temporary measure (DSU 22.8) DSU 646 sustainable development (Doha Declaration, para. 6): see also “exhaustible natural resources” (GATT XX(g)), sustainable development as objective World Summit on Sustainable Development (Johannesburg) (2002) Enabling Clause notifications GSP schemes GATT 31 special treatment of least-developed country Members GATT 40
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