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Brazil — Aircraft (WT/DS46/AB/R)     back to top

Anti-Dumping Agreement (AD), consultation and dispute settlement (AD 17), “matter”, referral to DSB (AD 17.4), identification of measure at issue, need for (DSU 6.2) R.2.3.8

burden of proof

defences and exceptions B.3.3.4

SCM 3.1(a) (Annex I (Illustrative List of Export Subsidies))/SCM 27 (developing countries) B.3.3.4

onus probandi actori incumbit as general principle of evidence, defences/exceptions and B.3.3.4

compliance, confidentiality of proceedings (DSU 17.10/18.2) C.6.2

confidentiality of proceedings (DSU 17.10/18.2)

applicability to individuals on Members’ delegations (including non-government employees) B.4.3-4, C.6.2

Members’ responsibility for ensuring compliance C.6.2-3

business confidential information

additional procedures, need for B.4.1

Procedures Governing Business Confidential Information B.4.1, W.2.6.3-5

closed session meetings B.4.4

“proceedings” C.6.1

Rules of Conduct, Art. VII:1 and, applicability to AB Members B.4.4, C.6.2, W.2.4

consultations (DSU 4)

clarification of issues and, SCM 4.3 C.7.2, R.2.4.1, S.2.17.1

establishment of panel, as prerequisite R.2.4.1

measure at issue (DSU 4.4), as identified in request for establishment of panel (DSU 6.2), need for identity with, whether C.7.2, R.2.3.8, S.2.17.1

developing countries (SCM 27) S.2.35.1.1-4

obligations of developing country Members (SCM 27.4) (phase-out/standstill) S.2.35.1

on basis of level “granted” (SCM 27.4, Footnote 55) S.2.35.1.2-3

inflation, relevance S.2.35.1.4

as positive obligations S.2.35.1.1

“prohibited” subsidy status (SCM 3.1(a)) and S.2.35.1.1

special and differential nature of treatment S.2.35.1

export subsidy, definition

Illustrative List of Export Subsidies (SCM Annex I)

export credits at rates below actual cost of funds so employed (item (k)) S.2.40.1

“used to secure a material advantage” S.2.40.1

interpretation of covered agreements, specific terms and phrases, “proceedings” C.6.1

municipal law, contractual obligations under, relevance to compliance with WTO obligations S.2.19.3

payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)), cost of production, failure to recoup as, SCM Illustrative List of Export Subsidies, items (j) and (k) and S.2.40.1

request for establishment of panel, requirements (DSU 6.2)

consultations, indication as to whether held R.2.4.1

identification of specific measure at issue R.2.3.8

specific measure the subject of consultations, need for identity with, whether C.7.2, R.2.3.8

Rules of Conduct, applicability to AB Members B.4.4, C.6.2, W.2.4

SCM Agreement

consultations (SCM 4.1-4.4)

measure at issue (DSU 4.4), as identified in request for establishment of panel (DSU 6.2), need for identity with, whether C.7.2, R.2.3.8, S.2.17.1

need for S.2.17.1

to clarify the facts of the situation and arrive at mutually agreed solution (SCM 4.3) C.7.2, R.2.4.1, S.2.17.1

“withdrawal of subsidy without delay” (SCM 4.7) S.2.19.3

contractual obligations, relevance S.2.19.3

time-limits

DSU 21.3 provisions, relevance S.2.19.3

specification by panel S.2.19.3

Working Procedures (appellate review)

confidentiality (Rules of Conduct, Art. VII:1) B.4.4, C.6.2, W.2.4

Rules of Conduct, applicability (WP 8) B.4.4, C.6.2, W.2.4

 
Brazil — Aircraft (Article 21.5 — Canada) (WT/DS46/AB/RW)     back to top

burden of proof

defences and exceptions, SCM 3.1(a) (Annex I (Illustrative List of Export Subsidies))/SCM 27 (developing countries) B.3.3.6

onus probandi actori incumbit as general principle of evidence, defences/exceptions and B.3.3.6

export subsidy, definition

Illustrative List of Export Subsidies (SCM Annex I)

export credits at rates below actual cost of funds so employed (item (k)) S.2.40.2-4

“used to secure a material advantage” S.2.40.2-3

judicial economy, mootness of panel findings M.3.1

mootness of panel findings M.3.1

judicial economy and M.3.1

municipal law, defence to breach of international law, whether M.5.2

payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)), cost of production, failure to recoup as, SCM Illustrative List of Export Subsidies, items (j) and (k) and S.2.40.2-4

SCM Agreement

“withdrawal of subsidy without delay” (SCM 4.7) S.2.19.1

“withdraw” S.2.19.1

 
Brazil — Desiccated Coconut (WT/DS22/AB/R)     back to top

competence (panels), obligation to examine, ex proprio motu J.2.1.1

countervailing duties (SCM, Part V)

applicable law, entry into force of WTO Agreement, relevance S.2.41.2

compliance with GATT VI:3 and SCM Agreement (SCM 10) S.2.41.1-2

due process (dispute settlement proceedings), terms of reference, role D.2.2.1, J.2.1.1, R.2.1.1, T.6.1.2

GATT 1947, continuing relevance under WTO S.2.41.2

GATT 1994, WTO Agreement, incorporation into (WTO Annex 1A)

as agreement distinct from GATT 1947 S.2.41.2

GATT as integral part of WTO (WTO II:2) S.2.41.2

interpretation of covered agreements, guidelines, ordinary meaning S.2.41.1

interpretation of covered agreements, means

context S.2.41.1

GATT VI/SCM Agreement, interrelationship S.2.41.1-2

non-retroactivity of treaties (VC 28) P.3.4.1, T.5.1.1-2

as general principle of international law P.3.4.1

pre-existing rights, countervailing duties (SCM 32.3) S.2.41.2

request for establishment of panel, requirements (DSU 6.2), legal basis of claim, arguments distinguished C.1.1

SCM Agreement

applicability

investigations and reviews of existing measures, initiated … on or after date of entry into force of WTO Agreement (SCM 32.3) S.2.41.2

retroactive T.5.1.1-2

terms of reference of panels (DSU 7)

as definition of jurisdiction/legal claims at issue D.2.2.1, J.2.1.1, R.2.1.1, T.6.1.1-2

legal claim included in terms of reference, limitation of jurisdiction to T.6.1.2

due process and D.2.2.1, J.2.1.1, R.2.1.1, T.6.1.2

“matter referred to the DSB”, as identified in DSU 6.2 C.1.1, J.2.1.2, R.2.1.2

WTO Agreement

conflict between constituent covered agreements, precedence (WTO, Annex 1A) S.2.41.1

integral parts (WTO II) S.2.41.1, S.2.41.2

DSU as evidence of S.2.41.2

object and purpose (preamble) S.2.41.2

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.