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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. |
abuse of rights/abus de droit pacta sunt servanda/performance in good faith (VC 26) DSU 41 withdrawal of notice of appeal (WP 30) as DSU 388 accession (WTO XII) accessions (WTO XII:1) WTO 308 accessions (WTO XII:2) WTO 314 Decision-Making Procedures Under Articles IX and XII of the WTO Agreement, Council decision (1995) WTO 281, 310 Plurilateral Trade Agreements (WTO XII:3) WTO 317-19 Secretariat Note on procedures (1995) WTO 309 terms of reference WTO 313 working parties under GATT 1947, succession WTO 307, 312 accession (WTO XXXIII) WTO 360 Accountancy Sector, Disciplines on Domestic Regulation (1998) developing country Members (GATS IV:2) and GATS 33 GATS XVI and XVII obligations and GATS 44-5 transparency (GATS III) and GATS 27 Accountancy Sector, Guidelines for Mutual Recognition Agreements or Arrangements (GATS VII:4) GATS 48 adoption WTO 124 Doha Declaration on WTO 17 see also estoppel AD 5.5 violations and AD 218, 260 definition AD 218 activity function rules: see MFN treatment (GATT I:1), "advantage", allocation of tariff quotas ADP Committee: see Committee on Anti-Dumping Practices adverse inferences from party's refusal to provide information, panel's right to draw (DSU 13) DSU 350 see also nullification or impairment (DSU 3.8); "serious prejudice" (SCM 5(c)); "serious prejudice" (SCM 6) judicial economy and DSU 313-14 obligation to respond promptly to panel's requests for information and (DSU 13.1), confidential information and SG 80, 82, DSU 350 Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3) "constituent data and methodology" (AG 1(a)(ii)) AG 3-5 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 115 "provisions of Annex 3" / "constituent data and methodology" (AG 1(a)(ii)), priority AG 4 total AMS (AG 1(h)), calculation AG 3n.6, 11 Agreement on Agriculture (AG) see also Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3); Committee on Agriculture; 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) consultation and dispute settlement (AG 19), table of disputes AG 110 export competition commitments (AG 8), waiver AG 54 GATT 1994 and (AG 21.1) market access concessions and commitments (AG 4.1) and GATT 88, AG 113 "ordinary customs duties" (AG 4.2) and GATT 92 green box, Doha recommendation WTO 36, AG 90 Modalities Paper and, non-discrimination (GATT XIII) and GATT 413, AG 113 non-tariff measures and GATT 360 object and purpose (Preamble) on-going reform AG 113 Uruguay Round Ministerial Declaration AG 1 Mid-Term Review AG 2 reform process, obligation to continue (AG 20) launch of new round of negotiations (2000) AG 112 Singapore Ministerial Conference decision AG 111 review of implementation of commitments (AG 18) annual consultations (AG 18.5) AG 107 counter notifications (AG 18.7) AG 109 notification requirements (AG 18.2) AG 105-6 developing country Members AG 106 opportunity to raise matter relevant to implementation commitments (AG 18.6) AG 108 procedure AG 104 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) Agreement on the Application of Sanitary and Phytosanitary Measures: see Committee on Sanitary and Phytosanitary Measures (SPS Committee); SPS Agreement 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 12 Agreement on Subsidies and Countervailing Measures: see SCM Agreement Agreement on Trade in Civil Aircraft: see Civil Aircraft, Agreement on Trade in Agreement on Trade-Related Investment Measures (TRIMS): see TRIMS Agreement AG Art. 20 mandate WTO 33 Doha Declaration recognition of work under WTO 33, 35 mandate WTO 33 special and differential treatment WTO 35, 73 objectives fair and market-oriented trading system through programme of fundamental reform (WTO Agreement) WTO 34-5 reductions, with view to phasing out, of all forms of export subsidies WTO 34-5, 73,/A/> substantial improvements in market access WTO 34-5, 73 substantial reductions in trade-distorting domestic support WTO 34-5, 73 "single undertaking" principle and WTO 33 Special Session of Committee on Agriculture adoption of work programme for March 2002-March 2003 WTO 74 establishment WTO 72 overview paper as basis for review of possible modalities WTO 74 legal effect WTO 74n.92 responsibility for negotiations WTO 37, 71 timetable WTO 36 aims and effects test: consider gathering together AIR: see Civil Aircraft, Agreement on Trade in Air Transport Services (GATS, Annex), review (Annex, para. 5) GATS 108 amicus curiae briefs DSU 320, 337-9 additional procedures DSU 380, 625 containing another party's confidential information DSU 394, 620 preliminary ruling DSU 620, 625 animals, patents: see biodiversity, protection consultation and dispute settlement (AD 17): see consultation and dispute settlement (AD 17) standard/powers of review (AD 17.6): see standard/powers of review (AD 17.6) Anti-Dumping Agreement (AD), applicability (AD 18.3) pre-/post-WTO reviews AD 542 "reviews of existing measures" AD 541 Anti-Dumping Agreement (AD), clarification and improvement of disciplines (Doha Round) developing and least-developed country Members, respect for needs of WTO 52 Negotiating Group on Rules, responsibility for negotiations WTO 80-1 "single undertaking" principle and WTO 80 Anti-Dumping Agreement (AD), data collection, period for (AD 2 and AD 3) AD 100 absence of provision AD 80, 100 Committee on Anti-Dumping Practices, Recommendation (2000) AD 7, 100 as indication of Members' understanding of appropriate implementation practice AD 100n.122 public notice of determination (AD 12.2), inclusion of reasons for AD 7, 439 Anti-Dumping Agreement (AD), data collection, period for (AD 10.6) AD 407 Anti-Dumping Agreement (AD), Decision on Implementation-Related Issues and Concerns and WTO 54 annual review of implementation and operation of Agreement, guidelines for improvement WTO 54, AD 545-6 anti-dumping investigations, restrictions on WTO 54 clarification of Art. 15 WTO 54 determination of volume of dumped imports, clarification of time-frame WTO 54 initiation of anti-dumping investigation AD 176 Anti-Dumping Agreement (AD), determination of dumping (AD 2) calculation of administrative, selling and general costs and profits (AD 2.2.2) actual books and records as basis AD 28, 32 methods hierarchical, whether AD 29 Members' freedom of choice AD 29 reasonable reflection of costs associated with the production and sale of article AD 28 "same general category of products" AD 31-3 "weighted average" (AD 2.2.2(ii)), single exporter or producer, sufficiency AD 34, 389 calculation of dumping margins (AD 2.4) "as nearly as possible the same time" AD 66-7 calculation of "all other" anti-dumping duty rate (AD 9.4), applicability to AD 388 comparison of weighted average normal value with weighted average of all comparable export transactions AD 388 comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2) AD 60 imposition and collection of anti-dumping duties (AD 9), relevance AD 68n.92 multiple averaging (AD 2.4.2) AD 64-5 objective assessment for purposes of initiation of anti-dumping investigation (AD 5.3) and AD 201-2 product types/product as a whole (AD 2.4.2) AD 63 targeted dumping AD 68 "margins" of dumping AD 58-9 calculation of normal value, eligible transactions, requirements (AD 2.1) affiliated party transactions AD 10 comparability of price AD 9 "like product" AD 9 sale "destined for consumption in exporting country" AD 9 sale "in ordinary course of trade" AD 9, 11-12 constituent elements, intention of dumping, whether (AD 2/GATT VI:1) GATT 309 cost data (AD 2.2.1.1) burden of proof AD 27 "in accordance with generally accepting accounting principles" AD 26 "reasonably reflect costs" requirement AD 28 "reasonably reflect costs" requirements AD 26 data collection, period for: see Anti-Dumping Agreement (AD), data collection, period for (AD 2 and AD 3) export price, construction in absence of [reliable] actual export price AD 9 fair comparison (AD 2.4) distinguished AD 40 fair comparison of export price and normal value (AD 2.4) affiliated party transactions AD 10 construction of normal value (AD 2.2) distinguished AD 40 determination of individual margins (AD 6.10) distinguished AD 362n.453, 367 "due allowance" "costs ... incurred between importation and resale" AD 52 differences in "terms and conditions of sale" AD 48-50 "differences which affect price comparability" AD 47 "in each case, on its merits" AD 45-6 legal effect/"should also be made" AD 51 risk of bankruptcy, relevance AD 48-50 for unforeseeable costs AD 52 exchange rates and (AD 2.4.1) AD 54-7 determination of relevant currency AD 56 general "fair comparison" requirement and AD 57 when "required" AD 55 "fair comparison" AD 42 burden of proof, relevance AD 42 responsibility for AD 53 "sales made at as nearly as possible the same time" AD 44 "normal value ... in the ordinary course of trade" (AD 2.1) fairness, need for AD 13 prices above or below ordinary course of trade price AD 15-17 sales not in normal course of trade, exclusion AD 14 scrutiny, rules governing AD 18 period of investigation (POI), extension in course of investigation (AD, Annex II, para. 1) AD 309 records kept by the exporter or producer under investigation, limitation to AD 26 relationship between AD 2 and AD 5 AD 177-8, 180-1, 182-3, 194 paragraphs of AD 2 AD 8 sales transaction not "in the ordinary course of trade" affiliated party transactions AD 19-20 sales below cost, method for determining whether (AD 2.2.1) AD 25 alternative methods, possibility of AD 12, 25 weighted average (AD 2.2.2(ii)) and AD 35-6 Anti-Dumping Agreement (AD), determination of injury (AD 3) calculation of volume of dumped imports, "positive evidence" / "objective examination" requirement (AD 3.1): see Anti-Dumping Agreement (AD), determination of injury (AD 3), "positive evidence" / "objective examination" requirement (AD 3.1) country by country analysis/cumulative assessment of volume and prices (AD 3.2) "consider ... a significant increase in dumped imports" "consider" AD 101 "significant", designation as, relevance AD 101 effect at regional level, sufficiency AD 104 "effect of the dumped imports on prices", objective assessment AD 103 frequency of analysis AD 99 methods, Members' freedom of choice AD 97 price-undercutting AD 105 data collection, period for: see Anti-Dumping Agreement (AD), data collection, period for (AD 2 and AD 3) as detailed version of GATT VI GATT 318, AD 168-9 domestic production of like product, assessment of effect on (AD 3.6), sectoral analysis, right to AD 143 "dumped imports" AD 93-4, 108, 135 evaluation of injury factors (AD 3.4) all relevant economic factors and indices, need to examine AD 111 checklist approach AD 124 eventual relevance of factor, relevance AD 113, 116 "factors affecting domestic prices" AD 129 factors not involving material injury, right to consider AD 148 factors not listed in AD 3.4, right to consider AD 117-18 grammatical structure, relevance AD 112, 115 "growth" AD 130 "having a bearing on" AD 119, 128 "profits", as factor/factors relating to distinguished AD 128 "shall include" (mandatory/illustrative nature of list) AD 112-16 consideration of each factor, need to be "apparent" in final determination AD 113, 122-3, 124-5 "domestic industry" companies outside domestic industry, relevance AD 110, 174 domestic producers outside selected example, relevance AD 109, 174 "evaluation" AD 120-1 examination of other known factors (AD 3.5) illustrative nature of list AD 138 "known" to investigating authority AD 136-7 manner of evaluating causal relationship (AD 3.5) AD 3.2 and AD 3.4 and AD 79, 119 non-attribution to dumped imports of injury caused by other factors (AD 3.5) AD 133, 134, 139-41 non-attribution to dumped imports of injury caused by other factors (AD 3.5), Agreement on Safeguards (SG 4.2(b)) compared AD 141, 170, 580 "objective examination" requirement (AD 3.1) AD 91, 92 sectoral analysis, right to AD 91, 111 SG 4.2 compared AD 116 written record of analysis, need for AD 126-7 "injury" (AG 3, footnote 9), domestic industry (AD 4) and AD 82, 171 "positive evidence" / "objective examination" requirement (AD 3.1) AD 84 AD 17.6 (standard of review) distinguished AD 88 "effect of the dumped imports on prices" (AD 3.2) AD 103 exclusion of "like" product as breach AD 95, 102 "objective examination" AD 90 evaluation of injury factors (AD 3.4) AD 91, 92, 111, 129 industry as a whole, need to examine AD 88 "positive" AD 85 undisclosed evidence AD 86-7, 506-7 substantive obligations as focus of AD 3, underlying principles (AD 3.1) AD 78-9 threat of material injury (AD 3.7) AD 3.4 factors and AD 148-9 AD 5.3 and AD 196-8 establishment "based on facts, not merely allegation, conjecture or remote possibility" AD 87 a "clearly foreseen and imminent" change of circumstances, need for AD 145, 150 "likelihood of substantially increased importation" (AD 3.7(i)) AD 146 "material injury would occur" AD 147-9 as responsibility of authorities AD 150, 166 Anti-Dumping Agreement (AD), developing country Members (AD 15): see developing country Members (AD 15) Anti-Dumping Agreement (AD), "domestic injury" (AD 4) "domestic producers" (AD 4.1), single domestic producer, applicability to AD 173 "injury" (AG 3, footnote 9) and AD 82, 171 Anti-Dumping Agreement (AD), evidentiary rules (AD 6), cooperation, standard, good faith and TRIPS 43 Anti-Dumping Agreement (AD), GATT 1994 VI and AD Agreement and GATT 1994 as integral part of WTO Agreement AD 398 dumping, constituent elements (AD 2/GATT VI:1) material injury to domestic industry or threat thereof GATT 309, 310 violation of AD 5 and AD 246 "may levy" (GATT VI:2) as limitation to Member's choice whether or not to impose anti-dumping duty (AD 9) GATT 299, 311, AD 398 GATT practice GATT 300 quantitative restrictions (GATT XI) and GATT 390 scope of GATT VI as clarified by AD 18.1 (specific action against dumping) GATT 298, 303, AD 537 "legislation as such" AD 475 separability of provisions GATT 317 violation of GATT VI, sufficiency for finding of violation of AD 2.1 and 2.2 GATT 316, AD 76 Anti-Dumping Agreement (AD), imposition and collection of anti-dumping duties (AD 9) assessment (AD 9.3), de minimis test, AD 5.8 distinguished AD 228, 383-5 calculation of "all other" anti-dumping duty rate (AD 9.4) avoidance of prejudice to non-investigate exporters AD 386 avoidance of prejudice to non-investigated exporters AD 386, 392 comparison of all comparable transactions (AD 2.4), need for AD 388 limitation of sample (AD 6.10) and AD 361 "margins" AD 388 margins established under circumstances referred to in AD 6.8, exclusion AD 387, 390-1 "established" AD 392 "legislation as such" and AD 476 method, absence of provision AD 387 single exporter or producer (AD 9.4(i)), sufficiency AD 389 zero/de minimis margins, exclusion AD 387 lesser duty, possibility of (AD 9.1) AD 463 relationships within and between agreements, AD 6.10/AD 9.4 AD 387 Anti-Dumping Agreement (AD), investigation (AD 5): see investigation of dumping (AD 5)/subsidy (SCM 11) Anti-Dumping Agreement (AD), obligation to ensure conformity with AD of domestic laws, regulations and administrative procedures (AD 18.4) dispute settlement procedures, applicability to AD 475 finding of non-conformity under any AD provision WTO 347, AD 548-9 maintenance of inconsistent legislation AD 543 Anti-Dumping Agreement (AD), principles (AD 1) "anti-dumping measure" AD 1 "initiated" (AD, footnote 1) AD 210 "initiated and conducted in accordance with the provisions of this Agreement" AD 2 violation of other AD provisions as evidence of breach of AD 1 AD 2, 452, 556 see also relationships within and between agreements Anti-Dumping Agreement (AD), public notice and explanation of determinations (AD 12): see public notice of preliminary or final determination (AD 12.2) Anti-Dumping Agreement (AD), sunset review (AD 11.3) see also countervailing duties (SCM, Part V), sunset review (SCM 21.3) "likelihood" test, duration and review of anti-dumping duties (AD 11.2) and AD 422 Anti-Dumping Agreement, duration and review of anti-dumping duties (AD 11) see also Anti-Dumping Agreement (AD), sunset review (AD 11.3) "injury" (AD 3, footnote 9) AD 420, 424 "likely to lead to continuation or recurrence" (AD 11.2) probability, need for AD 422 sunset review (AD 11.3) and AD 422 "necessary to offset dumping" (AD 11.2) AD 414-19 necessity (AD 11.1) and AD 413, 414 standard of proof AD 418, SCM 289 sunset review (AD 11.3) and AD 415, 416 necessity (AD 11.1) AD 409-11 "warranted" (AD 11.2) AD 423 Anti-Dumping Agreement, preparatory work (VC 32) AD 2.4.2 AD 64n.83 investigation of dumping, evidentiary rules (AD 6) determination of individual margins of dumping (AD 6.10), general rule/deviation from AD 360 notification to all interested parties of essential facts under consideration (AD 6.9), choice of means AD 353 Anti-Dumping Agreement, provisional measures (AD 7): see provisional measures (AD 7) Appellate Body (DSU 17) see also notice of appeal, requirements (AB/WP 20(2)) appointment of members (DSU 17.2) DSU 354 competence: see competence (AB) (DSU 17.6) establishment (DSU 17.1) DSU 353 working procedures: see Working Procedures (appellate review) (DSU 17.9) see also suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) right to participate in DSU 458 scope of review ad hoc procedural arrangements for implementation of DSB recommendations and rulings DSU 474 agreement/sector for which authorization is sought (DSU 22.3), limitation to DSU 486 determination of "equivalence" (DSU 22.3) DSU 511, 514-20 methodology paper, request for DSU 528-9 "nature of concession", exclusion (DSU 22.7) DSU 520, 530 WTO-consistency as prior consideration DSU 518-19 DSU 22.6 and DSU 22.7 compared DSU 505, 510 specificity requirements agreement and sectors (DSU 22.3) DSU 484, 486, 487, 530 arbitrators' margin of discretion DSU 493 DSU 6.2 requirements, applicability DSU 483, 504 product list DSU 530-1 specific level of suspension (DSU 22.4) DSU 484, 485, 520, 530 task of arbitrator (SCM 4.11) burden of proof, allocation SCM 192 determination of "appropriateness/appropriate" countermeasure SCM 188, DSU 516, 546-7 third party rights DSU 507-9 timing in relation to Article 21.5 arbitration DSU 465, 474 advantages DSU 560 applicable law AB practice DSU 565 burden of proof (DSU 22.6) DSU 558 DSU 21 and 22 (DSU 25.4) DSU 559, 566, 570 confidentiality of proceedings see also confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) applicability of AB practice DSU 565 Decision on improvements to the GATT dispute settlement procedures (1989) and DSU 570n.871 jurisdiction agreement of parties (DSU 25.1 and 25.2) as basis DSU 560, 569 Article 25 arbitration as alternative to panel procedure DSU 559, 567 compétence de la compétence DSU 557 determination of level of nullification or impairment (DSU 22.4) DSU 557, 559-60 determination of WTO-consistency of measure DSU 566 prompt and satisfactory resolution of disputes, Members' right to (DSU 3) and DSU 560, 572 procedural requirements Article 22.6 proceedings distinguished DSU 563, 571 consistency with WTO rules and principles, responsibilty for ensuring DSU 556 notification of arbitration to DSB, limitation to DSU 556, 568 Argentina, ATC safeguard measures (ATC 6), TMB discussion ATC 49, 72, 102, 103, 105-8 Argentina - Ceramic Tiles (Panel) Anti-Dumping Agreement (AD), 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 362n.453, 367 "due allowance", "in each case, on its merits" AD 45 Anti-Dumping Agreement (AD), imposition and collection of anti-dumping duties (AD 9), calculation of "all other" anti-dumping duty rate (AD 9.4), limitation of sample (AD 6.10) and AD 361 Anti-Dumping Agreement, preparatory work (VC 32), investigation of dumping, evidentiary rules (AD 6), notification to all interested parties of essential facts under consideration (AD 6.9), choice of means AD 353 implementation of recommendations and rulings of the DSB (DSU 21), prompt compliance (DSU 21.1), judicial economy and DSU 312 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 343 investigation of dumping, evidentiary rules (AD 6) accuracy of information, authorities' obligation to satisfy themselves (AD 6.6), as responsibility of authorities AD 296 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 343, 351 purpose AD 287 public notice of determinations (AD 12) and AD 344, 373 right to rely on AD 343-5, 451 unwarranted request for confidentiality, right to disregard information (AD 6.5.2) AD 344n.436 determination of individual margins of dumping (AD 6.10) individual margin for each known exporter or producer AD 362 exporter or producer not originally selected (AD 6.10.2) AD 362 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 350 reasons for disregarding information, need for AD 341 resort to, requirements AD 313 specification "in detail" (Annex II, para. 1) AD 312 "notice of the information ... and ample opportunity to present in writing all evidence" (AD 6.1), clear request for information, need for AD 247, 265, 312, 350 notification to all interested parties of essential facts under consideration (AD 6.9), choice of means at Member's discretion AD 353 on-the-spot verification (AD 6.7), as option AD 296n.350, 298, 553 judicial economy, discretionary nature, precise recommendations and rulings by DSB and DSU 312 nullification or impairment (DSU 3.8), adverse impact/prejudice, relevance DSU 82 public notice and explanation of determinations (AD 12), confidentiality of information (AD 6.5) and AD 344, 373 relationships within and between agreements AD 2.4/AD 6.10 AD 362n.453, 367 AD 6.1.1/AD 6.8 AD 265 AD 6.5/AD 12 AD 451 AD 6.5/other AD 6 paragraphs AD 293 AD 6.8/AD 3 AD 345 AD 6.10/AD 9.4 AD 361, 362, 397 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue DSU 82 Argentina - Footwear (EC) (AB) Agreement on Safeguards, as integral part of WTO Agreement WTO 12 competence (AB) (DSU 17.6), completion of legal analysis, in case of agreement with panel DSU 369 customs unions (GATT XXIV:5(a)) as defence or exception, on formation of customs union, limitation to, "would be prevented unless" requirement SG 46 definition (GATT XXIV:8(a)), internal trade arrangements (GATT XXIV:8(a)(i)) SG 46-7 safeguard measures (SG 2.1, footnote 1) GATT 639 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) coincidence of trends in imports and in injury factors SG 146-7 factors other than increased imports causing injury, non-attribution requirement SG 154 relevance in absence of serious injury SG 145, 170 evaluation of all relevant factors (SG 4.2(a)) SG 87 "such increased quantities", trends, need to examine SG 24, 35, 126-7 interpretation of covered agreements, guidelines consistency with article/agreement as a whole DSU 52 effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase WTO 12, DSU 52 object and purpose GATT 488-90, DSU 52 interpretation of covered agreements, means dictionaries GATT 486 same or closely related phrases in different agreements, GATT XIX:1(A)/SG 2.1 SG 6 interpretation of covered agreements, ordinary meaning "apply as single unit or on behalf of a member State" (SG 2.1, footnote 1) SG 46 "as a result of unforeseen developments" GATT 486, SG 6 "as a result of unforeseen developments" (GATT XIX(1)(A)) GATT 486 "conforms with the provisions" GATT 509, SG 5 judicial economy, discretionary nature DSU 308 relationships within and between agreements GATT XIX:1/SG 2 and 4 GATT 484, 493 SG 3.1/SG 4.2(a) SG 172 SG 3.1/SG 4.2(c) SG 172, DSU 222, 245 safeguard measures, determination of serious injury or threat thereof (SG 4), requirements, evaluation of all relevant factors (SG 4.2(a)) SG 114, DSU 294 safeguard measures (SG/GATT XIX), characteristics relationship between Safeguards Agreement and GATT XIX GATT 483 continuing applicability of GATT XIX GATT 509-10 rules for application of GATT XIX (SG 1 and 11.1(a)) GATT 509-10, SG 5-6 safeguard measures (SG/GATT XIX), conditions (SG 2) parallelism between SG 2.1 and SG 2.2, "product being imported" SG 48-50 "producted being imported" (SG 2.1), as sudden and recent increase SG 27-8 regional agreements/customs unions and (SG 2.1, footnote 1) GATT 639 "such increased quantities" "as a result of unforeseen developments" (GATT XIX:1(a)) SG 6 "as a result ... of the effect of obligations incurred by Member" GATT 495-6 condition (SG 2.1) distinguished GATT 487 critical date GATT 488-90 omission from SG 2.1, relevance GATT 484, 510, DSU 52 "rate and amount of the increase ... in absolute and relative terms" (SG 4.2(a)) SG 22, 146-7 sufficient to cause serious injury or threat SG 28 territorial application SG 48 standard of review (DSU 11) applicability to Anti-Dumping Agreement subject to AD 17.6 SG 116 "objective assessment of the facts" SG 116 de novo review, exclusion DSU 294 "objective assessment of matter before it", ultra petita finding on provision not before it SG 172, DSU 222, 245 terms of reference of panels (DSU 7), "matter referred to the DSB", as identified in DSU 6.2, limitation to provisions in covered agreements cited by parties, whether SG 172, DSU 222, 245 WTO Agreement cumulative nature of obligations SG 6 as single treaty instrument WTO 12 Argentina - Footwear (EC) (Panel) customs unions (GATT XXIV:5(a)) definition (GATT XXIV:8(a)), internal trade arrangements (GATT XXIV:8(a)(i)) SG 46-7 safeguard measures (SG 2.1, footnote 1) GATT 639 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) analysis of conditions of competition, need for SG 149-51 coincidence of trends in imports and in injury factors SG 146 evaluation of all relevant factors of objective and quantifiable nature SG 142 factors other than increased imports causing injury, non-attribution requirement SG 142, 153-4 evaluation of all relevant factors (SG 4.2(a)) price analysis, relevance SG 44 segmented domestic industry and SG 134 "serious injury" (SG 4.1(a))/ "threat of serious injury" (SG 4.1(b)), simultaneous determinations, possibility of SG 96 "such increased quantities", trends, need to examine SG 23-7, 126, 137 "threat of serious injury" (SG 4.1(b)), actual increase in imports, need for SG 94 interpretation of covered agreements, means, same or closely related phrases in same agreement, ATC 6.4/SG 4.2(a) SG 113 interpretation of covered agreements, ordinary meaning, "apply as single unit or on behalf of a member State" (SG 2.1, footnote 1) SG 46 investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c)), published report, legislation and technical report as SG 71 relationships within and between agreements SG 2 and 4/SG 5 SG 180 SG 2 and 4/SG 12 SG 230 SG 2/SG 4 SG 16 SG 2.1 and 4/SG 6 14.140, 186 SG 2.1, 4.1(c) and 4.2(b)/SG 2.2, 3.1, 51.8, and 12 SG 62 SG 2.1/4.2(a) SG 22-5 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, numbers of measures, sufficiency DSU 134 safeguard measures, determination of serious injury or threat thereof (SG 4), requirements, evaluation of all relevant factors (SG 4.2(a)) AD 112n.136, SG 113 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 SG 36, 38-40 customs unions and (SG 2.1, footnote 1) GATT 639 "producted being imported" (SG 2.1), as sudden and recent increase SG 27-8 "such increased quantities" quantity as determining factor SG 21 "rate and amount of the increase ... in absolute and relative terms" (SG 4.2(a)) SG 22, 146 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) SG 46 safeguard measures (SG/GATT XIX), duration and review (SG 7), modifications reducing restrictiveness (SG 7.4) SG 187, 232 safeguard measures (SG/GATT XIX), notification and consultation (SG 12) "all pertinent information" (SG 12.2), precise description of proposed measure SG 230 modifications reducing restrictiveness of measure, limitation to SG 187, 232 right to request additional information, relevance SG 230 safeguard measures (SG/GATT XIX), standard/powers of review, DSU 11, applicability SG 116 terms of reference of panels (DSU 7), identification of specific measures at issue, amendment of measures following establishment of panel DSU 204-5 Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6), relevant factors (ATC 6.3), obligation to examine all SG 113 Argentina - Hides and Leather (Article 21.3) 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 422, 450, 453 prompt compliance (DSU 21.1) "compliance" DSU 421-2 modification of underlying economic or social conditions distinguished DSU 422 interpretation of covered agreements, means, dictionaries DSU 423 interpretation of covered agreements, specific terms and phrases, "compliance" (DSU 21.1) DSU 421-2 Argentina - Hides and Leather (Panel) interpretation of covered agreements, means, same or closely related phrases in same agreement, GATT VII:2(b)/GATT X:3(a) GATT 346 "like product" (GATT III:2 and III:4) hypothetical "like product" GATT 143 relevant factors, differences between sellers GATT 159 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 101-2 "so as to afford protection", equality of competitive relationship GATT 97 national treatment, tax discrimination (GATT III:2) "charge of any kind" GATT 151 determination of violation, requirements aims and effects test/policy purpose GATT 107, 163 duration of tax differential, relevance GATT 158 "directly or indirectly" GATT 166 methodology of comparison, individual transactions basis GATT 154-5, 188, 196 "so as to afford protection" as application of general principle (GATT III:1) GATT 132 design and structure of measure as evidence of protective application GATT 143 non-discriminatory administration of quantitative restrictions (GATT XIII) publication and administration of trade regulations (GATT X:3(a)) GATT 345-8 "reasonable" (risk of disclosure of confidential information) GATT 348 precedent, Appellate Body decisions, as clarification GATT 132n.207 publication and administration of trade regulations (GATT X) measures of general application (GATT X:1) GATT 344 as procedural provision GATT 344 relationship with other GATT provisions GATT 352 substantive content distinguished GATT 352n.531 uniform, impartial and reasonable administration (GATT X:3(a)) GATT 344 applicability to individual traders GATT 345 discrimination between Members, relevance GATT 343, 354 "impartial" (presence of private parties during customs process) GATT 347, DSU 159 "uniform" GATT 346 quantitative restrictions, elimination (GATT XI) "prohibition or restriction" (GATT XI:1) causal link, need for GATT 370 de facto restrictions GATT 368, 370 equality of competitive conditions as test GATT 370 evidence of, trade effects GATT 370 presence of private parties during customs process GATT 368, 370 private action, relevance GATT 369 relationships within and between agreements, GATT /GATT as a whole GATT 343 Argentina - Textiles and Apparel (AB) decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports (unadopted) WTO 336 due process (dispute settlement proceedings), panel working procedures, need for DSU 594 evidence (panel procedures) (DSU 12) time-limits for submission absence of provision (Working Procedures (Appendix 3)) DSU 257 panel's right to admit "late" evidence DSU 257, 584 absence of objection by other party DSU 257, 584 time limit for rebuttal DSU 257, 584 as two-stage process DSU 257, 584 presentation of case including facts DSU 257 rebuttal of arguments and evidence DSU 257, 584 information or technical advice, panel's right to seek (DSU 13) "information from any relevant source" (DSU 13.2) DSU 347 panel's rights, not to seek DSU 347 International Monetary Fund (IMF)/WTO relationship Agreement (1997) as fulfilment of WTO mandate to cooperate as appropriate with IMF WTO 96 Members' rights and obligations under IMF and WTO Agreements, effect on WTO 96, GATT 331 consultations and exchange of information, obligation, whether WTO 97 Declaration of Coherence in Global Economic Policymaking (1994), legal effect WTO 96, GATT 330, 332 Declaration on the Relationship Between the IMF and WTO (1994) WTO 96, GATT 331 GATT VIII obligations and WTO 96, GATT 327, 330 interpretation of covered agreements, means, "any subsequent practice ... which establishes the agreement of the parties regarding its interpretation" (VC 31(1)(b)), panel reports WTO 336 panel reports, legal status, unadopted reports WTO 336 relationships within and between agreements, GATT II:1(a)/GATT II:1(b) GATT 81 Schedules of Concessions (GATT II) interpretation and clarification, GATT II:1(a) and (b), interrelationship GATT 81 ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)), duty different in type GATT 76-80 standard of review (DSU 11), "objective assessment of matter before it", failure to make as abuse of discretion DSU 257 terms of reference of panels (DSU 7), identification of specific measures at issue, amendment of measures during AB proceedings DSU 208 Working Procedures (panel) (DSU 12.1 and Appendix 3) applicable law agreement of parties to alternative procedure DSU 257, 584 panel's right to determine DSU 257, 584 panel proceedings as two-stage process DSU 257, 584 panel's margin of discretion DSU 257, 582-4 Argentina - Textiles and Apparel (Panel) disclosure obligation, burden of proof and DSU 280 fees and formalities connected with importation and exportation (GATT VIII) "limited ... to the approximate cost of services rendered" (GATT VIII:1(a)) ad valorem charge GATT 325-6 fiscal charge GATT 326 good faith (including pacta sunt servanda principle (VC 26)) as general principle of international law DSU 196 presumption of DSU 196 International Monetary Fund (IMF)/WTO relationship, GATT VIII obligations and GATT 325, 327 interpretation of covered agreements, means, "any subsequent agreement ... regarding its interpretation or application" (VC 31(3)(a)), Report on Working Party on Accession of the Democratic Republic of the Congo GATT 326 judicial economy, limitation of consideration to claims essential to resolution of dispute (DSU 3.2) DSU 195 preliminary rulings, refusal DSU 615 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 76 terms of reference of panels (DSU 7) identification of specific measures at issue termination of measures before agreement on terms of reference DSU 195-7 continuing relevance DSU 197 good faith obligation not to reintroduce DSU 196 unilateral amendment, exclusion DSU 195 "arms length" (Illustrative List, SCM Annex 1 (item (e)), footnote 59) SCM 25-7 ASEAN Free Trade Area, Common Effective Preferential Tariffs (CEPT) scheme, Enabling Clause and GATT 38 Assets, Liabilities, Records, Staff and Functions from GATT to the WTO, Agreement on (1994) WTO 275 ATC (Agreement on Textiles and Clothing): see Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6) Australia - Automative Leather I (Panel) request for establishment of panel, general considerations (DS 6) multiple panels involving same parties and claims, possibility of DSU 119 termination of panel, right of DSU 119 Australia - Automotive Leather (Article 21.5 - US), third party rights, panel proceedings (DSU 10 and Appendix 3), right to receive submissions to first meeting of the panel (DSU 10.3) DSU 231 Australia - Automotive Leather II (AB), standard of review (DSU 11), "objective assessment of the facts", evidence, alleged disregard or distortion by panel, obligation to examine and evaluate evidence DSU 254 Australia - Automotive Leather II (Article 21.5 - US) (Panel) relationships within and between agreements, DSU 19.1/SCM 4.7 DSU 9 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, exclusion of measure included in request for establishment DSU 189 standard of review (DSU 11), "objective assessment of matter before it", all arguments, need to consider DSU 247 "withdrawal of subsidy without delay" (SCM 4.7) partial repayment, sufficiency SCM 161 repayment of past subsidy/retroactive effect SCM 158-9, 210 "bring into conformity" (DSU 19) distinguished SCM 167, 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 166 Australia - Automotive Leather II dispute, implementation of recommendations and rulings of the DSB (DSU 21), ad hoc procedural arrangements DSU 467 Australia - Automotive Leather II (Panel) consultations (DSU 4), confidentiality (DSU 4.6), disclosure of information obtained in different proceedings DSU 105 consultations (SCM 4.1-4) accelerated nature of proceedings, effect SCM 145-6 object and purpose, clarification and development of the facts of the situation (SCM 4.3) SCM 147 "statement of available evidence" (SCM 4.2) all facts distinguished SCM 145 disclosure of arguments distinguished SCM 145 DSU 4.4 distinguished SCM 147 new evidence, right to submit, objective assessment (DSU 11) and SCM 146 request for establishment of panel (SCM 4.4) distinguished SCM 148 export subsidy, prohibited (SCM, Part II) "contingent in fact ..." (SCM 3.1(a)) case by case approach SCM 98-9 close connection, need for SCM 91 examination of all relevant facts, need for (SCM 3.1(a), footnote 4) SCM 98 facts at time of establishment of conditions for grant, limitation to SCM 99 "tied to" (SCM 3.1(a), footnote 4) SCM 91 "contingent upon export performance" (SCM 3.1(a)), burden of proof, knowledge or expectation, sufficiency SCM 102 information or technical advice, panel's right to seek (DSU 13) expert evidence (DSU 13.2), SCM 4.2 (statement of available evidence) and SCM 147 "information from any relevant source" (DSU 13.2) DSU 348 panel's rights, not to seek DSU 348 interpretation of covered agreements, ordinary meaning, "statement of available evidence" (SCM 4.2) SCM 145 interpretation of covered agreements, specific terms and phrases, "contingent" (SCM 3.1) SCM 91 standard of review (DSU 11), "objective assessment of matter before it", SCM 4.2 (statement of available evidence) and SCM 146 "withdrawal of subsidy without delay" (SCM 4.7), "without delay", as specifically prescribed time-period (SCM 4.12) 4.163 Australia - Salmon (AB) competence (AB), upholding, modification or reversal of legal findings and conclusions (DSU 17.13) SPS 147 competence (AB) (DSU 17.6) completion of legal analysis in case of disagreement with panel DSU 368 in case of Panel's failure to address correct issue SPS 144, DSU 368 due process (dispute settlement proceedings), opportunity to respond to evidence/presentations of other parties DSU 319, 602 evidence, evaluation SPS 180 interpretation of covered agreements, ordinary meaning, "likelihood" SPS 72 interpretation of covered agreements, specific terms and phrases, "likelihood" (SPS Annex A, para. 4) SPS 72 judicial economy, "positive solution to dispute" requirement and DSU 310 relationships within and between agreements, SPS 2/SPS 5 SPS 27 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue DSU 190-1 measure actually applied DSU 191 SPS Agreement, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5), discrimination or disguised restriction of trade resulting from inconsistency, degree of difference sufficient to warn of SPS 114 measures "not more trade restrictive than required to achieve their appropriate level of ... protection" (SPS 5.6) "appropriate level", determination Member's obligation SPS 124 Member's right SPS 121 as preliminary to decision on measure SPS 122 "taking into account technical and economic feasibility" SPS 119 zero-risk 4.123 requirements (SPS 5.6, footnote 3) SPS 116 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 21, 142 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) "available scientific evidence" (relevant factors) (SPS 5.2) SPS 98-9 elements (Annex 1, para. 4) "likelihood" SPS 72-3 "potential", "likelihood" distinguished SPS 73 "risk assessment" (Annex 4, para. 4) SPS 68, 70 standard of review (DSU 11) "objective assessment of the facts" 4.109, 182 evidence, alleged disregard or distortion by panel, egregious error, need for DSU 251 terms of reference of panels (DSU 7), as definition of jurisdiction/legal claims at issue SPS 147 Working Procedures (panel) (DSU 12.1 and Appendix 3), high quality reports/avoidance of delay, flexibility in achieving balance (DSU 12.2) DSU 319, 601 Australia - Salmon (Article 21.3), implementation of recommendations and rulings of the DSB (DSU 21), impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), "reasonable period", time to conduct studies/risk assessment, exclusion DSU 436 Australia - Salmon (Article 21.5 - Canada) (Panel) expert review groups, rules and procedures (DSU, Appendix 4) appointment procedures SPS 163 methods for obtaining advice SPS 164 relationships within and between agreements, SPS 2/SPS 5 SPS 26 SPS Agreement, applicability (SPS 1.1), measures taken by body other than central government (SPS 13) SPS 5 SPS Agreement, 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 107-9 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 120 SPS Agreement, basic rights and obligations (SPS 2) arbitrary or unjustifiable discrimination, exclusion (SPS 2.3) discrimination between different products SPS 11 requirements SPS 18 SPS Agreement, control, inspection and approval procedures (Annex C) SPS 198 SPS Agreement, implementation (SPS 13), measures taken by body other than central government SPS 5 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) elements (Annex 1, para. 4), identification of diseases and potential biological and economic consequences to be protected against SPS 69 "risk assessment" (Annex 4, para. 4) SPS 69, 70n.77, 72 timing of assessment, publication of assessment, relevance SPS 91 Australia - Salmon dispute, implementation of recommendations and rulings of the DSB (DSU 21), ad hoc procedural arrangements DSU 471 Australia - Salmon (Panel) competence (AB) (DSU 17.6), completion of legal analysis, in case of disagreement with panel finding SPS 90 expert review groups, rules and procedures (DSU, Appendix 4), appointment procedures SPS 163 quantitative restrictions, elimination (GATT XI), SPS Agreement and GATT 389 relationships within and between agreements |
