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SUBJECT INDEX C |
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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. |
Canada Enabling Clause notifications GSP schemes GATT 35 special treatment of least-developed country Members GATT 43 Canada - Aircraft dispute, implementation of recommendations and rulings of the DSB (DSU 21), ad hoc procedural arrangements DSU 468 Canada - Aircraft (AB) adverse inferences from party's refusal to provide information, panel's right to draw (DSU 13) DSU 350 judicial economy and DSU 313 burden of proof prima facie case, need for DSU 271 panel ruling in favour, need for DSU 272 refusal to provide information, relevance DSU 272 competence (AB) (DSU 17.6), findings or developed legal interpretations, limitation to DSU 362 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) business confidential information (DSU 18.2) additional procedures, need for DSU 390-1, 619 Business Confidential Information Procedures (Canada - Aircraft Panel) DSU 390 obligation to return or destroy DSU 390 obligation to respect/ensure respect for DSU 391 confidentiality of proceedings (DSU 14/WP 3), adverse inferences from party's refusal to provide information, panel's right to draw (DSU 13) and DSU 350 evidence (panel procedures) (DSU 12), refusal of party to provide information, effect, burden of proof and DSU 272 export subsidy, prohibited (SCM, Part II) "contingent ... upon the use of domestic over imported goods" (SCM 3.1(b)), "contingent in fact", applicability to SCM 126 "contingent in fact ..." (SCM 3.1(a)) "anticipated" (SCM 3.1(a), footnote 4) SCM 95 "but for" test SCM 93 case by case approach SCM 100 "grant or maintain" (SCM 3.1, footnote 4) SCM 95 "tied to" (SCM 3.1(a), footnote 4) SCM 92, 101 "contingent upon export performance" (SCM 3.1(a)), burden of proof, knowledge or expectation, sufficiency SCM 101 information or technical advice, panel's right to seek (DSU 13) burden of proof and DSU 272 prompt and full response, obligation DSU 344-5 interpretation of covered agreements, guidelines, text/plain language SCM 94 interpretation of covered agreements, means, dictionaries SCM 95 interpretation of covered agreements, ordinary meaning, "contingent" (SCM 3.1) SCM 94, 126 interpretation of covered agreements, specific terms and phrases, "grant or maintain" (SCM 3.1, footnote 4) SCM 95 preliminary rulings, confidentiality issues DSU 619 SCM Agreement, calculation of subsidy in terms of benefit to recipient (SCM 14), "benefit" (SCM 1.1(b)) and SCM 72 subsidy, definition (SCM 1) conferral of benefit (SCM 1.1(b)) SCM 1.1(a) and SCM 71 SCM 14 and SCM 72 SCM Annex IV and SCM 77 Working Procedures (appellate review) (DSU 17.9), adoption, AB authority DSU 390 Canada - Aircraft (Article 21.5 - Brazil) (AB) review of implementation of DSB rulings (DSU 21.5) DSU 460-1 burden of proof DSU 463 competence of DSU 21.5 (compliance) panel, determination of consistency of measure with WTO obligations DSU 460-1 "measures taken to comply" examination on basis of facts proved during panel proceedings DSU 461 measure subject of original dispute distinguished DSU 460-1 "should ensure" requirement DSU 463 Canada - Aircraft (Article 21.5 - Brazil) (Panel) burden of proof, export credits at rates below actual cost of funds so employed (Illustrative List of Export Subsidies, item (k)) SCM 443 export subsidy, prohibited (SCM, Part II), "contingent upon export performance" (SCM 3.1(a)), "export performance" SCM 105 Illustrative List of Export Subsidies (SCM Annex I) export credits at rates below actual cost of funds so employed (item (k)) burden of proof SCM 443 Commercial Interest Reference Rate (CIRR), relevance SCM 439 international undertaking on official export credits (item (k), second paragraph) ("safe haven") Canadian Policy Guideline SCM 441 "export credit practice" SCM 433-6 "in conformity" SCM 439-41 matching derogation, permissibility SCM 446 OECD Arrangement SCM 428, 431, 439-41 qualification for inclusion under, requirements SCM 426 Canada - Aircraft (Article 22.6 - Brazil), arbitration (DSU 22.6), timing in relation to Article 21.5 arbitration DSU 474 Canada - Aircraft (Article 22.6 - Canada), termination of treaty for breach (VC 60), rights created prior to, effect on (VC 70) DSU 474, 512 Canada - Aircraft Credits and Guarantees (Panel) burden of proof, SCM provisions, conferral of benefit (SCM 1.1(b)) SCM 59-60 developing country Members (SCM 27), Illustrative List of Export Subsidies (SCM Annex I), item (k) and SCM 316 export subsidy, prohibited (SCM, Part II) "contingent in fact ..." (SCM 3.1(a)), size of domestic market, relevance SCM 104 "contingent upon export performance" (SCM 3.1(a)) SCM 58, 85 burden of proof, knowledge or expectation, sufficiency SCM 97 OECD Agreement, compliance with, relevance SCM 62 GATT Subsidies Code, limited nature of provisions SCM 398 Illustrative List of Export Subsidies (SCM Annex I) export credit guarantee or insurance (item (j)), as contextual guidance SCM 415 export credits at rates below actual cost of funds so employed (item (k)) burden of proof SCM 450 international undertaking on official export credits (item (k), second paragraph) ("safe haven") legislation as such (mandatory/discretionary distinction) SCM 452 matching derogation, permissibility SCM 447-8 relationships within and between agreements, DSU 23.1/SCM SCM 395, DSU 555 SCM Agreement calculation of subsidy in terms of benefit to recipient (SCM 14), difference of payment on guaranteed and non-guaranteed loan (SCM 14(c)) SCM 73, 241-2 GATT Subsidies Code and SCM 398 subsidy, definition (SCM 1) conferral of benefit (SCM 1.1(b)) "benefit" SCM 51 provision of services not available in the market, whether SCM 63 burden of proof, rebuttal of prima facie case SCM 70 "recipient of a benefit" SCM 53 subsidy programmes as such, right to challenge (mandatory/discretionary distinction) SCM 56-9, 452 "as applied" SCM 64 burden of proof SCM 59-60 fiscal advantages, relevance SCM 61 financial contribution (SCM 1.1(a)(1)) conferral of benefit (SCM 1.1(b)) as parallel requirement SCM 11-12 direct transfer of funds (SCM 1.1(a)(1)) SCM 16 potential direct transfer of funds (SCM 1.1(a)(1)) SCM 21 unilateral action by Member, prohibition (DSU 23.1) SCM 395, DSU 555 "withdrawal of subsidy without delay" (SCM 4.7), "without delay", obligation of panel to specify time-period SCM 165 Canada - Aircraft (Panel) confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) business confidential information (DSU 18.2) additional procedures, need for DSU 389 Business Confidential Information Procedures (Canada - Aircraft Panel) DSU 389 consultations (SCM 4.1-4) accelerated nature of proceedings, effect SCM 139-41 "statement of available evidence" (SCM 4.2), request for establishment of panel (SCM 4.4) distinguished SCM 149, DSU 99 time-limits new evidence SCM 139 new evidence and allegations DSU 259, 585 due process (dispute settlement proceedings) opportunity to respond to evidence/presentations of other parties SCM 139, 141 prejudice to party, relevance DSU 211 evidence (panel procedures) (DSU 12) time-limits for submission affirmative defence (SCM 3.1) DSU 586 panel's right to admit "late" evidence DSU 259, 585 SCM 4 and SCM 139-41 export subsidy, prohibited (SCM, Part II) "contingent in fact ..." (SCM 3.1(a)) case by case approach SCM 100 "tied to" (SCM 3.1(a), footnote 4) SCM 92, 100 "contingent in law ..." (SCM 3.1(a)) SCM 89 "contingent upon export performance" (SCM 3.1(a)) burden of proof, knowledge or expectation, sufficiency SCM 92, 96, 100, 103 "export performance" SCM 106 Illustrative List of Export Subsidies (SCM Annex I), export credits at rates below actual cost of funds so employed (item (k)), "benefit" (SCM 1.1(b)) and SCM 75 information or technical advice, panel's right to seek (DSU 13), panel's rights, in situations where party has not raised a defence DSU 341 legislation as such, right to challenge, mandatory/discretionary legislation, distinguishability SCM 131, DSU 145 preliminary rulings late submission of evidence DSU 617 procedures, need for DSU 606-7 relationships within and between agreements, DSU 11/SCM 4 SCM 139-41 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue identification of industry, need for DSU 140 specific measure the subject of consultations, need for identity with, whether SCM 153, DSU 99 legal basis of claim, arguments distinguished DSU 259, 585 request for establishment of panel, requirements (SCM 4.4) accelerated nature of proceedings, relevance SCM 149 consultations, failure to reach mutually agreed solution SCM 153 statement of available evidence, relevance SCM 149 SCM Agreement calculation of subsidy in terms of benefit to recipient (SCM 14), "benefit" (SCM 1.1(b)) and SCM 72 notification obligations (SCM 25), notification, effect (SCM 25.7) SCM 310 object and purpose (SCM 1), multilateral disciplines on subsidies distorting international trade SCM 2 standard of review (DSU 11), "make such other findings" DSU 261 subsidy, definition (SCM 1) conferral of benefit (SCM 1.1(b)) burden of proof, rebuttal of prima facie case SCM 69 SCM 14 and SCM 72 SCM Illustrative List, Item (k) and SCM 75 subsidy programmes as such, right to challenge (mandatory/discretionary distinction), "as applied" SCM 131-2 financial contribution (SCM 1.1(a)(1)), direct transfer of funds (SCM 1.1(a)(1)) SCM 18 Canada - Autos (AB) export subsidy, prohibited (SCM, Part II) "contingent ... upon the use of domestic over imported goods" (SCM 3.1(b)), "contingent in fact", applicability to SCM 126-8 "contingent in law ..." (SCM 3.1(a)) SCM 87-8, 90 GATS, applicability (GATS I) "affecting" (GATS I:1), wholesale trade service suppliers in their capacity as service suppliers, need to examine GATS 7, 16 GATT 1994, overlap GATT 289 "measures affecting trade in services" (GATS I:1) "affecting" GATS 6-7 relationships within and between agreements, GATS I:1/GATS II/XVII GATS 6, 15 GATT, object and purpose (GATT I:1), non-discrimination GATT 4, 19 interpretation of covered agreements, guidelines, object and purpose, GATT I:1 GATT 4-5, 19 interpretation of covered agreements, means, same or closely related phrases in same agreement, SPS 3.1(a)/SPS 3.1(b) SCM 127-8 interpretation of covered agreements, ordinary meaning "contingent" (SCM 3.1) SCM 126-7 "contingent upon the use of domestic over imported goods" (SCM 3.1(b)) SCM 128 judicial economy explicit reference to, relevance DSU 309 "positive solution to dispute" requirement and DSU 309 MFN treatment (GATS II), determination of violation, requirements, analysis of evidence GATS 16 MFN treatment (GATT I:1) "accorded immediately and unconditionally to the like product", affiliation with designated local manufacturer/importer requirement and GATT 15-17 "advantage", "any advantage ... granted ... to any product" GATT 8 "all other contracting parties", regional trade agreements (GATT XXIV:5) and GATT 27 de facto discrimination GATT 6 relationships within and between agreements, GATS I:1/GATS II/XVII GATS 6, 15 subsidy, definition (SCM 1), financial contribution (SCM 1.1(a)(1)), exemption from or remission of internal taxes upon exportation (SCM 1.1(a)(1)(ii), footnote 1) SCM 32 Canada - Autos (Panel) customs unions (GATT XXIV:5(a)), as defence or exception, economic test GATT 624 due process (dispute settlement proceedings) new argumentation, cut-off date DSU 175 opportunity to respond to evidence/presentations of other parties DSU 175 prejudice to party, relevance DSU 175 export subsidy, prohibited (SCM, Part II), "contingent ... upon the use of domestic over imported goods" (SCM 3.1(b)), "contingent in fact", applicability to SCM 127 GATS, applicability (GATS I), "measures affecting trade in services" (GATS I:1), "affecting" GATS 6 GATS, economic integration (GATS V) regional trade agreements, notification, national treatment (GATS V:1(b))/MFN treatment (GATS II), applicability GATS 34 "substantially all discrimination" (GATS V:1(b)) GATS 34 GATT 1994, object and purpose (GATT I:1), non-discrimination GATT 19 interpretation of covered agreements, guidelines, object and purpose GATT 19 interpretation of covered agreements, means, same or closely related phrases in same agreement, SPS 3.1(a)/SPS 3.1(b) SCM 127 MFN treatment (GATS II) "like service and service supplier" (GATS II:1), wholesale transactions GATS 20 vertical integration/exclusive distribution arrangements, effect GATS 18 MFN treatment (GATT I:1) "accorded immediately and unconditionally to the like product", conditional advantage and "advantage accorded unconditionally" distinguished GATT 18 "all other contracting parties", regional trade agreements (GATT XXIV:5) and GATT 19, 27, 31 national treatment, regulatory discrimination (GATT III:4) "affecting" GATT 236 actual impact, relevance GATT 236 "requirements" local content requirement GATT 237 non-mandatory measures GATT 230, 231 private action GATT 231 ratio requirement (net sales value of locally-produced product/locally sold product) GATT 237 national treatment, services and service suppliers (GATS XVII), foreign character of services (SG XVII, footnote 10), relevance GATS 65 relationships within and between agreements GATS XVII/SCM 3.1(a) SCM 122 GATT III:4/SCM 3.1(a) SCM 122 GATT III:4/TRIMS 2 GATT 284 request for establishment of panel, requirements (DSU 6.2), legal basis of claim, arguments distinguished DSU 175 TRIMS Agreement, national treatment (GATT III:4) and GATT 284, TRIMS 27-30 Canada - Dairy (AB) interpretation of covered agreements, guidelines, effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase DSU 53 interpretation of covered agreements, means same or closely related phrases in same agreement, AG 9.1(a)/AG 9.1(c) AG 58-60 supplementary means (VC 32), in case of ambiguity DSU 33 interpretation of covered agreements, ordinary meaning, "payments" AG 60-1 interpretation of covered agreements, specific terms and phrases "government" (AG 9.1(a)) AG 57 "government agency" (AG 9.1(a)) AG 57 payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)) "financed", "whether or not a charge on the public account" AG 58 "payments" payment-in-kind as AG 58-9 transfer of economic resources, need for AG 58 Schedules of Concessions (GATT II) "subject to the terms, conditions or qualifications in the schedule" (GATT II:1(b)) description distinguished GATT 64 price ceiling not included in Schedule GATT 65 subsidy, definition (SCM 1) Agreement on Agriculture, applicability to AG 6 financial contribution (SCM 1.1(a)(1)), transfer of economic resources from grantor to recipient for less than full consideration AG 56 Canada - Dairy (Article 21.5 - New Zealand) (AB) export subsidy commitments, prevention of circumvention (AG 10.1), export subsidy, prohibited (SCM 1.1 and 3.1) and SCM 124 relationships within and between agreements, AG 9.1 and 10.1/SCM 3.1 SCM 124, 396 Canada - Dairy (Article 21.5 - New Zealand) (Panel), export subsidy commitments, prevention of circumvention (AG 10.1), export subsidy, prohibited (SCM 1.1 and 3.1) and SCM 123 Canada - Dairy (Article 21.5 - New Zealand and US) (AB) interpretation of covered agreements, means, same or closely related phrases in same agreement, AG 9.1(a) and (b)/AG 9.1(c) AG 62 payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)) benchmark/standard (AG 9.1(c)) absence of express provision, relevance AG 62 domestic price fixed by government AG 63 factual and regulatory setting, relevance AG 62-3 industry-wide production costs AG 65-7 market rate, relevance, world market price AG 64 objective standard, need for AG 64 nexus, need for AG 71-2 "financed" AG 69 "whether or not a charge on the public account" AG 69 "government action" AG 68 government mandate or direction, relevance, AG 9.1(e), SCM 1.1 and SCM Illustrative List of Export Subsidies distinguished SCM 401 payments by private parties as AG 72 Canada - Dairy (Article 21.5 - New Zealand and US II) (AB) payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)) burden of proof AG 76 Canada - Dairy (Article 21.5 - New Zealand and US II) (Panel), costs of marketing exports (AG 9.1(d)), general business costs distinguished AG 77 Canada - Dairy (Article 21.5 - New Zealand and US) (Panel) payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)) "by virtue of" AG 70 "but for" test AG 70 relationships within and between agreements LIC 33 SCM 3.1/SCM 4.7 SCM 110 "withdrawal of subsidy without delay" (SCM 4.7), agricultural subsidies, applicability to SCM 110, 125 Canada - Dairy dispute implementation of recommendations and rulings of the DSB (DSU 21) ad hoc procedural arrangements DSU 472 impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), "reasonable period", amendment DSU 438 Canada - Dairy (Panel) Import Licensing Procedures Agreement, non-automatic import licensing (LIC 3), GATT II(1)(b) and LIC 33 relationships within and between agreements, GATT II:1(b)/LIC 3 GATT 93, LIC 33 Schedules of Concessions (GATT II) "subject to the terms, conditions or qualifications in the schedule" (GATT II:1(b)) description distinguished GATT 64 "subject to" GATT 64 subsidy, definition (SCM 1), "direct subsidies, including payments-in-kind" (AG 9.1(a)), payment-in-kind, as direct subsidy AG 56 Canada - FIRA (Panel) national treatment, general principle (GATT III:1), applicability, measures imposed at the time or point of importation ("internal measures") (GATT Ad Art. III), quantitative restrictions (GATT XI) distinguished GATT 271, 383 national treatment, regulatory discrimination (GATT III:4), private contractual arrangements, relevance GATT 14n.13 quantitative restrictions, elimination (GATT XI) GATT III and GATT 271 as importation measure GATT 271 Canada - Patent Term (AB) interpretation of covered agreements, ordinary meaning "acts" (TRIPS 70.1) TRIPS 154-6 "filing date" (TRIPS 33) TRIPS 115 non-retroactivity of treaties (VC 28), in absence of different intention DSU 63 patents (TRIPS, Section 5) patentable subject matter (TRIPS 27), as context for interpretation of TRIPS 70 (protection of existing subject matter) TRIPS 157 term of protection (TRIPS 33) "available" TRIPS 116 "effectiveness", relevance TRIPS 117 "existing subject matter" (TRIPS 70.2) and TRIPS 163 freedom to choose method of implementation (TRIPS 1.1) and, "filing date" TRIPS 115 unwarranted curtailment, prohibition (TRIPS 62.2) as distinct and cumulative provision TRIPS 131 relationships within and between agreements TRIPS 33/TRIPS 70 DSU 333 TRIPS 33/TRIPS 70.2 TRIPS 163 retroactivity (TRIPS 70.1) TRIPS 153, DSU 63 TRIPS Agreement acquisition and maintenance of intellectual property rights (TRIPS 62), unwarranted curtailment, prohibition (TRIPS 62.2), term of protection (TRIPS 33) as distinct and cumulative provision TRIPS 131 "acts" (TRIPS 70.1) TRIPS 154-6 existing rights, applicability to (TRIPS 70) "acts which occurred before date" (TRIPS 70.1) and "existing at the date" (TRIPS 70.2) distinguished TRIPS 153, 157 "subject matter" (TRIPS 70.2) TRIPS 157 term of protection (TRIPS 33) and TRIPS 163 implementation (TRIPS 71.1), relevant factors, object and purpose (TRIPS 7) TRIPS 156 retroactivity (TRIPS 70.1) TRIPS 153 transitional arrangements (TRIPS 65), procedural nature TRIPS 138 Canada - Patent Term (Panel) consultations (DSU 4), acceleration (DSU 4.9), Panel's workload and DSU 109 patents (TRIPS, Section 5) patentable subject matter (TRIPS 27), "discrimination" (TRIPS 27.1), necessary elements TRIPS 91 term of protection (TRIPS 33) freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3 "filing date" TRIPS 115 unwarranted curtailment, prohibition (TRIPS 62.2) as distinct and cumulative provision TRIPS 3 TRIPS Agreement acquisition and maintenance of intellectual property rights (TRIPS 62), unwarranted curtailment, prohibition (TRIPS 62.2), term of protection (TRIPS 33) as distinct and cumulative provision TRIPS 3 fair and equitable procedures (TRIPS 42) requirement (TRIPS 41.2) TRIPS 120 "right holders" TRIPS 120 obligations (TRIPS 1), implementation, freedom to choose method (TRIPS 1.1) TRIPS 3 protection of existing subject matter (TRIPS 70), freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3 Canada - Periodicals (AB) competence (AB) (DSU 17.6), completion of legal analysis, factual basis, contentiousness/omission/insufficiency of facts DSU 365 directly competitive or substitutable products (GATT III:2), as dynamic relationship (including possibility of latent demand) GATT 182 GATS, applicability (GATS I), GATT 1994, overlap GATT 287, GATS 11-12 interpretation of covered agreements, guidelines, object and purpose GATT 257 interpretation of covered agreements, means, preparatory work (VC 32), GATT III GATT 257 "like product" (GATT III:2 and III:4) determination of "likeness", on case by case basis GATT 145, DSU 365 relevant factors consumer preferences GATT 141, 145 end-uses GATT 141 physical properties GATT 141, 145 national treatment, exceptions (GATT III:8), payment of subsidies exclusively to domestic producers (GATT II:8(b)), expenditure of revenue by government, limitation to GATT 257 national treatment, general principle (GATT III:1) "so as to afford protection" equality of competitive conditions GATT 96 protection of competitive relationship GATT 114 national treatment, tax discrimination (GATT III:2) determination of violation, requirements, "like product" and "in excess of" GATT 131 "directly or indirectly" GATT 165 GATT practice GATT 167 first and second sentences distinguished GATT 124-6 methodology of comparison dissimilar taxation of some imported products GATT 195 individual transactions basis GATT 156, 195 "so as to afford protection" design and structure of measure as evidence of protective application GATT 203 intention, relevance GATT 203 panel reports, legal status, unappealed reports WTO 340 Canada - Periodicals (Panel) GATS, applicability (GATS I), GATT 1994, overlap GATS 8-10 interpretation of covered agreements, guidelines, effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase GATS 9 "like product" (GATT III:2 and III:4) hypothetical "like product" GATT 141 narrow interpretation, need for GATT 141 relevant factors, end-uses GATT 141, 145 national treatment, exceptions (GATT III:8), payment of subsidies exclusively to domestic producers (GATT II:8(b)), expenditure of revenue by government, limitation to GATT 257 quantitative restrictions, elimination (GATT XI), "prohibition or restriction" (GATT XI:1), complete ban GATT 363 Canada - Pharmaceutical Patents (Article 21.3) burden of proof, implementation of DSB recommendations and rulings (DSU 21.3) DSU 448, 456, 463 implementation of recommendations and rulings of the DSB (DSU 21) impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau) "reasonable period" 15-month guideline (DSU 21.3(c)) DSU 431 administrative measures as means of implementation, relevance DSU 448 complexity of implementation process DSU 448 complexity of implementing measures DSU 448 as legal determination DSU 449 "particular circumstances" DSU 445, 448 Canada - Pharmaceutical Patents (Panel) copyright protection (Berne Convention (1971)), minor exceptions doctrine, legitimate interests TRIPS 110 interpretation of covered agreements, specific terms and phrases, "discrimination" (TRIPS 27.1) TRIPS 88-91 patents (TRIPS, Section 5) Berne Convention as basis TRIPS 110 exceptions (TRIPS 30) balance of agreement as a whole and TRIPS 100 compensatory adjustment TRIPS 112 conditions/criteria TRIPS 98, 100-6 curtailment of owner's rights TRIPS 101-2 economic impact TRIPS 102 "exploitation of patent" TRIPS 104 "legitimate interests" TRIPS 107-10 "normal exploitation" TRIPS 105-6 "discrimination" (TRIPS 27.1), applicability TRIPS 93-4 exclusive rights (TRIPS 28) TRIPS 97 patentable subject matter (TRIPS 27) "discrimination" (TRIPS 27.1) applicability to TRIPS 30 and 31 TRIPS 93-4 de facto discrimination TRIPS 88-9 relationships within and between agreements TRIPS 27/TRIPS 70.8 TRIPS 93-4 TRIPS 27.1/TRIPS 30 and 31 TRIPS 93-4 TRIPS/Berne Convention (1971) TRIPS 38-42, DSU 29 TRIPS Agreement, Berne Convention and (TRIPS 9), incorporation, effect TRIPS 110 "categories of revenue" SCM 25-7 causality: see quantitative restrictions, elimination (GATT XI), "prohibition or restriction" (GATT XI:1), causal link, need for causation: see determination of serious injury or threat thereof (SG 4), requirements, causation (SG 4.2(b)) "central government entities" (GPA: Appendix 1) GPA 26-32 Chile - Alcoholic Beverages (AB) competence of panels and AB (DSU 3.2), not to add to or diminish rights and obligations (DSU 3.2/19.2) DSU 74, 419 directly competitive or substitutable products (GATT III:2), as dynamic relationship (including possibility of latent demand) GATT 95 interpretation of covered agreements, guidelines, security and predictability (DSU 3.2) DSU 21 national treatment, tax discrimination (GATT III:2) "so as to afford protection" design and structure of measure as evidence of protective application GATT 205 intention, relevance GATT 205 necessity of tax, relevance GATT 205 Chile - Alcoholic Beverages (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" developing countries and (DSU 21.2) DSU 426 full and effective implementation (DSU 22), relevance DSU 457 "particular circumstances" DSU 446 "time ... shorter or longer, depending on the particular circumstances" (DSU 21.3(c)) DSU 424 time required for enactment of law DSU 447 Chile - Price Band System (AB) competence (AB), classification as issue of law or fact, credibility and weight of evidence DSU 359 competence (AB) (DSU 17.6), classification as issue of law or fact, Party's classification of measure, relevance DSU 359 competence of panels and AB (DSU 3.2), right to develop own legal reasoning including arguments not adduced by parties (jura novit curia) DSU 221 customs duties, "ordinary customs duties" (GATT II(1)(b)/AG 4.2) GATT 75, 92 due process (dispute settlement proceedings) "objective assessment of matter before it" obligation (DSU 11) and DSU 248, 603 opportunity to respond to evidence/presentations of other parties DSU 170, 248, 598, 603 interpretation of covered agreements, guidelines grammar, respect for AG 19 multiple authentic languages (VC 33), meaning which best reconciles texts (VC 33(4)) AG 25, DSU 57 text/plain language AG 19 interpretation of covered agreements, means "any subsequent practice ... which establishes the agreement of the parties regarding its interpretation" (VC 31(1)(b)) AG 23 practice of Members, need for discernible pattern DSU 31 scheduling practice AG 25 preparatory work (VC 32), AG 4.2 AG 19 same or closely related phrases in same agreement, AG 4.2/AG 5 AG 21-2 interpretation of covered agreements, specific terms and phrases "any measures of the kind" (AG 4.2 and footnote 1) "have been converted" AG 21 "have been required to be converted" AG 21 "include" (AG 4.2, footnote 1) AG 20 "minimum import price" (AG 4.2, footnote 1) AG 35 "similar", as comparative concept AG 37 "similar border measures" (AD 4.2, footnote 1) AG 36-40 "variable import levy" (AD 4.2, footnote 1) AG 33-4 tariff cap, relevance AG 38-9 market access (AG 4) "have been required to be converted" (AG 4.2) AG 19 measures required to be converted into ordinary customs duties (AG 4.2 and footnote 1) border measures distorting effect AG 40 ordinary customs duties extinguished AG 40 failure to convert by due date, effect AG 19 interpretation, subsequent practice (VC 32(3)(b)) AG 23, DSU 31 measure and result of measure distinguished AG 29 special safeguards (AG 5.1) and AG 21-2 timing of obligation AG 19, 30 object and purpose AG 16 notice of appeal, requirements (AB/WP 20(2)), statement of allegation of error on issues of law/legal interpretations (AB/WP 20(2)(d)), legal argument in support of claim distinguished DSU 384 relationships within and between agreements AG 4.2 Guidelines for the Calculation of Tariff Equivalents AG 39 AG 4.2/GATT II:2 GATT 92 AG 4.2/GATT Annex 5 AG 28 AG 4.2/GATT II:1(b) DSU 328 AG 4.2/GATT II:2 AG 28 request for establishment of panel, requirements (DSU 6.2), implied claims, exclusion DSU 221 Schedules of Concessions (GATT II) ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)) customs duties based on exogenous factors AG 26 "ordinary customs duties" GATT 75 standard of review (DSU 11) "objective assessment of matter before it" ultra petita finding on provision not before it DSU 244, 603 terms of reference of panels (DSU 7) as definition of jurisdiction/legal claims at issue, legal claim included in terms of reference, limitation of jurisdiction to DSU 221 identification of specific measures at issue, amendment of measures following establishment of panel DSU 206-7, 599 Chile - Price Band System (Panel) consultations (DSU 4), measure at issue (DSU 4.4), measure subsequent to request for consultations, extension of existing measure distinguished DSU 101 consultations (SCM 4.1-4), notification of request for (DSU 4.4), identification of measure at issue, need for DSU 101 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 415 interpretation of covered agreements, guidelines, multiple authentic languages (VC 33), meaning which best reconciles texts (VC 33(4)) DSU 57 interpretation of covered agreements, means, dictionaries SG 72 investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c)), published, "publish"/"make publicly available", equivalence SG 72 publication of findings and reasoned conclusions on all pertinent issues of fact and law (SG 3.1) GATT 492 relationships within and between agreements, GATT XIX:1/SG 2 and 4 2.485 safeguard measures (SG/GATT XIX), conditions (SG 2) "such increased quantities" "as a result of unforeseen developments" (GATT XIX:1(a)) GATT 485 "as a pertinent issue of fact and law" /publication (SG 3.1) GATT 492 safeguard measures (SG/GATT XIX), duration and review (SG 7), extension of measure (SG 7.1), whether distinct measure DSU 101 China, ATC safeguard measures (ATC 6), TMB discussion ATC 16, 23 Chinese Taipei, ATC safeguard measures (ATC 6), TMB discussion ATC 17 cinematograph film (GATT IV), GATT practice GATT 290 CIRR (Commercial Interest Reference Rate), relevance to determination of "material advantage" (Illustrative List of Export Subsidies (SCM Annex I)) SCM 421-4, 439 Civil Aircraft, Agreement on Trade in see also Committee on Trade in Civil Aircraft acceptance provisions (AIR 9) WTO 330 accessions, absence of provision for WTO 319 amendments (AIR 9.5) WTO 294 elimination of customs duties and other charges on repairs (AIR 2.1.2), interpretative note AIR 1, 6 entry into force (1980)/annexation to WTO Agreement (AIR Preamble) AIR 1-2 product coverage (AIR 1) Annex on Product Coverage AIR 3 interim application AIR 5 updating AIR 4 reports (WTO IV.8) WTO 243, AIR 7 reservations (AIR 9.2.1) WTO 350 review of implementation (AIR 8) AIR 7 signatories (AIR Preamble) AIR 2 claims and arguments: see notice of appeal, requirements (AB/WP 20(2)); request for establishment of panel, requirements (DSU 6.2), legal basis of claim; standing/right to bring claim (DSU 3.7); third party rights coherence in global economic policy-making: see International Monetary Fund (IMF)/WTO relationship, Declaration on Coherence in Global Economic Policymaking (1994) Colombia ATC notification obligations (ATC 2) ATC 8-9 ATC safeguard measures (ATC 6), TMB discussion ATC 48, 64-5, 90-2 COMESA (Common Market for Eastern and Southern Africa) Treaty, Enabling Clause and GATT 37 Commercial Interest Reference Rate (CIRR), relevance to determination of "material advantage" (Illustrative List of Export Subsidies (SCM Annex I)) SCM 421-4, 439 Decision on Implementation-Related Issues and Concerns and WTO 162 establishment WTO 164 Organization of Work and Working Procedures AG 104, 108 report on Decision on Measures concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing developing country Members WTO 36, AG 93, 118 implementation of AG 10.2 WTO 36, AG 81-3 administration of tariff rate quotas (AG 18.2) WTO 36, AG 106 role and activities notification formats (AG 18.2) WTO 171 review of implementation activities (AG 18) AG 104-9 rules of procedure (1996) WTO 176, AG 102 Special Session, role in Doha Round: see agriculture (Doha Round), Special Session of Committee on Agriculture terms of reference AG 101 Committee on Anti-Dumping Practices annual review of implementation and operation of Anti-Dumping Agreement, guidelines for improvement and WTO 54, AD 545-6 establishment WTO 164 Members' reports on anti-dumping actions (AD 16.4) guideline on agreed standard form AD 469 guidelines on information to be provided in reports submitted "without delay" AD 468 notification to government following receipt of properly documented application for investigation (AD 5.5), recommendation on timing AD 214 Periods of Data Collection for Anti-Dumping Investigations, Recommendation Concerning AD 7, 100, 230 as indication of Members' understanding of appropriate implementation practice AD 100n.122 review of AD 15 (developing country Members) AD 456, 546 rules of procedure (1996) WTO 176, AD 466-7 Working Group on Implementation, determination of volume of dumped imports, clarification of time-frame, role WTO 54 Committee on Balance-of-Payments Restrictions see also balance of payments difficulties, developing country Members' right to take import measures (GATT XVIII:B); balance-of-payments restrictions (GATT XII) establishment WTO 185 Committee on Budget, Finance and Administration (BFA) see also budget and contributions (WTO) (WTO VII) rules of procedure (1995) WTO 134, 213 technical assistance, instruction to develop plan for long-term funding (Doha Declaration) WTO 64 terms of reference WTO 212 Committee on Certain Milk Products, suspension ID 10 Committee on Customs Valuation adoption of practice of Tokyo Round Committee on Information on Technical Assistance VAL 26 adoption of Tokyo Round Committee decisions VAL 2 carrier media bearing software for data processing equipment (VAL 1) VAL 3 Checklist of Issues VAL 34 interpretation of term "development" (VAL 8.1(b)(iv)) VAL 11 interpretation of term "undertaken" (VAL 8.1(b)(iv)) VAL 10 notification procedures VAL 33 rectification of French text, Note to Articles 2 and 3, para. 1 VAL 4 reservations VAL 32 treatment of interest charges (VAL 8.1) VAL 9 annual reports VAL 22 Decision on Implementation-Related Issues and Concerns (Doha) and VAL 28 Decision relating to VAL, Annex III, para. 2 VAL 38 decisions relating to VAL 17 (customs administrations' rights to satisfy themselves on truth or accuracy of customs declarations) VAL 16 Doha mandate VAL 17-18 establishment WTO 164 observer status VAL 19-20 PSI Agreement, monitoring of VAL 23 rules of procedure (1995) WTO 176, VAL 21 technical assistance work programme (VAL 20.3) VAL 30 Committee on Government Procurement see also Government Procurement Agreement activities WTO 244 adoption of product classification system (GPA XIX:5) GPA 7 adoption of rules of origin (GPA IV/XIX:5) GPA 6 adoption of services classification system (GPA XIX:5) GPA 7 Circulation and Derestriction of Documents of Committee on Government Procurement, Decision WTO 129, GPA 9 establishment WTO 244 observer status (GPA XXI:1) GPA 8 reports WTO 245 annual reports LIC 35 establishment WTO 164 rules of procedure (1995) WTO 176, LIC 34-6 Understanding on Procedures for the Review of Notifications (1996) LIC 36 annual/periodic reports WTO 218-19 establishment WTO 164, 185, 216 functions, notification obligations and procedures WTO 171 non-tariff measures, decisions relating to GATT 378 rules of procedure WTO 176, 223 terms of reference WTO 216 Committee of Participants on the Expansion of Trade in Information Technology Products: see information technology products, Committee of Participants on the Expansion of Trade in Information Technology Products Committee on Regional Trade Agreements (RTA) Avoidance of Procedural and Institutional Duplication, General Council decision on (1995) WTO 229 Enabling Clause and: see Enabling Clause establishment WTO 185, 225, GATT 611 EU, examination of treaties establishing (GATS 5:7) GATS 38 examination process delegation to RTA Committee WTO 233 procedures WTO 231 Procedures to Improve and Facilitate, Guidelines (1997)m WTO 231 Standard Format for Information on Economic Integration Agreements on Trade in Services WTO 232 Standard Format for Information on Regional Trade Agreements WTO 232 as replacement for regional trade agreements working parties WTO 174, 181, GATT 42 reporting arrangements GATT 39 annual reports WTO 227 biennial reports WTO 228 suspension on grounds of workload WTO 228 rules of procedure (1996) WTO 132, 226 terms of reference WTO 225, 230, GATT 629 for each regional trade agreement WTO 230 see also Rules of Origin Agreement annual reports RO 3 annual review of implementation and operation of RO (RO 6(2)) RO 8 closed sessions RO 1 Decision on Implementation-Related Issues and Concerns and WTO 162 establishment WTO 164 Harmonization of Non-preferential Rules Work Programme "country", absence of definition and RO 4 Integrated Negotiated Text RO 9 progress reports RO 10-13 timetable RO 10-13 observer status RO 1 procedure for dealing with queries in respect of national legislation RO 7 rules of procedure (1995) WTO 176, RO 2 establishment WTO 164 observer status SG 240 procedures for reviews of notification (SG 12.6) SG 236 rules of procedure (1996) WTO 176, SG 239 surveillance obligations (SG 13) SG 239-42 Members' reporting obligations SG 241 requests for assistance SG 242 Committee on Sanitary and Phytosanitary Measures (SPS Committee) see also SPS Agreement cooperation with relevant international organizations (SPS 12.3), cooperation agreements with WTO and OIE (1998) SPS 167 Decision on Implementation of Article 4 SPS 52-65 see also SPS Agreement, equivalence (SPS 4), Decision on Implementation of Article 4 (Decision on Equivalence) programme for implementation SPS 65 establishment WTO 164 monitoring of international standards (SPS 12.4) SPS 170-2 observer status SPS 168 review of implementation and monitoring of SPS Agreement (SPS 12.7) SPS 173-4 rules of procedure (1997) WTO 176, SPS 166 Committee on Specific Commitments establishment WTO 179 terms of reference GATS 94 Committee on Subsidies and Countervailing Measures (SCM Committee) consumption of inputs in the production process (SCM, Annex II, footnote 61), difficulty of resolving issues related to SCM 455-7 Decision on Implementation-Related Issues and Concerns and WTO 162, SCM 224-5 establishment WTO 164 notification formats, role in relation to (SCM 25) WTO 171, SCM 217-18, 308-9, 362, 364 rules of procedure (1996) WTO 176, SCM 303 SCM Annex VII(b) countervailing duty investigations, review WTO 55 methodology for calculating constant 1990 dollars, need for WTO 55 Committee on Technical Barriers to Trade "enquiry points" (TBT 10.1 and 10.3) TBT 45-7 establishment WTO 164 meetings of persons responsible for information exchange (TBT 10) TBT 44 notification format for agreements with another country (TBT 10.7) TBT 49 principles governing development of international standards (TBT 5.5 and 5.6) TBT 42 recommendations and decisions relating to notification procedure (TBT, Annex 3, para. j) TBT 66 notification procedures (TBT 2.9) TBT 26-36 review of implementation (TBT 15.2) TBT 55 rules of procedure (1995) WTO 176, TBT 51 observer status TBT 52 technical assistance (TBT 11), parameters for exchanging information TBT 50 Technical Working Group TBT 41 Triennial Reviews of Operation and Implementation (TBT 15.4) TBT 56 Committee on Trade in Civil Aircraft see also Civil Aircraft, Agreement on Trade in activities WTO 242 establishment WTO 242 reports (WTO IV.8) WTO 243, AIR 7 Technical Sub-Committee, establishment and terms of reference AIR 8 termination WTO 242 Committee on Trade and Development Decision on Implementation-Related Issues and Concerns and WTO 68 notification obligations and procedures, role in relation to, special programme of assistance to developing country Members WTO 171 observer status WTO 190 rules of procedure (1995) WTO 132, 188 Special Session (Doha Round) special and differential treatment, review: see special and differential treatment for developing country Members (Doha Declaration) sustainable development objective, role in relation to WTO 27 terms of reference WTO 186-7 Committee on Trade and Environment see also trade and environment, negotiations on relationship between WTO rules and MEAs (Doha Declaration) priorities (Doha Declaration) WTO 58, 86-8 report to Fifth Session WTO 58 rules of procedure WTO 135, 223 sustainable development objective, role in relation to WTO 27 terms of reference WTO 221 work programme WTO 222 Committee on Trade in Financial Services establishment WTO 179, GATS 88 responsibilities GATS 88 Committee on TRIMS (Trade-Related Investment Measures) WTO 164 annual reports TRIMS 15 observers TRIMS 16 reports to the Council for Trade in Goods TRIMS 25 role (TRIMS 7.2) implementation issues relating to special treatment for developing country Members TRIMS 18 notifications (TRIMS 5.1 and 5.2) TRIMS 17 rules of procedure TRIMS 14 rules of procedure (1995) WTO 176 compensation for non-compliance with covered agreement or DSB recommendations and rulings (DSU 22): see suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) compensation philosophy (Secretariat staff) WTO 261 classification as issue of law or fact compliance/consistency with treaty obligations DSU 355 credibility and weight of evidence DSU 268, 357-9 Party's classification of measure, relevance DSU 359 completion of legal analysis DSU 364-72 in case of agreement with panel DSU 369 in case of disagreement with panel DSU 366-8 in case of Panel's failure to address correct issue SPS 90, 144, DSU 368 factual basis contentiousness/omission/insufficiency of facts DSU 365-72 insufficient argument of novel issue DSU 372 limitation to panel's findings or undisputed facts in panel record DSU 371 findings or developed legal interpretations, limitation to GATT 404, DSU 360-3 issues of law/legal interpretations alleged failure of panel to make objective assessment (DSU 11) DSU 356 issues not litigated before Panel SCM 117 balance-of-payments measures (BOP Understanding, footnote 1) GATT 450 claims against legislation as such GATT 306, AD 484 see also legislation as such, right to challenge completion of legal analysis DSU 172 objections, requirements opportunity to cure procedural defect and DSU 608-9 preliminary ruling on, obligation DSU 223, 604 risk assessment (SPS Agreement), exclusion SPS 17, 92-4 competence of panels and AB (DSU 3.2) "clarification of existing provisions" DSU 22-3 competence of domestic courts, need to avoid trespassing on GATT 349 not to add to or diminish rights and obligations (DSU 3.2/19.2) DSU 27, 74-5, 419 preservation of rights and obligations of Members under covered agreements GATT 349 right to develop own legal reasoning including arguments not adduced by parties (jura novit curia) DSU 174, 221 competition policy: see trade and competition policy (Doha Round) compliance with covered agreement obligations, obligation breach by other Members, relevance AD 213, 288 as preferred solution (DSU 22.1) DSU 560 procedural obligations AD 220 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) see also consultations (DSU 4), confidentiality; investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c)), confidentiality of information (SG 3.2); investigation of dumping, evidentiary rules (AD 6), confidential information (AD 6.5); WTO documents adverse inferences from party's refusal to provide information, panel's right to draw (DSU 13) and SG 80, 82, |
