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SUBJECT INDEX D |
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data collection, period for: see Anti-Dumping Agreement (AD), data collection, period for (AD 2 and AD 3) de novo review of facts, exclusion SPS 182, AD 488, 504, SG 120, DSU 288, 291-3 Decision on Implementation-Related Issues and Concerns (Doha) AD Agreement: see Anti-Dumping Agreement (AD), Decision on Implementation-Related Issues and Concerns and adoption WTO 31 Committee on Agriculture, instructions to WTO 162 Committee on Customs Valuation, instructions to VAL 28 Committee on Rules of Origin, instructions to WTO 162 Committee on Trade and Development, instructions to WTO 68 as "relevant document" WTO 17 Annex VII(b) WTO 55 countervailing duty investigations, review WTO 55 measures implemented by developing country Members designed to achieve legitimate goals as non-actionable subsidies WTO 55, SCM 215 restraint in challenging WTO 55 US$ 1, 000 ceiling methodology for calculating constant 1990 dollars, need for WTO 55 re-inclusion in list in case of fall below ceiling WTO 55 Art. 3.1(a), exemption of least-developed country Members WTO 55, SCM 320 Art. 27.4 (extension of transition period): see developing country Members (SCM 27), phase out/standstill obligation (SCM 27.4) SCM Committee, instructions to WTO 162, SCM 224-5 special and differential treatment: see special and differential treatment for developing country Members (Doha Declaration), review, need for, Decision on Implementation-Related Issues and Concerns and TRIMS Agreement and WTO 47 TRIPS Agreement and WTO 44, TRIPS 137 two-track approach WTO 32 decision-making procedures (WTO IX) WTO 276-89 authoritative interpretation (WTO IX:2): see interpretation of covered agreements, responsibility for (WTO IX:2) Decision-Making Procedures Under Articles IX and XII of the WTO Agreement, Council decision (1995) WTO 281 decisions, procedures and customary practices under GATT 1947 (WTO XVI:1) WTO 334-41, GATT 301, 306, 366 see also GATT practice under individual headings joint decisions, limitation to WTO 334 panel reports (adopted) WTO 277, 337-41, GATT 364n.543, SCM 82, DSU 68, 72-3 panel reports (unadopted) WTO 336, GATT 364n.543 SCM Code, whether WTO 335 determination of serious injury or threat thereof (SG 4), requirements see also "like or directly competitive product" (SG 2.1/SG 4.1(c)); MFN treatment (GATS II), determination of violation, requirements; national treatment, services and service suppliers (GATS XVII), determination of violation, requirements; national treatment, tax discrimination (GATT III:2), determination of violation, requirements causation (SG 4.2(b)) SG 160-1 see also safeguard measures (SG/GATT XIX), conditions (SG 2), causation (SG 2.1) analysis of conditions of competition, need for SG 149-51 coincidence of trends in imports and in injury factors SG 146-8 evaluation of all relevant factors of objective and quantifiable nature SG 141-4 factors other than increased imports causing injury, non-attribution requirement SG 141-4, 153-67 reasoned and adequate explanation, need for SG 166-7 relationships within and between agreements SG 144, 158 relevance in absence of serious injury SG 145, 148, 169-70 customs unions and free trade areas (GATT XXIV) exception and GATT 641 evaluation of all relevant factors (SG 4.2(a)) AD 112n.136, SG 84, 87, 163, DSU 294, 295-6 "as a whole" SG 89 factors not listed, right/obligation to examine SG 131, DSU 297 "factors other than increased imports" (SG 4.2(b)) non-attribution, need for demonstration of SG 162, 165-6 see also Anti-Dumping Agreement (AD), determination of injury (AD 3), evaluation of injury factors (AD 3.4) price analysis, relevance SG 42-4 "productivity" SG 130 segmented domestic industry and SG 133-6 "serious injury" (SG 4.1(a)) "material injury" (AD 3, SCM 15.7 and GATT VI) distinguished SG 86 quota modulation and (SG 5.2(b)) SG 59, 185 as "significant overall impairment" / "very high standard of injury" SG 83-90 "serious injury" (SG 4.1(a))/ "threat of serious injury" (SG 4.1(b)) "serious injury" (SG 4.1(a)), higher threshold SG 58 simultaneous determinations, possibility of SG 96 "such increased quantities", trends, need to examine SG 23-7, 126-8 "threat of serious injury" (SG 4.1(b)) SG 91-7 actual increase in imports, need for SG 94-5 "clearly imminent" SG 91 data from recent past/throughout investigation period, relative importance SG 93, 124-5 see also balance of payments difficulties, developing country Members' right to take import measures (GATT XVIII:B); biodiversity, protection; Committee on Agriculture; Committee on Trade and Development; developing country Members (AD 15); Enabling Clause, special treatment of least-developed country Members (para. 2(d)); government procurement, transparency, negotiation of multilateral agreement (Doha Round), developing and least-developed country Members, respect for needs of; implementation; implementation of recommendations and rulings of the DSB (DSU 21), impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau); safeguard measures (SG/GATT XIX), developing country Members; technical cooperation and capacity building (Doha Declaration); trade and competition policy (Doha Round), developing and least-developed country Members, respect for needs of; Trade, Debt and Finance, Working Group on (Doha Declaration); trade and environment, negotiations on relationship between WTO rules and MEAs (Doha Declaration), relevant factors, developing and least-developed country Members, respect for needs of; trade and investment, relationship (Doha Round), relevant factors, developing and least-developed country Members ACP-EC Partnership Agreement WTO 124 Anti-Dumping Agreement (AD) and WTO 54 decide on cross references Doha Development Agenda WTO 18 equivalence (SPS 4) and SPS 65 Joint Integrated Technical Assistance Programme (JITAP), identification of ways of enhancing and rationalizing (Doha Declaration) WTO 64 LIC and (LIC 1.2) LIC 9 Licensing Agreement and (LIC 1.2), automatic import licensing, delay in application (LIC 2) LIC 18-19 market access for non-agricultural products (Doha Round) WTO 39 notification obligations and procedures, programme of assistance WTO 171 notification requirements (AG 18.2) AG 106 special and differential development: see special and differential treatment for developing country Members (Doha Declaration); special and differential treatment (VAL 20/VAL, Annex III) trade and investment, relationship: see trade and investment, relationship (Doha Round) transfer of technology, measures to encourage WTO 63 TRIPS Agreement, review of implementation and WTO 78-9 TRIPS Agreement, right to delay application (TRIPS 65) TRIPS 95, 139-40, 142 WTO Agreement Preamble and WTO 5, 7, 8 developing country Members (AD 15) "anti-dumping duties" AD 464 provisional duty or security (AD 10.3) distinguished AD 465 "constructive remedy" decision not to impose anti-dumping duties AD 459 lesser duty or price undertaking AD 460, 463 "explore" AD 461-3 obligations (first sentence) AD 457 Tokyo Round Anti-Dumping Code (Art. 13) compared AD 457n.529 review, Doha Declaration AD 456 "special regard" AD 458 developing country Members (GATS IV) contact points (GATS IV:2) GATS 30, 32-3 electronic commerce and GATS 31 developing country Members (SCM 27) WTO 7 see also Decision on Implementation-Related Issues and Concerns (Doha), SCM Agreement, Annex VII(b) actionable subsidies (SCM 27.9). nullification or impairment claims, limitation to SCM 360 de minimis subsidization threshold (SCM 27.10 and 27.11) SCM 361 developing country Members covered by (Annex VII) graduation methodology SCM 464-6 Honduras, addition SCM 463 re-inclusion SCM 467 Doha Round WTO 52 exemption from SCM 3.1(a) (transitional period) (SCM 27.3) as authorization of prohibited subsidies (GATT III:2) SCM 325 termination SCM 326 Illustrative List of Export Subsidies (SCM Annex I), item (k) and SCM 316 phase out/standstill obligation (SCM 27.4) benchmark period (SCM 27.4, footnote 55) SCM 336 burden of proof AG 343-4 constant or nominal values as determining factor AG 335 export competitiveness, period for establishment of (SCM 32.5) 355-7 "product" 355n.491 extension of transition period, Decision on Procedures (Doha) WTO 17, 55, 124, SCM 345-9 extensions granted (2002) SCM 349 relative competitiveness and WTO 55 requests SCM 348 "grant" (SCM 27.4, footnote 55) AG 332-3, SCM 133-6 actual expenditure, limitation to SCM 337-8 "inconsistent with its development needs", responsibility for determining SCM 340-2 inflation, relevance AG 335 "prohibited" subsidy status (SCM 3.1(a)) and SCM 111-13, 317 SCM 25, relevance SCM 313, 320 SCM 27.2(b) and SCM 317-18, 322 SCM 27.5 and SCM 355-7 "shall phase out" SCM 329-31 serious prejudice (SCM 27.7) SCM 359 directly competitive or substitutable products (GATT III:2) GATT 172-91 see also determination of serious injury or threat thereof (SG 4), requirements; "like product" (GATT III:2 and III:4); national treatment, tax discrimination (GATT III:2); Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member's determination of, requirements, "domestic industry producing like and/or directly competitive products" criteria potential to compete as determining factor GATT 127, ATC 57, 60 "directly" GATT 183, ATC 57, 60, 61 as dynamic relationship (including possibility of latent demand) GATT 95, 177-83, 224 nullification or impairment, evidence of DSU 79 Director-General (WTO) rules and procedures WTO 258 role and responsibilities chair of Trade Negotiations Committee WTO 70 consultation with respect to technical cooperation and capacity building WTO 64, 65 disclosure obligation burden of proof and DSU 280 consultations (DSU 4) DSU 88, 595 discrimination: see Enabling Clause; General Exceptions (GATT XX), chapeau, application of measure as means of arbitrary or unjustifiable discrimination; MFN treatment (GATS II); MFN treatment (GATT I); MFN treatment (TRIPS 4); national treatment, regulatory discrimination (GATT III:4); national treatment, tax discrimination (GATT III:2); non-discriminatory administration of quantitative restrictions (GATT XIII); SPS Agreement, appropriate level of protection (SPS 5.5-5.6), consistency in application (SPS 5.5); SPS Agreement, basic rights and obligations (SPS 2), arbitrary or unjustifiable discrimination, exclusion (SPS 2.3) appointment of officers WTO 140 communication with DSU 13 "date of circulation" (DSU 2) DSU 12 functions (DSU Art. 2.1) adoption of Panel and Appellate Body reports WTO 136 authorization of suspension of concessions and other obligations under the covered agreements WTO 136 establishment of panels WTO 136 establishment of Rules of Conduct: see Rules of Conduct surveillance of implementation of rulings and recommendations WTO 136 General Council as WTO 136 rules of procedure (1995) WTO 140, DSU 11 Special Session for the negotiation of improvements to and clarifications of the DSU issues addressed WTO 85 negotiation proposals WTO 85 responsibility for negotiations WTO 71 "single undertaking" principle, as exception to WTO 21, 23, 56, 83, 142 timetable WTO 83 two-track approach WTO 84 Dispute Settlement Understanding (DSU) "covered agreements", applicability to (DSU 1.1) DSU 1-5 GATT 1994 DSU 4 "dispute settlement", expeditious arbitration as alternative means (DSU 25.1) DSU 559 improvements and clarifications (Doha Round), : see Dispute Settlement Body (DSB), Special Session for the negotiation of improvements to and clarifications of the DSU as integral part of WTO Agreement WTO 11 obligation to have recourse to (DSU 23.1) as "exclusive jurisdiction" clause DSU 552 prohibition of suspensions prior to completion of DSU 22 procedures DSU 554 "recourse to, and abide by" DSU 552-3 in "seeking redress of WTO violation" DSU 551 review (Marrakesh Ministerial Declaration) WTO 82 special or additional rules and procedures (DSU 1.2): see special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2) time-periods, calculation (DSU 2) DSU 14 dissemination of information Integrated Data Base (IDB) and Consolidated Tariff Schedules (CTS) data base WTO 220 TBT standards TBT 39 diversification, integration of LDCs into multilateral trading system and WTO 65 documents: see WTO documents Doha Development Agenda WTO 18 agriculture: see agriculture (Doha Round) Committee on Trade and Development, role: see Committee on Trade and Development Committee on Trade and Environment, role: see Committee on Trade and Environment Electronic Commerce Work Programme: see Electronic Commerce Work Programme equivalence (SPS 4) and SPS 65 key decisions WTO 123 external debt: see Trade, Debt and Finance, Working Group on (Doha Declaration) Inter-Agency Panel on Short-Term Difficulties in Financing Normal Levels of Commercial Import of Basic Foodstuffs: see Inter-Agency Panel on Short-Term Difficulties in Financing Normal Levels of Commercial Import of Basic Foodstuffs investment: see trade and investment, relationship (Doha Round) least-developed country Members: see least-developed country Members market access for non-agricultural products: see market access for non-agricultural products (Doha Declaration) negotiating mandate, Declaration as WTO 16-91 negotiations procedure WTO 69 see also market access for non-agricultural products (Doha Declaration), Negotiating Group on Market Access; Negotiating Group on Rules; Trade Negotiations Committee (TNC) residual responsibility for implementation issues WTO 71 stuctrure as established by TNC WTO 71 transparency requirement WTO 25 see also government procurement, transparency, negotiation of multilateral agreement (Doha Round) participation decision-taking WTO 24 observer governments of States and separate customs territories in process of accession or negotiation WTO 24 WTO Members WTO 24 prevention of customs fraud VAL 17-18 relevant documents (as adopted by Doha Declaration) Decision on "ACP-EC Partnership Agreement" WTO 17 Decision on Implementation-Related Issues and Concerns: see Anti-Dumping Agreement (AD), Decision on Implementation-Related Issues and Concerns and; Decision on Implementation-Related Issues and Concerns (Doha) Decision on Procedures for Extensions under Article 27.4 for Certain developing country Members: see developing country Members (SCM 27), phase out/standstill obligation (SCM 27.4) Decision on the "Transitional Regime for the EC Autonomous Tariff Rate Quota Regime on Imports of Bananas" WTO 17 Declaration on Trips Agreement and Public Health WTO 1 "single undertaking" principle WTO 21, 23, 80 agriculture WTO 33 Anti-Dumping Agreement (AD) WTO 80 DSU as exception WTO 21, 23, 56, 83 RTAs WTO 80 SCM Agreement WTO 80 small economies: see small economies (Doha Declaration) special and differential treatment: see special and differential treatment for developing country Members (Doha Declaration) sustainable development and WTO 27 trade facilitation: see trade facilitation (Doha Round) trade and investment, relationship: see trade and investment, relationship (Doha Round) Trade Negotiations Committee (TNC): see Trade Negotiations Committee (TNC) TRIPS: see TRIPS (Doha round) Work Programme Declaration as WTO 18 as framework for negotiations WTO 28 timetable WTO 20 DSU review WTO 20 progress report, need for WTO 20, 30 "single undertaking" principle and WTO 80 topics not subject to specific negotiations WTO 30 progress report, need for WTO 30 domestic law: see municipal law domestic regulation (GATS VI): see GATS, domestic regulation (GATS VI) domestic support (AG 3), limitation to commitment levels specified in Member's Schedule (AG 3(2)), "subject to provisions of Art. 6" AG 12 double taxation measures, justification (Illustrative List, SCM Annex I (item (e)), footnote 59) burden of proof SCM 413 "foreign-source income" SCM 26-7, 116-17, 404, 406 design, structure and architecture of measures, relevance SCM 407 international tax law principles and SCM 410 nexus between income and activities in foreign State, need for SCM 411-12 double taxation measures, justification (Illustrative List, SCM Annex I(item (e)), Footnote 59), applicable law/Member's right to determine applicable rules, international tax law principles SCM 410 drafting history: see interpretation of covered agreements, means, preparatory work (VC 32) DSU: see Dispute Settlement Understanding (DSU) due diligence requirement: see Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member's determination of, requirements, due diligence due process (application of trade measures) GATT 537 see also public notice and explanation of determinations (AD 12), due process and due process (dispute settlement proceedings) Article 22.6 arbitration and DSU 483, 504 disclosure obligation DSU 280 good faith evaluation of evidence and DSU 250 new argumentation, cut-off date DSU 175 notice of appeal, requirements (AB/WP 20(2)) DSU 382, 600 notification of nature of case DSU 122 "objective assessment of matter before it" obligation (DSU 11) and DSU 248, 603 opportunity to defend oneself DSU 209, 210 opportunity to respond to evidence/presentations of other parties SCM 139, 141, DSU 170, 175, 185, 248, 258, 319, 385, 598, 602-3 panel reports, rationale (DSU 12.7) and DSU 321 panel working procedures, need for DSU 172, 592-4 panel's discretion on matters of procedure (DSU 12.1 and Appendix 3) DSU 229, 237 prejudice to party, relevance DSU 166-9, 175, 211, 385, 596 specificity requirements (DSU 6.2) DSU 483
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