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home > resources > publications > wto analytical index > page e |
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SUBJECT INDEX E |
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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. |
East African Community (EAC) Treaty, Enabling Clause and GATT 37 EC - Asbestos (AB) amicus curiae briefs, additional procedures DSU 380, 625, 638 burden of proof, onus probandi actori incumbit GATT 583-4 competence (AB) (DSU 17.6) completion of legal analysis factual basis contentiousness/omission/insufficiency of facts DSU 372 insufficient argument of novel issue DSU 372 directly competitive or substitutable products (GATT III:2), as dynamic relationship (including possibility of latent demand) GATT 95, 224 evidence (GATT XX: justification) scientific evidence, evaluation GATT 543-6 scientific sources representing divergent opinion GATT 544 General Exceptions (GATT XX) alternative WTO-consistent measure, availability GATT 547-9 measures necessary to protect human, animal or plant life or health (GATT XX(b)) GATT III:4 (national treatment, regulatory discrimination) and GATT 254 justification evidence of health risks, relevance GATT 254 good faith reliance on GATT 544 "preponderant" evidence. 2.544 good faith (including pacta sunt servanda principle (VC 26)), scientific evidence, reliance on GATT 544 "like product" (GATT III:2 and III:4) competitive relationship, need for GATT 215, 217, 221-3 evidence of health risks, relevance GATT 223 determination of "likeness" in case of conflicting evidence GATT 225 need to take account of all the evidence GATT 220 GATT III:4 compared GATT 120, 138, 212-14, 215-17 relevant factors Border Tax Adjustment, Working Party on GATT 217 consumer preferences GATT 217, 220, 222-4 fluidity GATT 217 health risks GATT 223 physical properties GATT 221 tariff classifications GATT 217 national treatment, general principle (GATT III:1), as context for interpretation of GATT III:2-5 GATT 212 national treatment, regulatory discrimination (GATT III:4) burden of proof GATT 210 GATT XX and GATT 254 "less favourable treatment" grouping approach GATT 244 as requirement for violation finding GATT 216 national treatment, tax discrimination (GATT III:2), first and second sentences distinguished GATT 213-14 non-violation claims (GATT XXIII:1(b)) "any measure" GATT 573 non-commercial measure GATT 579 burden of proof GATT 583-5 as exceptional remedy GATT 573, 575 GATT XXIII:1(b) distinguished GATT 573 measure in "conflict" with GATT provisions, applicability to GATT 573 concurrent application to measures falling under other provisions of GATT GATT 578 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4), ascertainable/theoretical risk distinguished (SPS 5.1), quantitative threshold, relevance GATT 545 standard of review (DSU 11), "objective assessment of the facts", evidence, alleged disregard or distortion by panel, discretion in assessment of evidence GATT 543 TBT Agreement "technical regulation" (Annex 1.1) TBT 2, 57-8 identifiability requirement TBT 58 express identification, relevance TBT 60 EC - Asbestos (Panel) amicus curiae briefs, preliminary ruling DSU 625, 638 burden of proof delay in submitting claim and GATT 585 onus probandi actori incumbit GATT 522 prima facie case, need for GATT 522 SPS measures, sufficiency of scientific evidence (SPS 2.2) GATT 523 decisions, procedures and customary practices under GATT 1947 (WTO XVI:1) GATT 366 General Exceptions (GATT XX), burden of proof, chapeau and paras. a-j distinguished GATT 522 interpretation of covered agreements, guidelines, multiple authentic languages (VC 33), "and"/"comme" GATT 365, 366, DSU 56 interpretation of covered agreements, means, different language in same agreement GATT 367n.554 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 365 quantitative restrictions (GATT XI) distinguished GATT 270, 365-7 national treatment, regulatory discrimination (GATT III:4) "laws, regulations or requirements", identity of measure, relevance GATT 366 "restrictions made effective through state-trading organizations" (Ad Articles XI, XI, XIII, XIV and XVIII) GATT 367 non-violation claims (GATT XXIII:1(b)) "benefit"/legitimate expectation of improved market access as as norm GATT 592 reasonable anticipation and GATT 596-8 nullification or impairment, need for GATT 603 preliminary rulings, amicus curiae briefs DSU 625 quantitative restrictions, elimination (GATT XI) GATT III and GATT 270 national treatment (GATT III) and GATT 365-7, 382 "prohibition or restriction" (GATT XI:1), "restrictions made effective through state-trading organizations" (Ad Articles XI, XI, XIII, XIV and XVIII) GATT 373 relationships within and between agreements GATT III:4/GATT XI GATT 382 GATT/TBT DSU 326 State trading enterprises (GATT XVII), national treatment, regulatory discrimination (GATT III:4) and GATT 367 TBT Agreement, technical expert group, panel's right to establish (TBT 14.2), individual advice, right to seek TBT 54 EC - Bananas III (AB) Agreement on Agriculture (AG) GATT 1994 and (AG 21.1), market access concessions and commitments (AG 4.1) and GATT 88, AG 113 Modalities Paper and, non-discrimination (GATT XIII) and GATT 413, AG 113 object and purpose (Preamble), on-going reform AG 113 consultations (DSU 4), joinder of third parties having "substantial trade interest" (DSU 4.11) DSU 123, 238 directly competitive or substitutable products (GATT III:2), nullification or impairment, evidence of DSU 79 due process (dispute settlement proceedings), panel working procedures, need for DSU 592, 605 GATS, applicability (GATS I), GATT 1994, overlap GATT 288 GATS, dispute settlement and enforcement (GATS XXIII), nullification and impairment (DSU 3.8) distinguished DSU 83 GATT 1994, object and purpose (GATT I:1), non-discrimination GATT 5 Import Licensing Procedures Agreement neutrality in application and administration in a fair and equitable manner, need for (LA 1.3), administration in a uniform, impartial and reasonable manner (GATT X:3(a)), equivalence GATT 357 rules and procedures distinguished LIC 4 tariff quotas, applicability to LIC 2, 13 use of "restriction" in LIC 3.2 and 3.3, relevance LIC 2 interpretation of covered agreements, means, same or closely related phrases in different agreements, GATT X:3(a)/LIC 1.3 GATT 357 licensing procedures, national treatment, regulatory discrimination (GATT III:4) and GATT 235 "like product" (GATT I), "any product originating in or destined for another country", administrative distinctions, relevance GATT 13 Lomé waiver WTO 284-5, GATT 26, 407, DSU 317 market access (AG 4) concessions and commitments (AG 4.1) consistency with GATT XIII GATT 413 reform process, as essential part of AG 113 MFN treatment (GATS II) determination of violation, requirements, aims and effects test GATT 110, GATS 21 national treatment (GATS XVII) distinguished GATS 17 "treatment no less favourable" (GATS II:1), de facto discrimination GATS 17 MFN treatment (GATT I:1) "advantage", allocation of tariff quotas GATT 9 de facto discrimination GATT 5 modification of schedules (GATT XXVIII), applicability of GATT I and XIII GATT 28, 63 national treatment, general principle (GATT III:1), "so as to afford protection", GATS II and XVII distinguished GATS 17 national treatment, regulatory discrimination (GATT III:4) "affecting" hurricane licences GATT 248 purpose of measure, relevance GATT 235 general principle (GATT III:1) and GATT 208 "less favourable treatment" discriminatory system for allocation of import licences GATT 85, 103, 261 formal differentiation in treatment, relevance GATT 248 GATT practice GATT 263 "so as to afford protection" GATT 208 national treatment, services and service suppliers (GATS XVII), determination of violation, requirements, aims and effects test GATT 110, GATS 64 non-discriminatory administration of quantitative restrictions (GATT XIII) administrative distinctions, relevance GATT 395 AG 4.1 (market access) and GATT 413 allocation to Members not having a substantial interest (GATT XIII:1) GATT 397 distribution of trade as close as possible to expected shares in absence of restrictions as aim (GATT XIII:2, chapeau) GATT 399 notice of appeal, requirements (AB/WP 20(2)), statement of allegation of error on issues of law/legal interpretations (AB/WP 20(2)(d)) DSU 383 nullification or impairment (DSU 3.8) adverse impact/prejudice, relevance DSU 79 GATS XXIII (dispute settlement and enforcement), distinguished GATS 84, DSU 83 presumption in case of inconsistency with covered agreement DSU 79 precedent, decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports preceding relevant AB decisions GATT 132n.208 preliminary rulings procedures, need for DSU 177, 592, 605 timing DSU 592 publication and administration of trade regulations (GATT X) national treatment (GATT X:1) and GATT 341 relationship with other GATT provisions GATT 342, 352 uniform, impartial and reasonable administration (GATT X:3(a)) GATT 342 relationships within and between agreements AG 4.1 and 21.1/GATT XIII GATT 413 DSU 3.8/GATS XXIII:1 GATS 84, DSU 83 GATT I/GATT XIII GATT 407 GATT III:1/GATT III:4 GATT 211 GATT /GATT as a whole GATT 342 GATT X:3(a)/LIC 1.3 GATT 357, DSU 323 GATT/GATS DSU 124 specific/general provision GATT 278, DSU 322-3 request for establishment of panel, requirements (DSU 6.2) compliance, importance of scrutiny by DSB DSU 120-1 scrutiny by panel DSU 120-1, 131n.172 fruitfulness of action, determination by Member DSU 124 identification of specific measures at issue, specificity, preliminary ruling on DSU 613 legal basis of claim DSU 121 arguments distinguished DSU 171, 218 rectification at subsequent stages, arguments in written or other submission or statement DSU 171 legal basis of claim, summary, sufficiency, listing of articles of agreement allegedly breached DSU 163 Schedules of Concessions (GATT II) diminishment of obligations, exclusion GATT 62-3, 84 interpretation and clarification, Marrakesh Protocol as aid GATT 62-3 "subject to the terms, conditions or qualifications in the schedule" (GATT II:1(b)), diminishment of obligations, exclusion GATT 62, 84 SCM Agreement, relationship with other agreements, TRIMS TRIMS 35n.50 standing/right to bring claim (DSU 3.7), legal interest, relevance DSU 110, 123-4, 238 terms of reference of panels (DSU 7), request for establishment of panel as basis DSU 121 TRIMS, relationship with other agreements, SCM Agreement TRIMS 35n.50 waivers, GATT I/GATT XIII waivers, relationship GATT 407 Working Procedures (appellate review) (DSU 17.9) composition of delegation legal representation DSU 628-9 Member's right to determine DSU 621, 628-9 EC - Bananas III (Article 21.3) burden of proof, implementation measures, reasonable period for (DSU 21.3(c)) DSU 454 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 432 burden of proof DSU 454 EC - Bananas III (Article 21.5 - Ecuador) (Panel) non-discriminatory administration of quantitative restrictions (GATT XIII) allocation of quotas to Members not having a substantial interest (GATT XIII:2(d)) GATT 402-3 object and purpose (GATT XIII:2) GATT 402 EC - Bananas III (Ecuador) (Article 22.6 - EC) arbitration (DSU 22.6) scope of review agreement/sector for which authorization is sought (DSU 22.3), limitation to DSU 486 determination of "equivalence" (DSU 22.3) DSU 511 methodology paper, request for DSU 529 specificity requirements agreement and sectors (DSU 22.3) DSU 486 arbitrators' margin of discretion DSU 493 DSU 6.2 requirements, applicability DSU 483, 504 specific level of suspension (DSU 22.4) DSU 485, 500-1 due process (dispute settlement proceedings) Article 22.6 arbitration and DSU 483, 504 specificity requirements (DSU 6.2) DSU 483, 504 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB to make suggestions DSU 403 interpretation of covered agreements, specific terms and phrases "effective" (DSU 22.3(b) and (c)) DSU 492 "practical" (DSU 22.3(b) and (c)) DSU 492 relationships within and between agreements, DSU 22.3(b)/DSU 22.3(c) DSU 494 request for establishment of panel, requirements (DSU 6.2), suspension of concessions (DSU 22.2), applicability to DSU 483, 504 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) level equivalent to nullification or impairment (DSU 22.4), Article 22.6 Arbitrator's right to review DSU 511 suspension in other sectors (DSU 22.3(b))/under other agreements (DSU 22.3(c)), relationship between DSU 494 suspension in same sector as violation as preferred option (DSU 22.3(a)) DSU 489 "if that party considers that it is not practical or effective" (DSU 22.3(b) and (c)) DSU 492-3 TRIPS Agreement, intellectual property conventions (TRIPS 2), preservation of existing obligations (TRIPS 2.2) TRIPS 14 EC - Bananas III (Panel) consultations (DSU 4) adequacy of consultations, Panel responsibilities in relation to DSU 89 establishment of panel, as prerequisite, exceptions, agreement within 60 day period that consultations have failed to settle dispute (DSU 4.7) DSU 92 developing country Members, Licensing Agreement and (LIC 1.2) LIC 9 GATS, applicability (GATS I) "affecting" (GATS I:1) GATS 5 "measures affecting trade in services" (GATS I:1) GATS 4-5 Import Licensing Procedures Agreement conformity with GATT principles and obligations requirement (LIC Preamble and 1.2), single undertaking principle, effect LIC 7 developing country Members, and (LIC 1.2) LIC 9 national treatment (GATT III:4) and GATT 235, TRIMS 23 interim review (DSU 15), third party rights DSU 234 interpretation of covered agreements, guidelines effectiveness principle (ut res magis valeat quam pereat/effet utile) LIC 8 object and purpose, GATT XIII:2 GATT 396 interpretation of covered agreements, ordinary meaning "affecting" (GATS I:1) GATS 5 "no less favourable treatment" (SG II:1 and XVII:1) GATS 17 Lomé waiver GATT 26, 407, DSU 317 right of Panel to consider DSU 317 MFN treatment (GATS II), "like service and service supplier" (GATS II:1), wholesale transactions GATS 19 national treatment (GATS XVII), "like service and service supplier" (GATS II:1), wholesale transactions GATS 63 national treatment, regulatory discrimination (GATT III:4) "affecting", licensing procedures GATT 235 "affecting their internal sale, offering for sale, purchase ...", purpose of measure, relevance GATT 235 general principle (GATT III:1) and GATT 235 national treatment, services and service suppliers (GATS XVII), determination of violation, requirements, aims and effects test GATS 63 non-discriminatory administration of quantitative restrictions (GATT XIII) allocation of quotas to Members having a substantial interest (GATT XIII:2(d)) GATT 404 allocation of quotas to Members not having a substantial interest (GATT XIII:2(d)), allocation of tariff/import quotas to non-Members GATT 404, 405 inclusion of inconsistent allocations in Schedule of Concessions, relevance GATT 89 object and purpose (GATT XIII:2) GATT 396 relationships within and between agreements TRIMS 23 GATT X:1/GATT X:3 GATT 341 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue, measures implementing measure specifically referred to, sufficiency DSU 132 legal basis of claim, arguments distinguished DSU 218 legal basis of claim, summary, sufficiency, listing of articles of agreement allegedly breached DSU 162 Schedules of Concessions (GATT II), interpretation and clarification, Vienna Convention on the Law of Treaties GATT 89 third party rights panel proceedings (DSU 10 and Appendix 3) enhancement in accordance with due process agreement between the parties, relevance DSU 232 opportunity to be heard at second substantive meeting DSU 233 panel's discretion and DSU 232 participation in interim review process (DSU 15), exclusion DSU 234 presence at second substantive meeting DSU 233 submission of additional written material, exclusion DSU 233 GATT practice DSU 232 opportunity to be heard (DSU 10.2) DSU 232 "present their views" (Appendix 3, para. 6) DSU 233 written submissions (DSU 10.2) DSU 232 TRIMS Agreement, national treatment (GATT III:4) and TRIMS 23 waivers, GATT I/GATT XIII waivers, relationship GATT 407 Working Procedures (panel) (DSU 12.1 and Appendix 3), departure from after consultation with/agreement of parties (DSU 12.1) DSU 233 WTO Agreement conflict between constituent covered agreements (WTO, Annex 1A) existence TRIMS 21-2 GATT 1994/LIC and TRIMS 2 TRIMS 21-2 EC - Bananas III (US) (Article 22.6 - EC) arbitration (DSU 22.6) scope of review determination of "equivalence" (DSU 22.3) DSU 514-16, 518-19 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 487 specific level of suspension (DSU 22.4) DSU 497 third party rights DSU 507 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3), business confidential information (DSU 18.2), additional procedures, need for DSU 392 interpretation of covered agreements, ordinary meaning, "equivalent" (DSU 22.4) DSU 514 interpretation of covered agreements, specific terms and phrases, "appropriate" (GATT 1947: XXIII:2) DSU 515 nullification or impairment (DSU 3.8) direct or indirect benefits (DSU 3.3) DSU 522 lost opportunities, relevance DSU 522 presumption in case of inconsistency with covered agreement DSU 522 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) level equivalent to nullification or impairment (DSU 22.4) aggregate effects on suppliers as a whole DSU 524 "appropriate" (GATT 1947: XXIII:2) distinguished DSU 515 comparability of bases, need for DSU 527 double-counting DSU 523 "equivalent" DSU 514 lost opportunities, relevance DSU 522 national treatment provisions (GATT III) distinguished DSU 522 nullification or impairment (DSU 3.8) distinguished DSU 522 suspension in same sector as violation as preferred option (DSU 22.3(a)), "sectors" DSU 490 as temporary measure (DSU 22.8) DSU 476 third party rights, Article 22.6 arbitration DSU 507 EC - Bed Linen (AB) Anti-Dumping Agreement (AD), determination of dumping (AD 2) calculation of administrative, selling and general costs and profits (AD 2.2.2) "weighted average" (AD 2.2.2(ii)) sales not in the ordinary course of trade ("actual amounts incurred and realized") AD 35-6 single exporter or producer, sufficiency AD 34, 389 calculation of dumping margins (AD 2.4) comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2) AD 60 "comparable" AD 61-2 imposition and collection of anti-dumping duties (AD 9), relevance AD 68n.92 product types/product as a whole (AD 2.4.2) AD 63 targeted dumping AD 68 fair comparison of export price and normal value (AD 2.4), margins of dumping (AD 2.4.2) AD 58-9 sales transaction not "in the ordinary course of trade", weighted average (AD 2.2.2(ii)) and AD 35-6 interpretation of covered agreements, guidelines, multiple permissible interpretations AD 515n.629 interpretation of covered agreements, specific terms and phrases, "comparable" (AD 2.4.2) AD 61-2 relationships within and between agreements AD 2.2.2(i)/AD 9.4(i) AD 34, 389 AD 2.4/AD 2.4.2 AD 62 standard/powers of review (AD 17.6), interpretation of relevant provisions of AD (AD 17.6(ii)), "admits of more than one permissible interpretation" AD 515n.629 EC - Bed Linen (Article 21.5 - India) (Panel), request for establishment of panel, requirements (DSU 6.2), legal basis of claim, arguments distinguished DSU 176 EC - Bed Linen dispute, implementation of recommendations and rulings of the DSB (DSU 21), ad hoc procedural arrangements DSU 473 EC - Bed Linen (Panel) AD Agreement, preparatory work (VC 32), AD 3.4 AD 112 Anti-Dumping Agreement (AD), determination of dumping (AD 2) calculation of administrative, selling and general costs and profits (AD 2.2.2) method, Members' freedom of choice AD 29 methods, hierarchical, whether AD 29 reasonability test, relevance AD 37 calculation of dumping margins (AD 2.4), "margins" of dumping AD 58 Anti-Dumping Agreement (AD), determination of injury (AD 3) "dumped imports" AD 93-4, 108, 135 evaluation of injury factors (AD 3.4) all relevant economic factors and indices, need to examine checklist approach AD 124 grammar, relevance AD 112 "including" AD 112 "or" AD 112 consideration of each factor, need to be "apparent" in final determination AD 122 "domestic industry" companies outside domestic industry, relevance AD 110, 174 domestic producers outside selected example, relevance AD 109, 174 Anti-Dumping Agreement (AD), "domestic injury" (AD 4), "domestic producers" (AD 4.1), single domestic producer, applicability to AD 173 Anti-Dumping Agreement (AD), imposition and collection of anti-dumping duties (AD 9), calculation of "all other" anti-dumping duty rate (AD 9.4), single exporter or producer (AD 9.4(i)), sufficiency AD 389 consultations (DSU 4), confidentiality (DSU 4.6), disclosure of information obtained in same proceedings DSU 104 developing country Members (AD 15) "anti-dumping duties" AD 464 provisional duty or security (AD10.3) distinguished AD 465 "constructive remedy" decision not to impose anti-dumping duties AD 459 lesser duty or price undertaking AD 460 "explore" AD 461-2 due process (dispute settlement proceedings), prejudice to party, relevance DSU 168 evidence (panel procedures) (DSU 12), municipal law procedure distinguished DSU 256 good faith (including pacta sunt servanda principle (VC 26)), "explore" (AD 15) AD 461 information or technical advice, panel's right to seek (DSU 13) DSU 256 interpretation of covered agreements, guidelines grammar, respect for "or" AD 112 semi-colons, significance AD 112 use of plural form, relevance AD 173, 362n.454, 389 text/plain language AD 37 interpretation of covered agreements, means, dictionaries AD 459 interpretation of covered agreements, ordinary meaning, "shall include" AD 112 interpretation of covered agreements, specific terms and phrases "domestic producers" (AD 4.1) AD 173-4 "dumped imports" AD 93-4, 108, 135 investigation of dumping (AD 5)/subsidy (SCM 11), evidence, sufficiency, investigating authority's obligation to examine accuracy and adequacy (AD 5.3), "examine" AD 204 procedure, international and municipal rules distinguished DSU 256 public notice of preliminary or final determination (AD 12.2), explanations for initiation of investigations, relevance AD 441-2 relationships within and between agreements AD 1/AD 15 AD 464-5 AD 2.2.2(i)/AD 9.4(i) AD 389 AD 3.4/AD 12.2 AD 447 AD 9.1/AD 15 AD 459 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, omission of subject discussed during consultations, relevance DSU 98 retroactivity (provisional measures and anti-dumping duties) (AD 10), definitive duty higher than provisional duty, payment/recalculation (AD 10.3) AD 464 standard of review (DSU 11), "objective assessment of the facts", evidence, alleged disregard or distortion by panel, obligation to examine and evaluate evidence DSU 256 standard/powers of review (AD 17.6) "facts made available" (AD 17.5(ii)) documents created for purposes of dispute AD 500 evidence before authority at time of determination, limitation to AD 505 EC - Citrus Products (Panel) MFN treatment (GATT I:1), as non-violation claim "benefit" (GATT XXIII:1(b)) GATT 589n.814 non-violation claims (GATT XXIII:1(b)), "benefit", MFN treatment GATT 589n.814 EC - Computer Equipment (AB) due process (dispute settlement proceedings), prejudice to party, relevance DSU 211, 596 interpretation of covered agreements, guidelines legitimate expectations, relevance, tariff concessions in Member's schedule and GATT 67-9, 82, DSU 45, 70 parties' intentions (VC 31(1)), common intention DSU 45, 70 interpretation of covered agreements, means context (VC 32) customs classification practice DSU 37-8 prior practice, need for consistency DSU 38 preparatory work (VC 32) DSU 34 interpretation of covered agreements, preparatory work (VC 32) Harmonized System of Customs Classification and Explanatory Notes DSU 37 unilateral customs classification practice DSU 38 non-violation claims (GATT XXIII:1(b)), "benefit"/legitimate expectation of improved market access as, reasonable anticipation and GATT 599 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue application of tariffs as measure DSU 155 identification of product, need for DSU 137 "practice" as measure DSU 155 Schedules of Concessions (GATT II) as integral part of GATT 1994 (GATT II:7) GATT 83 interpretation and clarification applicable rules, Vienna Convention on the Law of Treaties GATT 67 common intentions of parties GATT 67-8, DSU 70 Harmonized System and Explanatory Notes and GATT 70 legitimate expectations and GATT 67-9, 82 "treatment contemplated" (GATT II:5) and GATT 82, DSU 45 Member State practice GATT 72-4 World Customs Organization decisions and GATT 71 World Customs Organization (WCO), decisions as aid to interpretation of Schedules of Tariff Concessions GATT 71 EC - Cotton Yarn (GATT Panel), developing country Members (AD 15), obligations (first sentence), Tokyo Round Anti-Dumping Code (Art. 13) compared AD 457n.529 EC - Hormones (AB) burden of proof allocation, general rule/exception, relationship, relevance, SPS 3.1 and 3.3 DSU 270 onus probandi actori incumbit DSU 269 prima facie case, need for GATT 37, 362, 461, SPS 175-6 "prima facie" SPS 179, DSU 270 SPS measures DSU 269 guidelines and recommendations, possibility of non-compliance or non-existence (SPS 5.8) SPS 136 harmonization of measures (SPS 3) GATT 37, SPS 27, 41, 176, DSU 270 risk assessment (SPS 5) SPS 136 competence (AB), classification as issue of law or fact, credibility and weight of evidence DSU 268, 357 competence (AB) (DSU 17.6) classification as issue of law or fact, compliance/consistency with treaty obligations DSU 355 completion of legal analysis, in case of disagreement with panel DSU 366 issues of law/legal interpretations, alleged failure of panel to make objective assessment (DSU 11) DSU 356 competence (panels) completion of legal analysis DSU 172 objections, requirements, opportunity to cure procedural defect and DSU 608 competence of panels and AB (DSU 3.2), right to develop own legal reasoning including arguments not adduced by parties (jura novit curia) DSU 174 due process (dispute settlement proceedings) good faith evaluation of evidence and DSU 250 panel's discretion on matters of procedure (DSU 12.1 and Appendix 3) DSU 229 expert evidence, multiple complainants and (DSU 9.3) DSU 227-9 expert review groups, rules and procedures (DSU, Appendix 4) appointment procedures SPS 162 panel's right to establish ad hoc rules SPS 160 information or technical advice, panel's right to seek (DSU 13) expert evidence (DSU 13.2), individual advice, right to seek SPS 159 panel's rights to establish group of experts DSU 336 to make ad hoc rules DSU 336 information or technical advice, panel's right to seek (SPS 11.2) expert evidence (SPS 11.2), individual advice, right to seek SPS 159, DSU 336 panel's right to consult individual experts SPS 159 interpretation of covered agreements, applicable law, customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)], DSU 3.2 SPS 3 interpretation of covered agreements, guidelines, text/plain language SPS 67, DSU 28 interpretation of covered agreements, means footnotes to treaty SPS 45 in dubio mitius principle, as supplementary means of interpretation DSU 40 same or closely related phrases in same agreement, SPS 2.1/SPS 2.4/SPS 3.1/3.2/SPS 3.3 SPS 35 interpretation of covered agreements, ordinary meaning, "based on" SPS 34-5, 85 multiple complainants (DSU 9) harmonization of panels and timetables (DSU 9.3), joint meeting with experts DSU 227 prompt and satisfactory resolution of disputes, Members' right to (DSU 3) and, joint meeting with experts DSU 227 third party participation in panel proceedings initiated by another complainant DSU 229 municipal law, incorporation of international SPS standard SPS 50 national treatment, tax discrimination (GATT III:2), discrimination or disguised restriction of trade resulting from inconsistency of SPS measure (SPS 5.5) distinguished SPS 111-12 non-retroactivity of treaties (VC 28) in absence of different intention DSU 62 continuing measures DSU 62 precautionary principle customary international law, whether SPS 2 SPS and consistency of measures with SPS agreement, need for SPS 3 SPS Preamble SPS 3 sufficient scientific evidence (SPS 5.7) SPS 3, 10 prompt and satisfactory resolution of disputes, Members' right to (DSU 3), impairment of benefits by measures taken by another Member (DSU 3.3), multiple complainants (DSU 9.3) and DSU 227 relationships within and between agreements, SPS 2/SPS 5 SPS 23 request for establishment of panel, requirements (DSU 6.2), legal basis of claim, arguments distinguished DSU 172 SPS Agreement, applicability (SPS 1.1), measures in existence before entry into force of SPS agreement SPS 6-7 SPS Agreement, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5) arbitrary or unjustifiable inconsistencies, exclusion SPS 110 cumulative nature of obligations SPS 103 discrimination or disguised restriction of trade resulting from inconsistency SPS 111-13 distinctions in the level of protection in different situations, comparability SPS 106 legal obligation, whether SPS 104 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 20 as balance between promotion of international trade and protection of human, animal or plant life or health SPS 9, 66 SPS Agreement, consultation and dispute settlement (SPS 11), standard of review, absence of provisions SPS 183-4 SPS Agreement, definitions (Annex A), "risk assessment" (Annex A, para. 4): see SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) SPS Agreement, harmonization of measures (SPS 3) measures based on international standards (SPS 3.1) "based on" SPS 34-8 burden of proof GATT 37, SPS 176, DSU 270, 274 measures which conform to international standards (SPS 3.2) burden of proof SPS 41, DSU 270 incorporation into municipal law SPS 50 presumption of consistency SPS 50, DSU 270 measures which result in a higher level of protection (SPS 3.3) as autonomous right SPS 44, DSU 270 "if there is a scientific justification", "or as a consequence ... " SPS 45 interrelationship with SPS 3.1 and 3.2 SPS 49-50 Members' right to choose SPS 3, 44-6 SPS 5.1-8, obligation of compliance SPS 45-6 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4), "scientific justification" (SPS 2.3) and SPS 66-7, 139-40 SPS Agreement, international standards, guidelines and recommendations, possibility of non-compliance or non-existence (SPS 5.8), burden of proof SPS 136, 176 SPS Agreement, interpretation, applicability to pre-existing situations and measures DSU 62 SPS Agreement, Preamble international standards, guidelines and recommendations, as adopted by relevant international organizations SPS 36 precautionary principle and SPS 3 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) "appropriate to the circumstances" (SPS 5.1) SPS 7, 82 assessment prepared other than by Member concerned, acceptability (SPS 5.1 and Annex 1, para. 4) SPS 80, 85 "available scientific evidence" (relevant factors) (SPS 5.2) SPS 95-7 balance of SPS interests and (SPS 5.1) SPS 66 explanation for measure allegedly in breach of SPS 5, burden of proof, relevance SPS 136 measures based on, need for (SPS 5.1) SPS 85-8 "appropriate to the circumstances" (SPS 5.1) SPS 82 evidence of, specific reference to, relevance SPS 86 rational relationship between measure and risk, need for SPS 87 "risk assessment" (Annex 4, para. 4) SPS 71, 72 "potential" SPS 76 risk management distinguished (SPS 5.1 and Annex 1, para. 4) SPS 67 "scientific justification" (SPS 3.3) and SPS 45-6 specificity of assessment, need for (SPS 5.1 and 5.2) SPS 88 "sufficient scientific evidence" requirement (SPS 2.2) and SPS 87 as complementary obligations SPS 138 divergence of expert views, relevance SPS 87 SPS Agreement, sufficient scientific evidence, need for (SPS 2.2) precautionary principle (SPS 5.7) SPS 3, 10 rational or objective relationship between SPS measure and scientific evidence, need for SPS 87 ad hoc determination SPS 87 standard of review (DSU 11) "objective assessment of the facts" de novo review, exclusion SPS 182, DSU 293 evidence, alleged disregard or distortion by panel discretion in selection of relevant evidence DSU 250 discretion to select which evidence to refer to explicitly DSU 250 egregious error, need for DSU 250, 356 "objective assessment of matter before it" applicability of and conformity with relevant covered agreements, customary international law, applicability SPS 184 error of law, equation of "based on" and "conform to" SPS 38, 85 standard/powers of review (AD 17.6), non-applicability to covered agreements other than Anti-Dumping Agreement including the SCM and SPS Agreements SPS 183 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 172 third party rights panel proceedings (DSU 10 and Appendix 3) enhancement in accordance with due process, panel's discretion and DSU 229 multiple complainants (DSU 9) and DSU 229, 235 Working Procedures (panel) (DSU 12.1 and Appendix 3), panel's discretion DSU 229, 582-3 WTO Agreement, obligation to ensure conformity of domestic laws, regulations and administrative procedures (WTO XVI:4) SPS 7 EC - Hormones (Article 21.3) burden of proof, implementation measures, reasonable period for (DSU 21.3(c)) DSU 455 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 430, 433 burden of proof DSU 455 shortest period possible within Member's normal legislative process DSU 423, 433 interpretation of covered agreements, means dictionaries DSU 433 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 435 interpretation of covered agreements, specific terms and phrases, "prompt" (DSU 21.1) DSU 423-4, 433 prompt and satisfactory resolution of disputes, Members' right to (DSU 3), prompt compliance with DSB recommendations and rulings (DSU 21) and DSU 433 EC - Hormones (Canada) (Article 22.6 - EC) arbitration (DSU 22.6) scope of review, determination of "equivalence" (DSU 22.3), "nature of concession", exclusion (DSU 22.7) DSU 520, 530 specificity requirements agreement and sectors (DSU 22.3) DSU 530 product list DSU 530 specific level of suspension (DSU 22.4) DSU 520, 530 third party rights DSU 508 burden of proof, suspension of concessions, conformity with DSU 22.4 DSU 506 implementation of recommendations and rulings of the DSB (DSU 21), impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), "reasonable period", "particular circumstances" DSU 499 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) level equivalent to nullification or impairment (DSU 22.4) DSU 499 burden of proof DSU 506 EC - Hormones (Canada)/(US) (Panels) burden of proof prima facie case, need for SPS 175 SPS measures, guidelines and recommendations, possibility of non-compliance or non-existence (SPS 5.8) SPS 136 competence (panels), risk assessment (SPS Agreement), exclusion SPS 92 consistency in application (SPS 5.5), arbitrary or unjustifiable inconsistencies, exclusion SPS 110 expert review groups, rules and procedures (DSU, Appendix 4), methods for obtaining advice SPS 164 interpretation of covered agreements, specific terms and phrases, "potential" (SPS Annex A, para. 4) SPS 76 relationships within and between agreements GATT I and III/SPS GATT 277 GATT III/SPS SPS 190 GATT XI/SPS SPS 190 GATT XX(b)/SPS SPS 188, DSU 324 SPS Agreement, TBT Agreement, applicability to (TBT 1.5) SPS 185, TBT 4 SPS Agreement, applicability (SPS 1.1) GATT XX(b), relevance SPS 187 phytosanitary measure affecting international trade SPS 4, 186 SPS Agreement, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5) arbitrary or unjustifiable inconsistencies, exclusion SPS 143 discrimination or disguised restriction of trade resulting from inconsistency SPS 111 distinctions in the level of protection in different situations, comparability SPS 106 SPS Agreement, basic rights and obligations (SPS 2), as balance between promotion of international trade and protection of human, animal or plant life or health, "only to the extent necessary", trade-restrictive measures, exclusion (SPS 5.4-6) and SPS 143 SPS Agreement, harmonization of measures (SPS 3) measures based on international standards (SPS 3.1) "based on" SPS 34-8 "where they exist" SPS 39 SPS Agreement, international standards, guidelines and recommendations, possibility of non-compliance or non-existence (SPS 5.8), burden of proof SPS 136, 176 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) elements (Annex 1, para. 4), "potential", "probable" distinguished SPS 76 minimization of negative trade effects, obligation (SPS 5.4) 4.101 "sufficient scientific evidence" requirement (SPS 2.2) and, divergence of expert views, relevance SPS 165 timing of assessment (SPS 5.1) SPS 74 third party rights panel proceedings (DSU 10 and Appendix 3) enhancement in accordance with due process panel's discretion and DSU 229 presence at second substantive meeting DSU 229 multiple complainants (DSU 9) and DSU 229 EC - Hormones (US) (Article 22.6 - EC) arbitration (DSU 22.6) scope of review, determination of "equivalence" (DSU 22.3), "nature of concession", exclusion (DSU 22.7) DSU 520, 530 specificity requirements agreement and sectors (DSU 22.3) DSU 484, 530 product list DSU 530-1 specific level of suspension (DSU 22.4) DSU 484, 520, 530 third party rights DSU 508 burden of proof, suspension of concessions, conformity with DSU 22.4 DSU 506 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) level equivalent to nullification or impairment (DSU 22.4) DSU 484, 498 burden of proof DSU 506 responsibility of Member to ensure DSU 531 EC - Poultry (AB) competence (AB) (DSU 17.6) completion of legal analysis, in case of disagreement with panel DSU 367 findings or developed legal interpretations, limitation to GATT 404, DSU 361 decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), joint decisions, limitation to WTO 334 Import Licensing Procedures Agreement conformity with GATT principles and obligations requirement (LIC Preamble and 1.2) LIC 1 non-automatic import licensing (LIC 3) small quantities, allocation in respect of LIC 29 transparency and predictability requirement and LIC 24 over-quota trade, applicability LIC 1, 3 trade-restrictive or trade-distortive effects, avoidance (LIC 1.2 and 3.2) LIC 3, 10 transparency and predictability requirement (LIC Preamble) LIC 1 interpretation of covered agreements, guidelines, text/plain language AG 44-5 interpretation of covered agreements, means customary international trade usage AG 44 preamble of agreement under consideration LIC 1 supplementary means (VC 32), other agreements between parties DSU 39 interpretation of covered agreements, phrases, "c.i.f. import price" (AG 5.1(b)) AG 43-7 modification of schedules (GATT XXVIII), applicability of GATT I and XIII GATT 28, 63, 411 non-discriminatory administration of quantitative restrictions (GATT XIII) allocation of quotas to Members not having a substantial interest (GATT XIII:2(d)), allocation of tariff/import quotas to non-Members GATT 400, 404 compensation negotiations (GATT XVIII) and GATT 411, 649 Oilseeds Agreement (EC-Brazil), covered agreement, whether WTO 334, DSU 3 publication and administration of trade regulations (GATT X) measures of general application (GATT X:1) GATT 334, 336 as procedural provision GATT 334 relationships within and between agreements, GATT I and XIII/GATT XXVIII GATT 411 Schedules of Concessions (GATT II), non-discrimination under GATT I and GATT 28, 63 SCM Agreement, calculation method (AG 5.5), right of choice AG 48 special safeguards (AG 5) c.i.f. import price (AG 5(1)(b)) AG 43-7 customary international trade usage AG 44 standard of review (DSU 11), "objective assessment of matter before it", all arguments, need to consider DSU 23, 246, 306 EC - Poultry (Panel) Import Licensing Procedures Agreement conformity with GATT principles and obligations requirement (LIC Preamble and 1.2) LIC 3 export performance, relevance LIC 13, 30 neutrality in application and administration in a fair and equitable manner, need for (LA 1.3) LIC 13 non-automatic import licensing (LIC 3), newcomer provision LIC 29, 31 notification obligations (LIC 1.4) LIC 15 rules and procedures distinguished LIC 13 speculation in licences LIC 28 trade-restrictive or trade-distortive effects, avoidance (LIC 1.2 and 3.2) LIC 10 transparency and predictability requirement (LIC Preamble), frequent changes to rules and LIC 16 modification of schedules (GATT XXVIII), applicability of GATT I and XIII GATT 648-9 non-discriminatory administration of quantitative restrictions (GATT XIII), distribution of trade as close as possible to expected shares in absence of restrictions as aim (GATT XIII:2, chapeau) GATT 400 notification obligations and procedures, import licensing LIC 15 terms of reference of panels (DSU 7) identification of specific measures at issue termination of measures before agreement on terms of reference DSU 198 continuing relevance DSU 198 EC - Sardines (AB) abuse of rights/abus de droit, withdrawal of notice of appeal (WP 30) as DSU 388 amicus curiae briefs, additional procedures DSU 640 burden of proof allocation comparative difficulties, relevance DSU 284 general rule/exception, relationship, relevance SPS 3.1 and 3.3 TBT 9, DSU 274 TRIPS 2.4 DSU 274 due process (dispute settlement proceedings) opportunity to respond to evidence/presentations of other parties DSU 385 prejudice to party, relevance DSU 385 good faith (including pacta sunt servanda principle (VC 26)), dispute settlement procedures, engagement in (DSU 3.10) DSU 387-8 information or technical advice, panel's right to seek (DSU 13), panel's rights, not to seek DSU 349 notice of appeal, requirements (AB/WP 20(2)) due process and DSU 385 replacement DSU 385 withdrawal of appeal (AB/WP 30), conditioned on right to refile notice of appeal in accordance with WP 20 DSU 385, 386-8 TBT Agreement burden of proof, onus probandi actori incumbit TBT 9 "international standards ... as a basis for technical regulation" (TBT 2.4) applicability to pre-existing measures TBT 6-8 "as the basis" TBT 16-19 "ineffective or inappropriate means" TBT 20-1 "international standard", consensus, relevance TBT 10-12 legitimacy of objective (TBT 2.2/2.4), relevance TBT 22 "relevant" TBT 14-15 "relevant parts of them" TBT 19 standards (Annex 1.2) applicability in case of departure from ISO/IEC Guide (TBT 2.4) TBT 62 consensus, relevance (Annex 1.2 and Explanatory note) TBT 62, 63 "technical regulation" (Annex 1.1) identifiability requirement TBT 59 naming and labelling distinguished TBT 61 Working Procedures (appellate review) (DSU 17.9), fair, prompt and effective resolution of disputes as object and purpose DSU 379, 386-8 EC - Sardines (Panel) burden of proof allocation, general rule/exception, relationship, relevance, SPS 3.1 and 3.3 DSU 274 TRIPS 2.4 DSU 274 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 416 interpretation of covered agreements, ordinary meaning, "relevant" TBT 14 relationships within and between agreements GATT 278, TBT 5 SCM 1.1/SCM, footnote 59 DSU 327 TBT 2 as a whole 6.23-4 TBT 2.2 and 2/1/TBT 2.4 DSU 327 TBT Agreement GATT III:4 and GATT 278 harmonization of technical regulations (TBT 2.6) TBT 24 "international standards ... as a basis for technical regulation" (TBT 2.4) applicability to pre-existing measures harmonization of technical regulations (TBT 2.6) and TBT 24 unilateral measures under MFA (TBT 2.5) and TBT 23 unilateral measures under MFA (TBT 2.5) TBT 23 EC - Sardines (Panel) relationships within and between agreements TBT 5 economic development, government assistance (GATT VII), quantitative restrictions (GATT XI) and GATT 386 economic development, government assistance (GATT XVIII), balance-of-payments (GATT XII) and GATT 393 EEC - Bananas III (Panel), non-violation claims (GATT XXIII:1(b)), measure in "conflict" with GATT provisions, applicability to, concurrent application to measures falling under other provisions of GATT DSU 58 EEC - Chilean Apples (Panel) non-discriminatory administration of quantitative restrictions (GATT XIII), allocation of quotas to Members not having a substantial interest (GATT XIII:2(d)), "representative period" GATT 402n.590 nullification or impairment (GATT XXIII), measures in force, limitation to GATT 588 EEC - Measure on Animal Feed Proteins (Panel), request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, termination of measures following interim review DSU 193n.271 EEC - Oilseeds I (Panel) non-violation claims (GATT XXIII:1(b)) "benefit"/legitimate expectation of improved market access as, arising out of successive rounds of negotiation GATT 590 as exceptional remedy GATT 573 measure in "conflict" with GATT provisions, applicability to, concurrent application to measures falling under other provisions of GATT GATT 578 nullification or impairment, need for, competitive relationship as key factor GATT 601 nullification or impairment (GATT XXIII), measures in force, limitation to GATT 588 Egypt, preferential tariff treatment for least-developed country Members, notification GATT 47 Egypt - Steel Rebar (Panel) Anti-Dumping Agreement (AD), data collection, period for (AD 2 and AD 3), absence of provision AD 80 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 reasonable reflection of costs associated with the production and sale of article AD 28 cost data (AD 2.2.1.1), "reasonably reflect costs" requirement AD 28 export price, construction in absence of [reliable] actual export price, fair comparison (AD 2.4) distinguished AD 40 fair comparison of export price and normal value (AD 2.4) construction of normal value (AD 2.2) distinguished AD 40 "due allowance" "in each case, on its merits" AD 46 object and purpose AD 42 "fair comparison" AD 42 burden of proof, relevance AD 42 Anti-Dumping Agreement (AD), determination of injury (AD 3) country by country analysis/cumulative assessment of volume and prices (AD 3.2), price-undercutting AD 105 evaluation of injury factors (AD 3.4) all relevant economic factors and indices, need to examine "factors affecting domestic prices" AD 129 "growth" AD 130 "having a bearing on" AD 119, |
