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SUBJECT INDEX J |
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Japan ATC safeguard measures (ATC 6), TMB discussion, phase out programme (ATC 3.2(b)) ATC 25 Enabling Clause notifications , notification GATT 35 special treatment of least-developed country Members GATT 43 Japan - Agricultural Products II (AB) burden of proof panel's right to seek information and advice (DSU 13/SPS 11.2), relevance DSU 285, 340 prima facie case, need for SPS 177 SPS measures measures "not more trade restrictive than required to achieve their appropriate level of ... protection" (SPS 5.6) SPS 177 sufficient scientific evidence, need for (SPS 2.2) SPS 16 information or technical advice, panel's right to seek (DSU 13), burden of proof and DSU 285, 340 interpretation of covered agreements, ordinary meaning, "sufficient" SPS 12 judicial economy, "positive solution to dispute" requirement and DSU 311 publication of measures such as laws, decrees or ordinances (SPS Agreement, Transparency of SPS Regulations (Annex B) (para. 1, footnote 5)) SPS 194 legal instruments as "measure" DSU 151 relationships within and between agreements SPS 2/SPS 5 SPS 28 SPS 2.2/SPS 5.1 and 5.2 DSU 311 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, legal instrument as measure DSU 151 SPS Agreement, appropriate level of protection (SPS 5.5-5.6) measures "not more trade restrictive than required to achieve their appropriate level of ... protection" (SPS 5.6) burden of proof SPS 177 requirements (SPS 5.6, footnote 3) SPS 117 SPS Agreement, harmonization of measures (SPS 3), measures which result in a higher level of protection (SPS 3.3), rational relationship between measure and available information as SPS 47 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) "risk assessment" (Annex 4, para. 4) SPS 70n.77 "scientific justification" (SPS 3.3) and SPS 47 SPS Agreement, sufficient scientific evidence, need for (SPS 2.2) burden of proof SPS 16 provisional adoption of measures in case of insufficiency of scientific evidence (SPS 5.7) obligation to seek to obtain additional information for more objective assessment of risk SPS 133 within "a reasonable period of time" SPS 134 as qualified exemption SPS 128 requirements, cumulative nature SPS 129-30 "sufficiency", as relational concept SPS 12-15 SPS Agreement, transparency of SPS regulations (SPS 7 and Annex B), publication of measures such as laws, decrees or ordinances which are generally applicable (para. 1, footnote 5) SPS 194 standard of review (DSU 11), "objective assessment of the facts", evidence, alleged disregard or distortion by panel, egregious error, need for DSU 253 Japan - Agricultural Products II (Panel) burden of proof requirements of exporting country in relation to import of its products SPS 178 SPS measures, measures "not more trade restrictive than required to achieve their appropriate level of ... protection" (SPS 5.6) SPS 177-8 sufficiency of scientific evidence (SPS 2.2) SPS 16 competence (panels), risk assessment (SPS Agreement), exclusion SPS 17 expert review groups, rules and procedures (DSU, Appendix 4) appointment procedures SPS 163 methods for obtaining advice SPS 164 relationships within and between agreements SPS 5.7, first and second sentences SPS 131 SPS Agreement, appropriate level of protection (SPS 5.5-5.6) measures "not more trade restrictive than required to achieve their appropriate level of ... protection" (SPS 5.6) alternative measure "significantly less restrictive to trade" SPS 126 "appropriate level", determination, Member's right SPS 118 burden of proof SPS 177-8 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4), competence (panel) SPS 17 SPS Agreement, sufficient scientific evidence, need for (SPS 2.2), provisional adoption of measures in case of insufficiency of scientific evidence (SPS 5.7) SPS 28-9 Japan - Alcoholic Beverages II (AB) decisions, procedures and customary practices under GATT 1947 (WTO XVI:1) panel reports, legal status, as acquis (WTO Art. XVI:1) 1, GATT 1n.2, 89n.162 panel reports (adopted) WTO 277, 339, 341, DSU 68, 72 GATT 1994, constituent elements (GATT 1994, Art. 1), "other decisions of the Contracting Parties to GATT 1947" (Art. 1(b)(iv)), adopted panel reports, whether GATT 1 General Council, functions, interpretation of WTO Agreement WTO 277 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)] GATT 200 DSU 3.2 AD 114n.142 interpretation of covered agreements, guidelines effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase WTO 12, GATT 119, DSU 48 flexibility/certainty of the law, balance DSU 19 legitimate expectations, relevance WTO 339 panel reports and GATT 89, DSU 68 narrow/broad interpretation GATT 135, 140 object and purpose GATT 130 security and predictability (DSU 3.2) DSU 19 text/plain language DSU 25 interpretation of covered agreements, means "any subsequent practice ... which establishes the agreement of the parties regarding its interpretation" (VC 31(1)(b)), panel reports DSU 30 interpretative notes (Ad articles) GATT 129, 168, 193 same or closely related phrases in different agreements, GATT III/SCM 15, footnote 46 SCM 251 supplementary means (VC 32), as rule of customary international law DSU 32 interpretation of covered agreements, responsibility for (WTO IX:2) General Council WTO 277 Ministerial Conference WTO 277 "like product" (GATT III:2 and III:4) determination of "likeness", on case by case basis GATT 144, SCM 251 directly competitive or substitutable products distinguished GATT 127, 136, 191 GATT III:4 compared GATT 218 narrow interpretation, need for GATT 135, 140 relevant factors Border Tax Adjustment, Working Party on GATT 135, 140, 144 consumer preferences GATT 144 cross-price elasticity GATT 172 nature of product GATT 184 physical properties GATT 144, 184 tariff bindings GATT 148 tariff classifications GATT 147, 184 national treatment, general principle (GATT III:1) applicability to products not subject of tariff concession under GATT II GATT 98 interpretation of GATT III as a whole and effectiveness principle GATT 119 GATT III:1 as context GATT 119 interpretation of WTO Agreement as a whole and GATT 276 "so as to afford protection" GATT 94 equality of competitive conditions, protection of competitive relationship GATT 113 omission from GATT III:2, first sentence, relevance GATT 130 national treatment, tax discrimination (GATT III:2) customary rules of interpretation of public international law and GATT 200 determination of violation, requirements aims and effects test/policy purpose GATT 106-11, 108-9, 162 "like product" and "in excess of" GATT 130 "not similarly taxed" GATT 169 as separate elements GATT 169 tax on imported product in excess of domestic product "in excess of" GATT 153 "not similarly taxed" distinguished GATT 192-4 first and second sentences distinguished GATT 123, 169, 214 general principle (GATT III:1) and GATT 119 Interpretative Note Ad Article III:2, relevance GATT 129, 168, 193 "not similarly taxed" "so as to afford protection" distinguished GATT 197 threshold/de minimis differential GATT 192-3 "so as to afford protection" GATT 169 design and structure of measure as evidence of protective application GATT 198 intention, relevance GATT 202 "not similarly taxed" distinguished GATT 197 tariff roles as evidence of GATT 201 tax differentials as evidence of protective application GATT 199 panel reports, legal status, "other decisions of the Contracting Parties to GATT 1947" (GATT 1994 Art. 1(b)(iv)), whether GATT 1 precedent, decisions, procedures and customary practices under GATT 1947 (WTO XVI:1) GATT 130 relationships within and between agreements, GATT III:1/GATT III as a whole GATT 119 Japan - Alcoholic Beverages II (Article 21.3) arbitration (DSU 22.6), right to participate in DSU 458 implementation of recommendations and rulings of the DSB (DSU 21) impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau) "reasonable period" complexity of implementation process DSU 452 contentiousness, relevance DSU 452 "particular circumstances" DSU 452 Japan - Alcoholic Beverages II (Panel) directly competitive or substitutable products (GATT III:2), as dynamic relationship (including possibility of latent demand) GATT 180 interpretation of covered agreements, means, "any subsequent practice ... which establishes the agreement of the parties regarding its interpretation" (VC 31(1)(b)), panel reports DSU 30 "like product" (GATT III:2 and III:4), GATT III:4 compared GATT 139 national treatment, general principle (GATT III:1), applicability to products not subject of tariff concession under GATT II GATT 98 national treatment, tax discrimination (GATT III:2), determination of violation, requirements, burden of proof GATT 133, 170 Japan - Film (Panel) burden of proof, onus probandi actori incumbit GATT 582-4 interpretation of covered agreements, ordinary meaning "measure" (GATT XXIII:1(b)) DSU 157 "specific measures" (DSU 6.2) DSU 133 "like product" (GATT III:2 and III:4), competitive relationship, need for, GATT XXIII:1(b) compared GATT 245, 255 national treatment, regulatory discrimination (GATT III:4) burden of proof GATT 209 "laws, regulations or requirements", "measures" (GATT XXIII:1(b)) distinguished GATT 229 "less favourable treatment", equality of competitive conditions as test GATT 242 non-violation claims (GATT XXIII:1(b)) "any measure" government measures, limitation to GATT 587 measure currently in force, limitation to GATT 588 non-binding action GATT 586 "benefit", legitimate expectation of improved market access as norm GATT 589-92 "benefit"/legitimate expectation of improved market access as arising out of successive rounds of negotiation GATT 589-92 reasonable anticipation and GATT 593-8, 602 burden of proof GATT 582-5, DSU 576 as exceptional remedy GATT 575-6, DSU 576 "measure" affecting the competitive relationship, GATT III:4 compared GATT 245 government action, limitation to DSU 156-8 "law, regulations or requirements" (GATT III:4) compared GATT 229 measure in "conflict" with GATT provisions, applicability to, concurrent application to measures falling under other provisions of GATT GATT 578 necessary elements GATT 580-1 nullification or impairment, need for GATT 601-2 causality and GATT 601-2 competitive relationship as key factor GATT 601 object and purpose GATT 577 publication and administration of trade regulations (GATT X), laws, regulations, judicial decisions and administrative rulings, of general application (GATT X:1) GATT 337 quantitative restrictions, elimination (GATT XI), "prohibition or restriction" (GATT XI:1), private action, relevance GATT 369 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue government action, limitation to DSU 156-8 administrative guidance DSU 157 GATT practice DSU 157 measures implementing measure specifically referred to, sufficiency DSU 133 terms of reference of panels (DSU 7), terminated measures DSU 193 joint action (GATT XXV), GATT practice GATT 644 joint action (GATT XXXVIII), GATT practice GATT 668 Joint Integrated Technical Assistance Programme (JITAP), identification of ways of enhancing and rationalizing (Doha Declaration) WTO 64 judicial and administrative assistance, GATS II provisions, non-applicability GATS 1, 13 see also order of analysis; relationships within and between agreements discretionary nature DSU 307-8 precise recommendations and rulings by DSB and DSU 312 explicit reference to, relevance DSU 309 GATT practice DSU 302 legal basis (DSU 11) DSU 302-5 limitation of consideration to claims essential to resolution of dispute (DSU 3.2) AD 498n.599, DSU 22, 195 "positive solution to dispute" requirement and DSU 303, 309, 310-11 judicial restraint GATT 453 jurisdiction: see competence (AB); competence (panels); competence of panels and AB (DSU 3.2)
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