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SUBJECT INDEX M |
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MFN treatment (GATS II), exemption GATS 32 progressive liberalization (GATS XIX) and GATS 114 Maritime Services, Negotiating Group on, establishment GATS 138 concessions and commitments (AG 4.1) consistency with GATT XIII GATT 450, DSU 908 reform process, as essential part of AG 126 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 elimination of quantitative restrictions (GATT XI) and AG 31 failure to convert by due date, effect AG 19 GATT II:1(b) and: see Schedules of Concessions (GATT II), ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)) interpretation AG 19: see also interpretation of covered agreements, specific terms and phrases for individual phrases special safeguards (AG 5.1) and AG 21–2 subsequent practice (VCLT 32(3)(b)) AG 23, DSU 31 measure and result of measure distinguished AG 29 State trading enterprises (GATT XVII) GATT 487 timing of obligation AG 19, 30 object and purpose AG 16 annual/periodic reports WTO 109 non-tariff measures, decisions relating to GATT 414 rules of procedure WTO 73, 108 terms of reference WTO 107 electronic commerce and GATS 68 excluded measures (GATS XVI:2) quotas, exclusion (GATS XVI:2(a), (b) and (c)) GATS 71–2 temporal qualifications GATS 69–70 time-frame, need for (GATS XX:1(d)) GATS 70 market access for non-agricultural products (Doha Declaration, para. 16): see also Market Access Committee framework for establishing modalities (July package (Annex B)) Negotiating Group on Market Access establishment WTO 127 role WTO 127 marketing costs: see costs of marketing exports (AG 9.1(d)) marks of origin (GATT IX), GATT practice GATT 362 Marrakesh Ministerial Conference/Declaration Code of Good Practice for the Preparation, Adoption and Application of Standards TBT 39 DSU review WTO 169 material injury: see determination of injury (AD 3); SCM Agreement, determination of injury (SCM 15); transitional safeguards (ATC 6) Mauritius, preferential tariff treatment for least-developed country Members, notification GATT 60 mediation, request for in absence of dispute (DSU 5) DSU 152–3 Melanesian Spearhead Group (MSG) Trade Agreement, Enabling Clause and GATT 33 membership: see WTO, membership MERCOSUR Ad Hoc Arbitral Tribunal proceedings before as impediment (estoppel) to DSU proceedings DSU 79, 248, 948 relevance of decisions in DSU proceedings DSU 23 Enabling Clause and GATT 34 Working Party on, terms of reference GATT 38, 701 Mexico — Corn Syrup (Panel), WT/DS132/R and Corr.1, DSR 2000:III consultation and dispute settlement (AD 17) legal basis for consultation/claim (AD 17.3/AD 17.4), “measure” (AD 17.4), provisional measures AD 615 “matter”, referral to DSB (AD 17.4), identification of measure at issue, need for (DSU 6.2) AD 611 request for establishment of panel, requirements additional to DSU 6.2 AD 620 consultations (DSU 4), confidentiality (DSU 4.6), third party participation and DSU 139 determination of injury (AD 3) domestic production of like product, assessment of effect on (AD 3.6), sectoral analysis, right to AD 186 evaluation of injury factors (AD 3.4) all relevant economic factors and indices, need to examine eventual relevance of factor, relevance AD 149 factors not involving material injury, right to consider AD 195 factors not listed in AD 3.4, right to consider AD 154 consideration of each factor, need to be “apparent” in final determination AD 149 “injury” (AG 3, footnote 9), domestic industry (AD 4) and AD 106, 222 threat of material injury (AD 3.7) establishment “based on facts, not merely allegation, conjecture or remote possibility”, “likelihood of substantially increased importation” (AD 3.7(i)) AD 193 “domestic industry” (AD 4), “injury” (AG 3, footnote 9) and AD 106, 222 investigation of dumping (AD 5)/subsidy (SCM 11) evidence, sufficiency (AD 5.2) evidence of causal link (AD 5.2(iv)) evidence for purposes of preliminary or final determination distinguished AD 238 “information” and analysis distinguished AD 239 evidence, sufficiency, investigating authority’s obligation to examine accuracy and adequacy (AD 5.3), “examine” AD 262 rejection of application (AD 5.8), procedural nature AD 283 legislation as such, right to challenge (WTO XVI:4), AD 17.3/AD 17.4 AD 611 panel reports, legal status, reports reversed by AB AD 257 n. 337 provisional measures (AD 7), duration (AD 7.4), claim relating to as claim relating to definitive antidumping duty (AD 10) AD 615–16 public notice of initiation of investigation (AD 12.1), separate report (AD 12.1.1), summary of factors (AD 12.1.1(iv)) AD 554–5 public notice of preliminary or final determination (AD 12.2), “all relevant information on the matters of fact and law and reasons” for measures (AD 12.2.2) AD 149 relationships within and between agreements, AD 7.4/AD 17.2 AD 615–16 request for establishment of panel, requirements (DSU 6.2), nullification or impairment, indication of (AD 17.5(i)) AD 620–1 standard/powers of review (panel) (AD 17.6) assessment of the facts (AD 17.6(i)), AD 5.3 (sufficiency of evidence), applicability to AD 257 investigating authorities’ establishment of the facts (AD 17.6(i)), “proper” AD 257 third party rights, confidentiality (DSU 4.6) and DSU 139 Mexico — Corn Syrup (Article 21.5 — US) (AB), WT/DS132/AB/RW, DSR 2001:XIII determination of injury (AD 3) threat of material injury (AD 3.7) establishment “based on facts not merely allegation conjecture or remote possibility” AD 199 a “clearly foreseen and imminent” change of circumstances, need for AD 199 due process (dispute settlement proceedings), panel reports, rationale (DSU 12.7) and DSU 408–9 good faith (including pacta sunt servanda principle (VCLT 26)), objections to panel procedures DSU 938 interpretation of covered agreements means, dictionaries DSU 408 specific terms and phrases, “basic rationale” (DSU 12.7) DSU 408 panel reports rationale, need for (DSU 12.7) DSU 408 Article 21.5 proceedings and DSU 409 direct quotation from previous report, desirability DSU 408 sufficiency DSU 408 reference to previous panel report (DSU 21.5) DSU 408 surety and predictability of WTO obligations (DSU 3.2), aid to DSU 408 preliminary rulings on panel’s obligation to determine jurisdictional issues DSU 247, 289 timing of objections DSU 980 request for establishment of panel, requirements (DSU 6.2) consultations, indication as to whether held, request for Article 21.5 arbitration and DSU 644 fruitfulness of action (DSU 3.7), determination by Member DSU 91 review of implementation of DSB rulings (DSU 21.5), DSU 6.2 procedures, applicability DSU 644 standard/powers of review (panel) (AD 17.6) interpretation of relevant provisions of AD (AD 17.6(ii)), assessment of the facts (AD 17.6(i)) and, cumulative effect AD 646 investigating authorities’ establishment of the facts (AD 17.6(i)), “proper” AD 199 standard/powers of review (panel) (DSU 11) objections, requirements, opportunity to cure procedural defect and DSU 938, 980 “objective assessment of the facts”, de novo review, exclusion AD 199 preliminary ruling on, obligation DSU 247, 289 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)), objections, requirements, good faith DSU 938 Mexico — Corn Syrup (Article 21.5 — US) (Panel), WT/DS132/RW, DSR 2001:XIII determination of injury (AD 3) threat of material injury (AD 3.7) establishment “based on facts, not merely allegation, conjecture or remote possibility”, “likelihood of substantially increased importation” (AD 3.7(i)) AD 193 “material injury would occur” / “consequent impact” AD 194–6 as responsibility of authorities AD 199, 217 Mexico — Telecoms (Panel), WT/DS204/R, DSR 2004:IV developing country Members panel reports, need for specific reference to form in which account has been taken of special needs (DSU 12.11) DSU 416 telecommunications, right to place reasonable conditions on GATS 166 GATS Agreement GATS Agreement, “public long-distance voice telephone services” (UN 1991 Provisional Central Product Classification) GATS 10 relevant factors (GATS I:2(a)), supplier’s place of operation or presence GATS 8 “trade in services” (GATS I:2) (cross-border trade) commercial presence, sufficiency (GATS I:2(c)) GATS 14, 93 relevant factors (GATS I:2(a)) degree of interaction between suppliers GATS 12 links to another operator GATS 13 ownership and control of infrastructure to supply service GATS 9–11 interpretation of covered agreements guidelines, “special meaning” (VCLT 31(4)) DSU 32 means “any subsequent agreement … regarding its interpretation or application” (VCLT 31(3)(a)), Explanatory Note for GATS negotiations, whether DSU 41 “any subsequent practice … which establishes the agreement of the parties regarding its interpretation” (VCLT 31(1)(b)), Explanatory Note for GATS negotiations, whether DSU 41 preparatory work (VCLT 32), Explanatory Note for GATS negotiations, whether DSU 41 ordinary meaning “cost-oriented rates” (Reference Paper on Basic Telecommunications) GATS 98–100 “shall apply to all measures” (Annex on Basic Telecommunications (GATS)) GATS 152 market access (GATS XVI) excluded measures (GATS XVI:2) quotas, exclusion (GATS XVI:2(a), (b) and (c)) GATS 71–2 temporal qualifications GATS 69–70 time-frame, need for (GATS XX:1(d)) GATS 70 municipal law, as justification for failure to fulfil international obligations, exclusion (VCLT 27) GATS 83–5 panel reports, developing country Members and (DSU 12.11) DSU 416 Schedules of Specific Commitments (GATS XX) non-performance, exclusion of municipal law as justification (VCLT 27) GATS 83–5 required information (GATS XX:1), time-frame for implementation (GATS XX:1(d)) GATS 70, 120–3 treaty status GATS 85 telecommunications cross-border trade, relevant factors (GATS I:2(a)) commercial presence, sufficiency (GATS I:2(c)) GATS 14, 93 degree of interaction between suppliers GATS 12 links to another operator GATS 13 ownership and control of infrastructure to supply service GATS 9–11 supplier’s place of operation or presence GATS 8 telecommunications, Annex on Basic Telecommunications (GATS) access and use (Section 5) “any service supplier of any other member … for a service included in its schedule” (Section 5(a)) GATS 153 by scheduled suppliers of basic telecommunications GATS 152–4 “conditions” (Section 5(e)) GATS 162 developing country Members’ right to place reasonable conditions on (Section 5(g)) GATS 166 interrelationship between Section 5(a) and Section 5(b)-(f) GATS 155–6 “necessary” (Section 5(e)) GATS 163 “reasonable and non-discriminatory” terms and conditions (Section 5(a)) GATS 155 “reasonable” (Section 5(a)) GATS 158–9 “shall apply to all measures” (Section 2(a)) GATS 152 “subject to paragraphs (e) and (f)” GATS 160 “terms” (Section 5(a)) GATS 157 Reference Paper on Basic Telecommunications and GATS 167, DSU 915 “shall ensure”/obligation (Section 5(b)) GATS 161 unscheduled service, prevention (Section 5(e)(iii)) GATS 165 telecommunications, Reference Paper on Basic Telecommunications (GATS XVIII) Annex on Basic Telecommunications and GATS 167 “anti-competitive practices” (Section 1.2) cross-subsidization GATS 83 horizontal price-fixing GATS 81–2 practices not listed under Section 1.2 GATS 82–3 practices required by domestic law relevance GATS 83-6 proportionate return system GATS 88 setting of uniform price GATS 87 competitive safeguards (Section 1.1) GATS 80–1 “appropriate measures” GATS 89 “major supplier” and GATS 81 interconnection (Section 2) “cost-oriented rates” (Section 2.2(b)) aggregate price for domestic use/price for international use comparison, validity GATS 103–4 “having regard to economic feasibility” GATS 102 incremental cost methodologies and GATS 100 international grey market rates, relevance GATS 105 “reasonable” GATS 101 cross-border supply, applicability to GATS 91–4 “where specific commitments undertaken” (Section 2.1) GATS 90 “major supplier” (definitions) “ability to affect the terms of participation” GATS 96 competitive safeguards (Section 1.1) and GATS 81 “control over essential facilities” GATS 97 relevant market, relevance GATS 95 “use of its position in the market” GATS 97 WTO Agreement, obligation to ensure conformity of domestic laws, regulations and administrative procedures (WTO XVI:4), non-performance of obligations under covered agreements, exclusion of municipal law as justification (VCLT 27) GATS 83–5 MFA (Multi-fibre Agreement) measures, relevance ATC 102–3, TBT 23 MFN treatment (GATS II) GATS 20–33 determination of violation, requirements aims and effects test GATT 132, GATS 28 analysis of evidence GATS 23 Exemptions, Annex on Procedures for the Certification of Terminations, Reductions and Rectifications GATS 126 review (Annex, para. 3) GATS 146 review (Annex, para. 4) GATS 147 termination of exemption period (Annex para 7), notification format GATS 149 financial services, exemption (GATS:Fifth Protocol) GATS 31 judicial and administrative assistance, exclusion GATS 1, 20 “like service and service supplier” (GATS II:1), wholesale transactions GATS 26–7 maritime transport services, exemption Decision on Maritime Transport Services (1996) GATS 32 negotiations GATS 32 national treatment (GATS XVII) distinguished GATS 24 relationships within and between agreements, GATS I:1/GATS II/XVII GATS 6, 22 telecommunications, exemption GATS 33 “treatment no less favourable” (GATS II:1), de facto discrimination GATS 24 vertical integration/exclusive distribution arrangements, effect GATS 25 “accorded immediately and unconditionally to the like product” affiliation with designated local manufacturer/importer requirement and GATT 19–20 conditional advantage and “advantage accorded unconditionally” distinguished GATT 21 differential treatment on the basis of origin of product and GATT 18, 23 local content requirement, relevance GATT 18 order of analysis GATT 11 private contractual arrangements, relevance GATT 18 “unconditionally” GATT 24 allocation of tariff quotas GATT 13 “any advantage … granted … to any product” GATT 12 GATT practice GATT 14 “all other contracting parties”, regional trade agreements (GATT XXIV:5) and GATT 22, 27, 66 anti-dumping and countervailing duties (GATT VI) and GATT 63, 341 customs duties and tax benefits as (GATT III:2) GATT 68 de facto discrimination GATT 10 findings under GATT III:4 and XX, relevance GATT 61 GATT 1947 practice GATT 62 “like product”: see “like product” (GATT I) as non-violation claim “benefit” (GATT XXIII:1(b)) GATT 659 n. 935 Waiver on Preferential Tariff Treatment for LDCs (1999) WTO 97 adoption and text GATT 58 notification procedure GATT 59 MFN treatment (TRIPS 4), “less favourable treatment”, offset, applicability to all trademark owners requirement TRIPS 28–9 Millennium Round, failure to agree on WTO 37 minimum import price: see interpretation of covered agreements, specific terms and phrases, “minimum import price” (AG 4.2, footnote 1) Ministerial Conference (WTO IV:1): see also Cancun Ministerial Conference (2003); Doha Declaration; Doha Round, decisions; Geneva Ministerial Conference; Geneva Ministerial Conference/Declaration; Seattle Ministerial Conference (1999); Singapore Ministerial Conference/ Declaration (1996) decisions: see also Notification Obligations and Procedures, Working Group on ACP-EC Partnership Agreement: see ACP-EC Partnership Agreement Implementation-Related Issues and Concerns: see Decision on Implementation-Related Issues and Concerns Procedures for Extensions under Article 27.4 of the SCM Agreement for Certain Developing Country Members: see developing country Members (SCM 27), phase out/standstill obligation (SCM 27.4), extension of transition period Transitional Regime for the EC Autonomous Tariff Rate Quotas on Imports of Bananas: see Bananas, Decision on Transitional Regime for the EC Autonomous Tariff Rate Quotas on Imports of (Doha) frequency of meetings WTO 34–40 General Council’s authority to act on behalf of WTO 49 powers accession, decisions on WTO 41 adoption of amendments WTO 41 allocation of powers of Contracting Parties acting jointly in the GATT to WTO organs WTO 44 appointment of Director-General WTO 41 balance of payments of payments, procedures in relation to WTO 42 interpretation of WTO/Multilateral Trade Agreements WTO 41, 159–60 TRIPS Agreement, extension of non-applicability of non-violation complaints WTO 43 waivers WTO 41 rules of procedure, adoption WTO 46, 48 Modalities Paper: see Agriculture Agreement (AG), Modalities Paper and modification of Schedules (GATT XXVIII) applicability of GATT I and XIII GATT 67, 85, 448, 731–2 applicability of GATT XI and GATT 396 GATT practice GATT 734 Understanding on the Interpretation of, review (paragraph 1) GATT 733 waivers (GATT II) and GATT 113 monopolies and exclusive service providers (GATS VIII) electronic commerce GATS 56 notification format GATS 57 Morocco, preferential tariff treatment for least-developed country Members, notification GATT 60 Movement of Natural Persons, Negotiating Group on, establishment GATS 138 Movement of Natural Persons Supplying Services under the Agreement (GATS, Annex), measures relating to the entry and stay of natural persons GATS 150 multiple appeals (ABWP 23), joinder DSU 837, 869 Article 22.6 arbitration and DSU 766 harmonization of panels and timetables (DSU 9.3), joint meeting with experts DSU 305 prompt and satisfactory resolution of disputes, Members’ right to (DSU 3) and, joint meeting with experts DSU 305 single panel, “whenever feasible” (DSU 9.1) DSU 294 ordinary meaning DSU 294 separate reports (DSU 9.2) DSU 296–302 panel’s discretion DSU 299 timeliness of request DSU 297–8 third party participation in panel proceedings initiated by another complainant DSU 304–8 multiple panels/same complainant/same dispute possibility of DSU 154 separate reports DSU 302 characterization of transactions, appropriateness as applicable law DSU 364 as evidence of compliance with international obligations DSU 355–6, 363, 452 Certain German Interests in Polish Upper Silesia DSU 355 determination as legal issue DSU 452 interpretation of legislation distinguished DSU 355–6, 359 n. 550, 365 state practice DSU 355 as fact for purposes of international adjudication AD 420 n. 559, DSU 355–6, 358 decisions of municipal courts, applicability DSU 359 unfinished proceedings, relevance DSU 359 legislative history, relevance DSU 360 right of panel/AB to examine consistency with WTO law DSU 362 incorporation of international SPS standard SPS 59 as justification for failure to fulfil international obligations, exclusion (VCLT 27) DSU 357 mutually agreed/acceptable solution to matters raised formally (DSU 3.6), notifications to DSB and relevant Councils and Committees as of 31 December 2004 DSU 88
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