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SUBJECT INDEX P |
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determination by Director-General (DSU 8.7) DSU 293 indicative list (DSU 8.4) DSU 292 panel’s role DSU 293 adoption by DSB notice of appeal and (DSU 16.4) DSU 436–7 timing, adoption of report (DSU 16.4) DSU 436 developing country Members and (DSU 12.11) DSU 414–16 dissenting/separate opinions DSU 395 legal status as acquis (WTO Art. XVI:1): see decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports “other decisions of the Contracting Parties to GATT 1947” (GATT 1994 Art. 1(b)(iv)), whether GATT 1–2, SCM 82–3 reports reversed by AB AD 257, 337 unadopted reports WTO 219, AD 599 unappealed finding in adopted report DSU 533, 609 unappealed reports WTO 223, DSU 438 rationale, need for (DSU 12.7) DSU 408 Article 21.5 proceedings and DSU 409 direct quotation from previous report, desirability DSU 408 security and predictability of WTO obligations (DSU 3.2), aid to DSU 408 reference to previous panel report (DSU 21.5) DSU 408 time limits, inability to meet (DSU 12.9) DSU 412 panel, request for establishment: see request for establishment of panel, general considerations (DS 6); request for establishment of panel, requirements (DSU 6.2); request for establishment of panel, requirements (SCM 4.4) Paris Convention (1967) (PC): see intellectual property conventions (TRIPS 2), Paris Convention (1967), incorporation (TRIPS 2.1); trade names (Paris Convention (1967) (PC 8)); trademarks (Paris Convention (1967)) (PC) patents (TRIPS), pharmaceutical product, authorization of use in absence of authorization of right holder (TRIPS 31(f) and (h)), waivers TRIPS 116 patents (TRIPS, Section 5): see also intellectual property rights (TRIPS), limitations and exceptions (TRIPS 13) Berne Convention as basis TRIPS 111 balance of agreement as a whole and TRIPS 101 compensatory adjustment TRIPS 113 conditions/criteria TRIPS 99, 102–7 curtailment of owner’s rights TRIPS 102–3 “exploitation of patent” TRIPS 105 “legitimate interests” TRIPS 108–11 “normal exploitation” TRIPS 106 “discrimination” (TRIPS 27.1), applicability TRIPS 94–5 exclusive rights (TRIPS 28) TRIPS 98 patentable subject matter (TRIPS 27): see also biodiversity, protection as context for interpretation of TRIPS 70 (protection of existing subject matter) TRIPS 159 “discrimination” (TRIPS 27.1) applicability to TRIPS 30 and 31 TRIPS 94–5 de facto discrimination TRIPS 89–90 necessary elements TRIPS 92 non-discriminatory terminology in other GATT/WTO agreements distinguished TRIPS 89–90 plant and animal inventions (TRIPS 27.3(b)), review TRIPS 93 plant and animal inventions (TRIPS 27.3(b)), review: see also biodiversity, protection term of protection (TRIPS 33) “available” TRIPS 118 “effectiveness”, relevance TRIPS 119 “existing subject matter” (TRIPS 70.2) and TRIPS 165 freedom to choose method of implementation (TRIPS 1.1) and, “filing date” TRIPS 117 unwarranted curtailment, prohibition (TRIPS 62.2) as distinct and cumulative provision TRIPS 3, 133 payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)): see also determination of dumping (AD 2), calculation of administrative, selling and general costs and profits (AD 2.2.2); export subsidy, prohibited (SCM, Part II), “contingent upon export performance” (SCM 3.1(a)); subsidy, definition (SCM 1), “direct subsidies, including payments-in-kind” (AG 9.1(a)) benchmark/standard (AG 9 1(c)) absence of express provision, relevance AG 62 domestic price fixed by government GATS 63 factual and regulatory setting, relevance AG 62–3 industry-wide production costs AG 65–7 market rate, relevance, world market price AG 64 objective standard, need for AG 64 “but for” test AG 70 “whether or not a charge on the public account” AG 58, 69, 75 “government action” AG 68 government mandate or direction, relevance, AG 9.1(e), SCM 1.1 and SCM Illustrative List of Export Subsidies distinguished SCM 408 “payments” transfer of economic resources, need for AG 58 payments by private parties as AG 72 pharmaceutical and agricultural chemical products, patent protection (TRIPS 70.8): see also patents (TRIPS, Section 5) developing country Members, right to delay (TRIPS 65.2) TRIPS 96, 145 plants, patents: see biodiversity, protection Plurilateral Agreements: see also Civil Aircraft, Agreement on Trade in (AIR); Government Procurement Agreement (GPA); International Bovine Meat Agreement; International Dairy Agreement (IDA) acceptance provisions (WTO XIV:4) WTO 210 accession to (WTO XX:3) WTO 198–200 additions and deletions (WTO X:9) WTO 174–5 amendments (WTO X:9) WTO 176–7 reservations (WTO XVI:5) WTO 236–7 waivers (WTO IX:9) WTO 167 withdrawal (WTO XV:2) WTO 215 Poland, ATC safeguard measures (ATC 6), TMB discussion ATC 98 precautionary principle (SPS Agreement) consistency of measures with SPS Agreement, need for SPS 3, DSU 78 customary international environmental law, as principle of SPS 2, DSU 78 customary international law, whether SPS 2, DSU 78 harmonization of measures (SPS 3.3) and SPS 68 measures which result in a higher level of protection than international standards (SPS 3.3) SPS 3, DSU 78 sufficient scientific evidence (SPS 5.7) and SPS 3, 22, 169 precedent: see also Appellate Body (AB) (DSU 17), reports; decisions, procedures and customary practices under GATT 1947 (WTO XVI:1); interpretation of covered agreements, guidelines, legitimate expectations, relevance; panel reports cases distinguished 166 n. 224 decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports preceding relevant AB decisions GATT 154 n. 245 ECJ decisions GATT 121 adequacy of consultation (DSU 4) DSU 120, 940 admissibility of information not made available to investigating authorities DSU 958–9 amicus curiae briefs DSU 970, 979, 1050–1 claims outside terms of reference DSU 949–52 composition of delegation/private counsel DSU 971–3 confidentiality issues DSU 135–6, 965–70 double fora DSU 948 executive summaries DSU 976 panel composition DSU 946 panel’s obligation to determine jurisdictional issues DSU 247, 289, 863 specificity of request for panel (DSU 6.2) DSU 941–5, 953 third party rights DSU 826, 935, 960–4 timetable for panel proceedings DSU 975 timing of objections DSU 980–5 timing of submission of evidence DSU 954–7 preliminary rulings (procedural aspects) arbitration (DSU 22.6) DSU 693 refusal DSU 947 request for preliminary ruling DSU 824 working procedures, need for DSU 237, 919, 931–3 written submissions, opportunity to submit DSU 825 preparatory work: see interpretation of covered agreements, means, preparatory work (VCLT 32) Preshipment Inspection Agreement: see PSI Agreement price undertakings (AD 8)/undertakings (SCM 18), practicality, relevance (AD 8.3/SCM 18.3) AD 459 prima facie case: see burden of proof, prima facie case, need for private contractual arrangements as justification for breach of obligation GATT 18, 255, SCM 167, 188 private counsel, inclusion in delegation privileges and immunities (WTO VIII): see also Headquarters Agreement (WTO-Switzerland) (1995) Convention on Privileges an Immunities of Specialized Agencies (1947) as model (WTO VIII:4) WTO 155 Members’ obligation to respect international character of WTO (WTO VI:4) and WTO 154 WTO staff and representatives of Members (WTO VIII:3) functional nature WTO 154 obligation of Secretariat officials to observe host State laws WTO 154 waiver by Director-General WTO 154 WTO (WTO VIII:2), functional nature WTO 154 procedure: see also Working Procedures (appellate review (DSU 17.9 and ABWP)); Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)) international and municipal rules distinguished DSU 338, 344 progressive liberalization (GATS XIX), decisions and agreements relating to Decision on Commitments in Basic Telecommunications (GATS, Fourth Protocol) GATS 115 financial services GATS: Second Protocol GATS 112 GATS: Fifth Protocol GATS 113 movement of natural persons (GATS: Third Protocol) GATS 111 obligation (GATTS XIX:1), information exchange (Singapore) GATS 106 progressive liberalization negotiations (GATS XIX:3 and Doha Declaration, para. 15) guidelines and procedures (GATS XIX:3/Doha Declaration, para. 15) assessment of trade in services as on-going exercise GATS 110 GATS objectives as basis (GATS Preamble) Guidelines and Procedures for Negotiations (2001) GATS 109 obligation (GATTS XIX:1), GATS 106–8 Special Session of the Council for Trade in Services establishment WTO 127 July package, para. 1(3) and Annex C responsibility for negotiations WTO 127 prompt and satisfactory resolution of disputes, Members’ right to (DSU 3) failure to provide confidential information (SG 3.2) and AG 113 impairment of benefits by measures taken by another Member (DSU 3.3) arbitration (DSU 21.5) and DSU 609 arbitration (DSU 25) and DSU 791, 803 “measure taken by another Member” DSU 86, 168 multiple complainants (DSU 9) and DSU 305 prompt compliance with DSB recommendations and rulings (DSU 21) and DSU 557–8 Working Procedures (appellate review) and SCM 147, DSU 838, 889–91 proper parties DSU 1041–2: see also amicus curiae briefs attribution of damage (ATC 6.4) ATC 89 countermeasures (SCM 4.10) SCM 179–80, 183, 197, DSU 71–2, 773–5 risk based on scientific evidence SPS 16 safeguard measures (ATC 6.4) and ATC 87 safeguard measures (SG 5.1) (“to the extent necessary”) and AG 13–15, 219–22 State responsibility for breach of international obligations and ATC 87, AG 222, DSU 71 countermeasures ATC 87 suspension of concessions (DSU 22.4) and ATC 87, SCM 179–80, 183–4, DSU 773–5 provisional measures: see also scientific evidence, need for sufficient (SPS 2.2), provisional adoption of measures in case of insufficiency of scientific evidence (SPS 5.7); transitional safeguards (ATC 6), provisional application of restraint measures authorized under ATC 10 (ATC 11) duration (AD 7.4), claim relating to as claim relating to definitive anti-dumping duty (AD 10) AD 615–16 judicial economy in case of overlap with previous determination relating to definitive measure AD 452 preliminary affermative determination (AD 7.1(ii)), retroactive measures (AD 10.7) and AD 484 date of commencement (SCM 17.3) SCM 276–7 retroactivity (SCM 20) and SCM 277, 291–3 provisional measures (SG 6), tariff measures GATT 395, AG 230 Independent Entity annual reports PSI 5 establishment PSI 3 list of experts (PSI 4(b)) PSI 6 rules of procedure WTO 74, PSI 3–4 independent review procedures (PSI 4): see PSI Agreement, Independent Entity notification (PSI 5), requirements PSI 7 obligations of exporter Members (PSI 3), technical assistance activities PSI 1 obligations of user Members (PSI 2), recommendation relating to (1997) PSI 1 review/monitoring (PSI 6) final review PSI 12 as responsibility of Customs Valuation Committee VAL 23 PSI Working Party PSI 8 Working Party on Preshipment Inspection: see PSI Working Party final review PSI 12 notification PSI 7 recommendations on monitoring of PSI Agreement VAL 23 obligations of user Members (PSI 2) PSI 1 reports PSI 9 technical assistance activities PSI 2 public health: see TRIPS Agreement and Public Health, Declaration on (2000) public notice and explanation of determinations (AD 12) AD 3.4 factors, written record of analysis and AD 167 confidentiality of information (AD 6.5) and AD 417, 449 due process and AD 167 notification to government of exporting Member (AD 5.5) distinguished AD 304 as procedural requirement AD 167 public notice of initiation of investigation (AD 12.1) AD 553 “interested parties”, obligation to in absence of contact details AD 550 notification and public notice distinguished AD 549 separate report (AD 12.1.1), need for reference to AD 551–2 summary of factors (AD 12.1.1(iv)) AD 554–5 time limits for making views known (AD 12.1.1(vi)) AD 310 timing (AD 12.1) initiation of investigation and AD 547–8 satisfaction as to sufficiency of evidence (AD 5.3), relevance AD 548 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 112, 149 change of legal basis, obligation to inform interested parties, whether (AD 12.2) AD 313–14, 336, 432 compliance with other obligations, dependence on AD 561–74 data collection period, inclusion of reasons for (AD 12.2.2) AD 8, 556 explanations for initiation of investigations (AD 12.2.2), relevance AD 558–60 publication and administration of trade regulations (GATT X) Anti-Dumping Agreement and GATT 393–4 “date of this Agreement” (GATT X:3(c)), GATT practice GATT 386 measures of general application (GATT X:1) GATT 364, 376–9 GATT practice GATT 368 national treatment (GATT X:1) and GATT 372, 388: see also publication and administration of trade regulations (GATT X), uniform, impartial and reasonable administration (GATT X:3(a)), discrimination between Members, relevance relationship with other GATT provisions GATT 373, 387: see also separate subject headings such as national treatment (GATT X:1) above retroactivity of trade measures (ATC 6.10) and GATT 370 transparency and due process (GATT X:2) GATT 369–70 uniform, impartial and reasonable administration (GATT X:3(a)) GATT 371, 373, 376 applicability to individual traders GATT 380 discrimination between Members, relevance GATT 375, 389 general impact on overall administration, need for GATT 397 “impartial” (presence of private parties during customs process) GATT 382, DSU 202 as procedural requirement GATT 387 n. 585 publication of findings and reasoned conclusions on all pertinent issues of fact and law, authorities’ obligation (SG 3.1) GATT 532–3, 540, AG 68, 72, 75: see also reasoned and adequate explanation, need for (SG 3.1) absence of claim relating to, effect on possibility of SG 4 claims AG 89 confidential information (SG 3.2) and AG 108–9 format of report, relevance AG 102 multiple findings AG 93 “pertinent issues”, unforeseen developments AG 101 “publish”/”make publicly available”, equivalence AG 98 timing of report, relevance AG 103 publication of measures such as laws, decrees or ordinances (transparency of SPS Regulations (Annex B) (para. 1, footnote 5)) SPS 225 legal instruments as “measure” DSU 173
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