Click here to return to homepage
175pxls.gif (78 bytes)

 

home > resources > publications > wto analytical index > page p


Analysis, statistics, publications, downloads, links, etc

SUBJECT INDEX

P

   Index:  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  Z

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.


  


 

panel reports

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 81-2

reports reversed by AB AD 200n.246

unadopted reports WTO 336, AD 477

unappealed reports WTO 340

rationale, need for (DSU 12.7) DSU 321

direct quotation from previous report, desirability DSU 321

sufficiency DSU 321

          reference to previous panel report (DSU 21.5) DSU 321

surety and predictability of WTO obligations (DSU 3.2), aid to DSU 321

 

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)

 

panels (composition) (DSU 8), indicative list (DSU 8.4) DSU 226

 

Paris Convention (1967) (PC): see trade names (Paris Convention (1967) (PC 8)); trademarks (Paris Convention (1967)) (PC); TRIPS Agreement, intellectual property conventions (TRIPS 2), Paris Convention (1967), incorporation (TRIPS 2.1)

 

patents (TRIPS, Section 5)

Berne Convention as basis TRIPS 110

exceptions (TRIPS 30)

balance of agreement as a whole and TRIPS 100

compensatory adjustment TRIPS 112

conditions/criteria TRIPS 98, 100-6

          curtailment of owner's rights TRIPS 101-2

          economic impact TRIPS 102

          "exploitation of patent" TRIPS 104

          "legitimate interests" TRIPS 107-10

          "normal exploitation" TRIPS 105

"discrimination" (TRIPS 27.1), applicability TRIPS 93-4

patentable subject matter (TRIPS 27)

see also biodiversity, protection

as context for interpretation of TRIPS 70 (protection of existing subject matter) TRIPS 157

"discrimination" (TRIPS 27.1)

          applicability to TRIPS 30 and 31 TRIPS 93-4

          de facto discrimination TRIPS 88-9

          necessary elements TRIPS 91

          non-discriminatory terminology in other GATT/WTO agreements distinguished TRIPS 88-9

plant and animal inventions (TRIPS 27.3(b)), review WTO 78-9, TRIPS 92

plant and animal inventions (TRIPS 27.3(b)), review, see also biodiversity, protection

term of protection (TRIPS 33)

"available" TRIPS 116

"effectiveness", relevance TRIPS 117

"existing subject matter" (TRIPS 70.2) and TRIPS 163

freedom to choose method of implementation (TRIPS 1.1) and, "filing date" TRIPS 115

unwarranted curtailment, prohibition (TRIPS 62.2) as distinct and cumulative provision TRIPS 3, 131

 

payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c))

see also Anti-Dumping Agreement (AD), 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 AG 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

"by virtue of" AG 69, 70-6

burden of proof AG 76

"but for" test AG 70

nexus, need for AG 71-2

"financed" AG 69

"whether or not a charge on the public account" AG 58

"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 401

"payments"

payment-in-kind as AG 58-9

transfer of economic resources, need for AG 58

payments by private parties as AG 72

 

plants, patents: see biodiversity, protection

 

Plurilateral Agreements

see also Civil Aircraft, Agreement on Trade in; Government Procurement Agreement; International Bovine Meat Agreement; International Dairy Agreement (IDA)

acceptance provisions (WTO XIV:4) WTO 328-31

accession to (WTO XX:3) WTO 317-19

additions and deletions (WTO X:9) WTO 292

amendments (WTO X:9) WTO 294-5

reservations (WTO XVI:5) WTO 349-50

waivers (WTO IX:9) WTO 289

withdrawal (WTO XV:2) WTO 333

 

Poland, ATC safeguard measures (ATC 6), TMB discussion ATC 50, 94

 

precautionary principle

customary international environmental law, as principle of SPS 2

customary international law, whether SPS 2

SPS and

consistency of measures with SPS agreement, need for SPS 3

measures which result in a higher level of protection than international standards (SPS 3.3) SPS 3

SPS Preamble SPS 3

sufficient scientific evidence (SPS 5.7) SPS 3, 10

 

precedent

see also decisions, procedures and customary practices under GATT 1947 (WTO XVI:1); interpretation of covered agreements, guidelines, legitimate expectations, relevance

Appellate Body decisions, as clarification GATT 132n.207

cases distinguished AD 126n.165

decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports preceding relevant AB decisions GATT 132n.208

ECJ decisions GATT 99

 

preliminary rulings

on adequacy of consultation (DSU 4) DSU 90, 611

amicus curiae briefs DSU 620, 625

on composition of delegations DSU 621-3

confidentiality issues DSU 103, 618-20

late submission of evidence DSU 616-17

panel's obligation to determine jurisdictional issues DSU 223, 604

procedures, need for DSU 177, 592, 605-7

refusal DSU 615

on specificity of request for panel (DSU 6, 2) DSU 612-14

timing DSU 261, 592, 627

 

preparatory work: see interpretation of covered agreements, means, preparatory work (VC 32)

 

Preshipment Inspection Agreement: see PSI Agreement

 

prima facie case: see burden of proof, prima facie case, need for

 

private contractual arrangements as justification for breach of obligation GATT 14, SCM 164, 185

 

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 273

Members' obligation to respect international character of WTO (WTO VI:4) and WTO 272

WTO staff and representatives of Members (WTO VIII:3)

functional nature WTO 272

obligation of Secretariat officials to observe host State laws WTO 272

waiver by Director-General WTO 272

WTO (WTO VIII:2), functional nature WTO 272-3

 

procedure, international and municipal rules distinguished DSU 255, 256

 

prompt and satisfactory resolution of disputes, Members' right to (DSU 3)

impairment of benefits by measures taken by another Member (DSU 3.3)

arbitration (DSU 25) and DSU 560, 572

multiple complainants (DSU 9) and DSU 227

prompt compliance with DSB recommendations and rulings (DSU 21) and DSU 433-6

Working Procedures (appellate review) and SCM 144, DSU 379, 386-8

 

proportionality

attribution of damage (ATC 6.4) ATC 86

countermeasures (SCM 4.10) SCM 176-7, 180, 194, DSU 538-40

safeguard measures (ATC 6.4) and ATC 84

safeguard measures (SG 5.1) ("to the extent necessary") and SG 11-12, 175-8

State responsibility for breach of international obligations and ATC 84, SG 178, DSU 67

countermeasures ATC 84

suspension of concessions (DSU 22.4) and ATC 84, SCM 176-7, 180-1, DSU 538-40

 

provisional measures, see also provisional measures (SCM 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); Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6), provisional application of restraint measures authorized under ATC 10 (ATC 11)

 

provisional measures (AD 7)

duration (AD 7.4), claim relating to as claim relating to definitive anti-dumping duty (AD 10) SPS 491-2

judicial economy in case of overlap with previous determination relating to definitive measure AD 376

preliminary affirmative determination (AD 7.1(ii)), retroactive measures (AD 10.7) and AD 403

 

provisional measures (SCM 17)

date of commencement (SCM 17.3) SCM 257-8

duration (SCM 17.4) SCM 257-60

retroactivity (SCM 20) and SCM 258, 272-4

 

PSI Agreement

Independent Entity

annual reports PSI 5

establishment WTO 178, PSI 3

list of experts (PSI 4(b)) PSI 6

rules of procedure PSI 3-4

independent review procedures (PSI 4): see PSI Agreement, Independent Entity

monitoring, as responsibility of Committee on Customs Valuation VAL 23

notification (PSI 5), requirements PSI 7

obligations of exporter Members (PSI 3), technical assistance activities PSI 2

obligations of user Members (PSI 2), recommendation relating to (1997) PSI 1

Working Party on Preshipment Inspection WTO 106

 

PSI Working Party

establishment WTO 106, PSI 8

extension PSI 10-11

notification PSI 7

recommendations on

monitoring of PSI Agreement VAL 23

obligations of user Members (PSI 2) PSI 1

reports PSI 9

rules of procedure (1995) WTO 178

technical assistance activities PSI 2

 

public health

TRIPS and WTO 41-2, 78

TRIPS Agreement and Public Health, Declaration on (200) WTO 280

 

public notice and explanation of determinations (AD 12)

AD 3.4 factors, written record of analysis and AD 127

confidentiality of information (AD 6.5) and AD 344, 373

due process and AD 127

notification to government of exporting Member (AD 5.5) distinguished AD 243

as procedural requirement AD 127

 

public notice of initiation of investigation (12.1)

separate report (AD 12.1.1)

AD, footnote 23 and AD 436

need for reference to AD 434-5

summary of factors (AD 12.1.1(iv)) AD 437-8

time-limits for making views known (AD 12.1.1(vi)) AD 249

timing (AD 12.1)

initiation of investigation AD 432, 433

satisfaction as to sufficiency of evidence (AD 5.3), relevance AD 433

 

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 87, 113

change of legal basis, obligation to inform interested parties, whether (AD 12.2) AD 252-3, 269, 357

compliance with other obligations, dependence on AD 443-54

data collection period, inclusion of reasons for (AD 12.2.2) AD 7, 439

explanations for initiation of investigations, relevance AD 441-2

 

publication and administration of trade regulations (GATT X)

Anti-Dumping Agreement and GATT 358-9

"date of this Agreement" (GATT X:3(c)), GATT practice GATT 351

GATT practice GATT 350, 351, 356

measures of general application (GATT X:1) GATT 335-7, 344

GATT practice GATT 338

national treatment (GATT X:1) and GATT 341, 353

see also publication and administration of trade regulations (GATT X), uniform, impartial and reasonable administration (GATT X:3(a)), discrimination between Members, relevance

as procedural provision GATT 234, 334, 344, 352n.531

relationship with other GATT provisions GATT 342, 352

see also separate subject headings such as national treatment (GATT X:1) above

retroactivity of trade measures (ATC 6.10) and GATT 340

transparency and due process (GATT X:2) GATT 339-40

uniform, impartial and reasonable administration (GATT X:3(a)) GATT 342, 344

applicability to individual traders GATT 345

discrimination between Members, relevance GATT 343, 354

"impartial" (presence of private parties during customs process) GATT 347, DSU 159

"uniform" GATT 346, 349

 

publication of findings and reasoned conclusions on all pertinent issues of fact and law (SG .1) GATT 491-2, SG 53

 

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


 

back to top

contact us : World Trade Organization, rue de Lausanne 154, CH-1211 Geneva 21, Switzerland