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SUBJECT INDEX P |
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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) Berne Convention as basis TRIPS 110 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 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 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 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) 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 date of commencement (SCM 17.3) SCM 257-8 duration (SCM 17.4) SCM 257-60 retroactivity (SCM 20) and SCM 258, 272-4 annual reports PSI 5 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 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 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 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
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