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SUBJECT INDEX

T

   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.


  


 

tables of disputes

AD 17 AD 535

AG 19 AG 110

GATS XXIII GATS 85

GATT XXII GATT 571

GATT XXIII:2 GATT 608

GPA XXII:2 GPA 19

LIC 6 LIC 43

SCM 30 SCM 366

SG 14 SG 243

SPS 11 SPS 158

TBT 14 TBT 53

Textiles Monitoring Body ATC 128

TRIMS 8 TRIMS 19

TRIPS 64 136, TRIPS 136

VAL 19 VAL 24

 

tariff data base

Consolidated Tariff Schedules (CTS) Database WTO 220, GATT 52-5

Integrated Data Base (IDB) WTO 220, GATT 50-1

 

tariff quotas

see also MFN treatment (GATT I:1), "advantage", allocation of tariff quotas

applicability of GATT XIII:2(a) GATT 401, 415

tariff measures distinguished GATT 415n.608

 

tax exemption

as circumvention of export subsidy commitments (SCM 1)

"categories of revenue" subject to or exempt from, right to determine SCM 25-7

extraterritorial income SCM 31

 

TBT Agreement

see also Committee on Technical Barriers to Trade

burden of proof, onus probandi actori incumbit TBT 9

Code of Good Practice (Annex 3), notification procedure (para. j) TBT 66

conformity with technical regulations and standards, procedures for assessment of conformity (TBT 5), Technical Working Group and TBT 41

consultation and dispute settlement (TBT 14), table of disputes TBT 53

GATT III:4 and GATT 278

harmonization of technical regulations (TBT 2.6) TBT 24

information about technical regulations, standards and conformity assessment procedures (TBT 10)

enquiry points TBT 45-7

notification format for agreements with another country (TBT 10.7) TBT 49

"international standards ... as a basis for technical regulation" (TBT 2.4)

applicability to pre-existing measures TBT 6-8

          harmonization of technical regulations (TBT 2.6) and TBT 24

          unilateral measures under MFA (TBT 2.5) TBT 23

"as the basis" TBT 16-19

"ineffective or inappropriate means" TBT 20-1

"international standard", consensus, relevance TBT 10-12

legitimacy of objective (TBT 2.2/2.4), relevance TBT 22

"relevant" TBT 14-15

"relevant parts of them" TBT 19

notification procedures (TBT 2.9)

comments on notified regulations

          procedures for handling TBT 34

          time-limits TBT 33

documentation

          processing of requests for TBT 32

          translation TBT 31

electronic transmission TBT 36

labelling requirements TBT 28

listing of notifications TBT 35

notification format and guidelines TBT 27

"significant effect on trade of other members" (TBT 2.9 and 5.6) TBT 30

timing TBT 29

preparation, adoption and application of standards (TBT 4)

dissemination of information relating to TBT 39

Marrakesh Code of Good Practice TBT 39

principles governing TBT 38, 42

publication of regulations/entry into force (TBT 2.12), "reasonable interval" TBT 37

review of implementation

contents of Members' statements (TBT 15.2) TBT 55

Triennial Reviews of Operation and Implementation (TBT 15.4) TBT 56

standards (Annex 1.2)

applicability in case of departure from ISO/IEC Guide (TBT 2.4) TBT 62

consensus, relevance (Annex 1.2 and Explanatory note) TBT 62, 63

technical assistance (TBT 11), TBT Committee parameters for exchanging information TBT 50

technical expert group, panel's right to establish (TBT 14.2), individual advice, right to seek TBT 54

"technical regulation" (Annex 1.1) TBT 2, 57-61

identifiability requirement TBT 58-61

          express identification, relevance TBT 60

naming and labelling distinguished TBT 61

termination of Tokyo Round Agreement TBT 1

unilateral measures under MFA (TBT 2.5) and TBT 23

 

technical cooperation and capacity building (Doha Declaration)

competition policy WTO 112

as core elements of development dimension of multilateral trading system WTO 64, 65

economic development and strategies for poverty reduction, Secretariat support for domestic efforts to mainstream trade into national plans for WTO 64

GATS tariff-cutting exercise and WTO 75

Global Trust Fund WTO 268

Integrated Framework for Trade-Related Technical Assistance to least-developed country Members and Joint Integrated Technical Assistance and Joint Integrated Technical Assistance Programme (JITAP), identification of ways of enhancing and rationalizing WTO 64

see also least-developed country Members, Integrated Framework for Trade-Related Technical Assistance to least-developed country Members (IF)

consultation by Director-General with relevant agencies, bilateral donors and beneficiaries WTO 64, 65

International Trade Centre, support for WTO 64

"New Strategy for WTO Technical Cooperation for Capacity Building, Growth and Integration", endorsement WTO 64

priorities

accession to membership WTO 65

adjustment to WTO rules, disciplines and obligations and to rights of membership, assistance in WTO 64

coordinated delivery of technical assistance with bilateral donors WTO 64

economies in transition, support for WTO 64

long-term funding WTO 64

Members and Observers without representation in Geneva WTO 64

résumé of commitments WTO 64

WTO Guidelines (1996) WTO 198

 

technical cooperation (TRIPS 67), WIPO-WTO Agreement TRIPS 148

 

telecommunications (GATS provisions, applicability)

see also International Telecommunications Union (ITU)

MFN treatment (GATS II), exemption GATS 26

progressive liberalization (GATS XIX) GATS 76

Decision on Commitments in Basic Telecommunications GATS 76

GATS, Fourth Protocol GATS 76

 

Telecommunications, Group on Basic Telecommunications, establishment WTO 179, 182

 

Telecommunications, Negotiating Group on Basic Telecommunications, establishment WTO 179, 182, GATS 76, 95

 

termination: see investigation of dumping (AD 5)/subsidy (SCM 11), termination (SCM 11.9); notice of appeal, requirements (AB/WP 20(2)), withdrawal of appeal (AB/WP 30)

 

termination of treaty for breach (VC 60), rights created prior to, effect on (VC 70) DSU 474, 512

 

terms of reference (Committees and Working Groups): see individual Committees and Working Groups

 

terms of reference of panels (DSU 7)

see also competence (panels); competence of panels and AB (DSU 3.2); relationships within and between agreements; request for establishment of panel, requirements (DSU 6.2); review of implementation of DSB rulings (DSU 21.5), competence of DSU 21.5 (compliance) panel; standard of review (DSU 11)

as definition of jurisdiction/legal claims at issue SPS 147, DSU 185

failure to make specific mention of alleged inconsistency (DSU 23.2(a)) DSU 220

legal claim included in terms of reference, limitation of jurisdiction to DSU 215-16, 221

due process and DSU 185, 209

failure of parties to produce evidence or arguments SG 15

"matter referred to the DSB", as identified in DSU 6.2 AD 489, 530, DSU 186-222

limitation to provisions in covered agreements cited by parties, whether SG 172, DSU 222, 245

request for establishment of panel as basis AD 493, DSU 121

special terms of reference (DSU 7.3) DSU 225

unilateral amendment, exclusion DSU 195

 

Textiles and Clothing Agreement (ATC)

cotton-producing exporting members (ATC 1.4) ATC 4

integration provisions (ATC 1.5) ATC 5

least-developed country Members and (ATC 1, footnote 1) ATC 3

object and purpose, full integration of textiles into GATT ATC 31

quantitative restrictions, elimination GATT 360

 

Textiles and Clothing Agreement (ATC), administration of restrictions (ATC 4)

changes, requirements (ATC 4.2) ATC 26

mutually acceptable solution (ATC 4.4) ATC 26

 

Textiles and Clothing Agreement (ATC), circumvention of quotas (ATC 5) ATC 27-33

"appropriate action, to the extent necessary ... " ATC 27, 28

"other remedies in consultation" ATC 29-32

false declaration (ATC 5.6) ATC 27, 34

introduction of new restraints, admissibility ATC 34

 

Textiles and Clothing Agreement (ATC), integration process (ATC 2)

administrative arrangements, agreement on (ATC 2.17), new quantitative restrictions and ATC 18

conformity with ATC provisions, need for (ATC 2.4) GATT 642, ATC 7

transitional safeguards (ATC 6) and ATC 110-11

"ex-positions" (ATC 2.6) ATC 8-11

Colombia ATC 8-9

growth-on-growth provisions (ATC 2.13 and 2.14) ATC 15-17

improvements in access (ATC 2.18) ATC 20

late notifications (ATC 2.7(b)) ATC 12

new restraints not requiring notification, possibility of ATC 6

notifications (ATC 2.8(a) and 2.11) ATC 13

regional trade agreements (GATT XXIV) as exception/defence GATT 616n.849, 637, 642

 

Textiles and Clothing Agreement (ATC), quantitative restrictions (ATC 3)

phase out programme (ATC 3.2(b)) ATC 24-5

"restrictions" (ATC 3.1) ATC 23

restrictions not covered by ATC 2 (ATC 3.1) ATC 22

 

Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6) ATC 31

application of transitional safeguards (ATC 6.4) ATC 36

attribution of damage from "sharp and substantial increase in imports" (ATC 6.4) ATC 36, 47, 77, 78, 79-80

"factors" ATC 86

"from a Member" ATC 83-5

"from Member or Members individually" ATC 79, 81

proportionality and ATC 86

"sharp and substantial increase in imports" ATC 80

as balance of rights and obligations ATC 43, 96

burden of proof ATC 43

"more favourable treatment" for re-imports (ATC 6.6(d))

"in the application of" (ATC 6, chapeau) ATC 88

options for ATC 89

notification, need for ATC 37

object and purpose (ATC 1.1) and ATC 1

provisional application of restraint measures authorized under ATC 10 (ATC 11)

consultations (ATC 6.7) and ATC 102

"highly unusual and critical circumstances" ATC 104-8

          evidence of ATC 108

inappropriate recourse to, effect on transitory safeguard measures ATC 106-7

notification requirements (ATC 6) and ATC 103

procedural and substantive elements distinguished ATC 105

retroactivity (ATC 6.10) and ATC 100

relevant factors (ATC 6.3), obligation to examine all ATC 74-5, SG 113-14

retroactivity (ATC 6.10): see retroactivity (trade measures) (ATC 6.10)

serious damage or actual threat thereof (ATC 6.2), Member's determination of, requirements

"a particular product producted being imported" ATC 47

"demonstrably" ATC 69-70

"directly competitive"

          GATT III:2, applicability, see also directly competitive or substitutable products (GATT III:2)

          GATT III:2, applicability ATC 58

          proximity of relationship, relevance ATC 59

"domestic industry producing like and/or directly competitive products"

          "and/or" ATC 63

          captive production ATC 62

          "domestic industry", absence of ATC definition ATC 64

          "producing" ATC 56

          product-oriented definition ATC 55

due diligence, available evidence, limitation to ATC 41

"in such increased quantities" ATC 49-50

investigation period

          length ATC 53

          recent damage, need for ATC 54, 72

"not by other factors" ATC 71

notification to TMB ATC 37

"or actual threat thereof" ATC 51

"serious damage", change of equipment, whether ATC 52

serious damage or actual threat thereof (ATC 6.2) ATC 36

specific factual information ATC 45-6

 

Textiles Monitoring Body (TMB)

administration of restrictions (ATC 4) ATC 26

composition (ATC 8.1) ATC 117

ad personam status of members ATC 118-19

integration process (ATC 2) and ATC 6-21, 129

members, independence of governments ATC 119

notification requirements (ATC 6) ATC 37

provisional application of restraint measures authorized under ATC 10 (ATC 11) and ATC 103

recommendations

inability to conform, reasons (ATC 8.10) ATC 126-7

legal status (ATC 8.9) ATC 125

Report to Council for Trade in Goods on implementation of ATC pr0visions in favour of the least developed countries ATC 3-5

review of integration process (ATC 8.11), reports to Council for Trade in Goods ATC 129

review proceedings

consultations (DSU 4) and DSU 112

information made available at time of request for consultations (ATC 6.7), limitation to ATC 42, 116

          inadequacy of information ATC 64-8, 90-4

right to request establishment of panel (DSU 4) following completion (ATC 8.10) ATC 116, DSU 112

statements made during, admissibility in panel proceedings (DSU 11) ATC 38-9, DSU 288

table of disputes ATC 128

role (ATC 8)

dispute settlement panels distinguished ATC 115, DSU 290

          fact-finding ATC 116

objective assessment of compliance with ATC 6 requirements ATC 116, DSU 289

Singapore Declaration ATC 114

standard of review (ATC 8.3) ATC 124

statements relating to

administrative arrangements, agreement on (ATC 2.17) ATC 18

conformity with ATC provisions, need for (ATC 2.4) ATC 6-7

consultations (ATC 6.7) ATC 90-4

"ex-positions" (ATC 2.6) ATC 8-11

growth-on-growth provisions (ATC 2.13 and 2.14) ATC 15-17

improvements in access (ATC 2.18) ATC 20

inability to conform with TMB recommendations, reasons (ATC 8.10) ATC 126-7

late notifications (ATC 2.7(b)) ATC 12

notifications (ATC 2.8(a) and 2.11) ATC 13

provisional application of restraint measures authorized under ATC 10 (ATC 11) ATC 102, 103, 104-9

restrictions other than those covered by the MFA (ATC 3) ATC 22-5

review proceedings ATC 42

transitional safeguards (ATC 6.2), requirements ATC 45-6, 48, 49-50, 54, 64-8, 72

transparency, need for ATC 114

Working Procedures (ATC 8.2)

adoption ATC 118, 120

"consensus" ATC 122-3

Rules of Conduct, adoption ATC 121

 

Thailand - H-Beams (AB)

amicus curiae briefs, containing another party's confidential information DSU 394, 620, 639

Anti-Dumping Agreement (AD), determination of injury (AD 3)

"positive evidence" / "objective examination" requirement (AD 3.1)

          AD 17.6 (standard of review) distinguished AD 88

          confidential evidence, admissibility AD 86-9

          "objective examination", industry as a whole, need to examine AD 88

          undisclosed evidence AD 86-7, 506-7

substantive obligations as focus of AD 3, underlying principles (AD 3.1) AD 78

threat of material injury (AD 3.7), establishment "based on facts, not merely allegation, conjecture or remote possibility" AD 87

burden of proof, prima facie case, need for, explicit finding, relevance DSU 282

confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3)

evidence of breach DSU 394

obligation to respect/ensure respect for DSU 394

due process (dispute settlement proceedings), prejudice to party, relevance DSU 169

good faith (including pacta sunt servanda principle (VC 26)), dispute settlement procedures, engagement in (DSU 3.10) DSU 85

interpretation of covered agreements, ordinary meaning

"establishment" AD 506

"proper" AD 506

"unbiased and objective" AD 509

investigation of dumping (AD 5)/subsidy (SCM 11)

evidence, sufficiency (AD 5.2) AD 87

evidence, sufficiency, investigating authority's obligation to examine accuracy and adequacy (AD 5.3) AD 87

investigation of dumping, evidentiary rules (AD 6), full opportunity for defence of interests, right to (AD 6.2) AD 87

preliminary rulings, amicus curiae briefs DSU 620

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

"all relevant information on the matters of fact and law and reasons" for measures (AD 12.2.2) AD 87

relationships within and between agreements, AD 3.1/AD 3.7 AD 87

request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, specificity, preliminary ruling on DSU 612

standard/powers of review (AD 17.6)

assessment of the facts (AD 17.6(i))

          AD 3.1 (determination of injury) distinguished AD 88

          "unbiased and objective" AD 509

"facts made available" (AD 17.5(ii)), disclosure/discernibility to interested parties by time of final determination, relevance AD 89, 499, 506-7, 509

investigating authorities' establishment of facts (AD 17.6(i)), "proper" AD 506

parties' obligations (AD 17.5/17.6), AD 3.1 (determination of injury) distinguished AD 88-9

 

Thailand - H-Beams (Panel)

Anti-Dumping Agreement (AD), determination of dumping (AD 2)

calculation of administrative, selling and general costs and profits (AD 2.2.2)

          actual books and records as basis AD 32

          reasonability test, relevance AD 38, 39

Anti-Dumping Agreement (AD), determination of injury (AD 3)

country by country analysis/cumulative assessment of volume and prices (AD 3.2)

          "consider ... a significant increase in dumped imports"

             "consider" AD 101

             "significant", designation as, relevance AD 101

          frequency of analysis AD 99

          methods, Members' freedom of choice AD 97

evaluation of injury factors (AD 3.4)

          all relevant economic factors and indices, need to examine

             checklist approach AD 124n.162

             grammatical structure, relevance AD 115

             "including" AD 114

             "or" AD 115

          "evaluation" AD 120

          examination of other known factors (AD 3.5)

             illustrative nature of list AD 138

             "known" to investigating authority AD 136

Anti-Dumping Agreement, preparatory work (VC 32), AD 3.4 AD 114

calculation of administrative, selling and general costs and profits (AD 2.2.2), "same general category of products" AD 31-3

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)], DSU 3.2 AD 114n.142

interpretation of covered agreements, guidelines, text/plain language AD 38

interpretation of covered agreements, means, dictionaries AD 101, 215

investigation of dumping (AD 5)/subsidy (SCM 11)

evidence, sufficiency (AD 5.2)

          evidence of causal link (AD 5.2(iv)), "information" and analysis distinguished AD 186

          "simple assertion, unsubstantiated by relevant evidence", raw numerical detail AD 187

notification to government of exporting Member (AD 5.5)

          content AD 216

          form of notification AD 215

          public notice and explanation of determinations (AD 12) distinguished AD 243

public notice and explanation of determinations (AD 12), notification to government of exporting Member (AD 5.5) distinguished AD 243

relationships within and between agreements

AD 2.2.2 as a whole AD 32

AD 2.2.2(i)/AD 3.6 AD 33

AD 3.1/AD 3.7 AD 87

AD 3.1/AD 6 AD 87

AD 5.5/AD 12 AD 243

request for establishment of panel, requirements (DSU 6.2)

identification of specific measures at issue, establishment of prima facie case distinguished DSU 178

legal basis of claim, arguments distinguished DSU 178

standard/powers of review (AD 17.6), "facts made available" (AD 17.5(ii)), evidence before authority at time of determination, limitation to AD 505

transparency, written record/notification and AD 215

 

third party rights

Article 22.6 arbitration DSU 507-9

authority of Panel to direct third-party participation DSU 240, 335

consultations (DSU 4.11) DSU 123, 238

"essential party" concept DSU 241-2

panel proceedings (DSU 10 and Appendix 3)

claims, resurrection of abandoned AD 495, DSU 219

enhancement in accordance with due process

          agreement between the parties, relevance DSU 232, 236

          opportunity to be heard at second substantive meeting DSU 233

          panel's discretion and DSU 229, 232, 237

          participation in interim review process (DSU 15), exclusion DSU 234

          presence at second substantive meeting DSU 229, 233

          submission of additional written material, exclusion DSU 233

GATT practice DSU 232

multiple complainants (DSU 9) and DSU 229-30, 230, 235-7

opportunity to be heard (DSU 10.2) DSU 232, 320

"present their views" (Appendix 3, para. 6) DSU 233

right to receive submissions to first meeting of the panel (DSU 10.3) DSU 231

"substantial interest", need for (DSU 10.2) DSU 123, 238

written submissions (DSU 10.2) DSU 232

Working Procedures (AB), amendment DSU 377-8

 

Third UN Conference on least-developed country Members (LDC-III): see least-developed country Members, Third UN Conference on (LDC-III) (Brussels Declaration)

 

threat of injury: see Anti-Dumping Agreement (AD), determination of injury (AD 3); safeguard measures (SG/GATT XIX), conditions (SG 2); Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member's determination of, requirements

 

time-limits: see evidence (panel procedures) (DSU 12), time-limits for submission; investigation of dumping, evidentiary rules (AD 6); State trading enterprises (GATT XVII), notification requirements (GATT XVII:4/Understanding on the Interpretation of Art. VII); "withdrawal of subsidy without delay" (SCM 4.7)

 

time-periods, calculation (DSU 2) DSU 14

 

TMB: see Textiles Monitoring Body (TMB)

 

Tokyo Round Anti-Dumping Code AD 304

developing country Members (Art. 13) AD 457n.529

legislation as such, right to challenge AD 477

 

Tokyo Round Committee on Customs Valuation: see Committee on Customs Valuation, adoption of Tokyo Round Committee decisions

 

TPRM: see Trade Policy Review Mechanism (TPRM)

 

trade and competition policy (Doha Round)

cooperation with other international organizations WTO 48

cooperation through regional and bilateral channels WTO 113

core principles

hardcore cartels WTO 114

non-discrimination and procedural fairness WTO 114

transparency WTO 114

voluntary cooperation modalities WTO 114

developing and least-developed country Members, respect for needs of

developmental needs including technical assistance and capacity building WTO 48, 114

flexibility towards WTO 49, 114

timing of negotiations WTO 48

 

Trade and Competition Policy, Working Group on Interaction between

establishment (Singapore Ministerial Conference) WTO 106, 111, 120

procedure, annual reports to General Council WTO 115

terms of reference WTO 111

Work Programme/priorities WTO 49

see also trade and competition policy (Doha Round), core principles

amendment (1998) WTO 112

amendment (Doha Declaration) WTO 113

clarification of core principles WTO 49, 114

 

Trade, Debt and Finance, Working Group on (Doha Declaration)

establishment WTO 62

trade-related measures within mandate and competence of WTO to contribute to problem of external indebtedness of developing and least-developed country Members, examination of WTO 62

 

trade and environment, negotiations on relationship between WTO rules and MEAs (Doha Declaration) WTO 58-9, 86-8

see also Committee on Trade and Environment

clarification of relevant WTO rules, identification of need for WTO 58

criteria for observer status WTO 58

elimination of tariff and non-tariff barriers to environmental goods and services WTO 58

see also fisheries subsidies

limitation to application of WTO rules as among parties to MEA in question WTO 58

regular information exchange between MEA Secretariats and WTO committees WTO 58, 86

relevant factors

compatibility with open and non-discriminatory nature of multilateral trading system WTO 58, 87

developing and least-developed country Members, respect for needs of, developmental needs including technical assistance and capacity building WTO 58, 88

environmental reviews at national level, sharing of expertise and experience WTO 58, 88

rights and obligations of Members under existing WTO agreements

          avoidance of any addition to or diminishment of WTO 58, 86

          maintenance of balance between WTO 58

report on, Ministerial request to Committee on Trade and Environment WTO 222

Special Session of the Committee on Trade and Environment

establishment WTO 59, 72

responsibility for negotiations WTO 71, 86

SPS Agreement and WTO 58, GATT 517

 

trade facilitation (Doha Round)

developing and least-developed country Members, respect for needs of, developmental needs including technical assistance and capacity building WTO 51

expedition of movement, release and clearance of goods, need for WTO 51

timing of negotiations WTO 51

 

trade facilitation (Singapore Ministerial Conference), working group, establishment WTO 120

 

trade and investment, relationship (Doha Round)

developing and least-developed country Members, respect for needs of, developmental needs including technical assistance and capacity building WTO 108

relevant factors

balance of interests of countries of origin and host countries WTO 45, 109

cooperation with other international organizations WTO 45, 108, 113

developing and least-developed country Members

          special development, trade and financial needs WTO 45, 109

          support and technical cooperation WTO 45, 109

host governments' development policies and objectives WTO 45, 109

host governments' right to regulate in public interest WTO 45

timing of negotiations WTO 45

 

Trade and Investment, Relationship, Working Group on

mandate/priorities (Singapore), see also trade and investment, relationship (Doha Round), relevant factors

Work Programme WTO 46

 

Trade and Investment, , Working Group on Relationship between

establishment (Singapore Ministerial Conference) WTO 106, 120

mandate/priorities (Doha)

clarification of issues WTO 109

technical assistance and capacity building WTO 108

mandate/priorities (Singapore), examination of relationship between trade and investment WTO 107

Work Programme, Checklist of Issues Suggested for Study (1997) WTO 107

 

trade names (Paris Convention (1967) (PC 8))

applicability of trademark findings TRIPS 24

incorporation in TRIMS Agreement TRIPS 5, 12, DSU 54

ownership issues and TRIPS 13

 

Trade Negotiations Committee (TNC)

appointment of Director-General as chair WTO 70

establishment WTO 22, 69

mandate

establishment of appropriate negotiating mechanisms WTO 22, 70

responsibility for overall conduct of Doha round negotiations WTO 70

supervision of progress of negotiations WTO 70

 

Trade Policy Review Body (TPRB)

functions, reviews (TPRM C) WTO 143

reports (TPRM C) TPRM 9

rules of procedure (1995) WTO 144

 

Trade Policy Review Mechanism (TPRM)

mission (TPRM A) TPRM 1

GATT practice TPRM 2

reporting obligation (developments in international trading environment (TPRM G)) TPRM 30

reporting obligations (Members) (TPRM D), government reports TPRM 22-7

review of operation (TPRM F) TPRM 28-9

review procedures (TPRM C) WTO 143

documentation (TRPM C(v))

          general considerations TPRM 18

          government reports TPRM 22-4

          Secretariat reports TPRM 20

documentation (TRPM C(v)) timing of submission TPRM 25-7

grouped review of "entities having a common external policy" (TPRM C(ii)) TPRM 13-16

rank of representation and duration (TPRM C(iii)) TPRM 17

timing and frequency TPRM 10-12

reviews undertaken (TPRB C) WTO 146, TPRM 8

rules of procedures TPRM 6-7

transparency (TPRM B) TPRM 3-4

 

trademarks (Paris Convention (1967) (PC))

see also TRIPS Agreement, trademarks

expropriation (PC 6bis) TRIPS 8

registration in country other than that of applicant's origin

acceptance of trademark registered in country of origin according to domestic legislation in that country (PC 6quinquies) TRIPS 7, 11

          "as is" / "telle quelle" TRIPS 11

right of Paris Union Members to determine conditions (Art. 6(1)) TRIPS 7

State emblems, official hallmarks and emblems of intergovernmental organizations (PC 6ter) TRIPS 9-10

WIPO-WTO Agreement TRIPS 9-10

 

traditional knowledge and folklore, protection WTO 78-9

 

transfer of technology, measures within WTO mandate, examination of possibilities (Doha Declaration) WTO 63

 

translation, technical regulations, documentation relating to TBT 31

 

transparency

AD Agreement and: see investigation of dumping, evidentiary rules (AD 6), confidential information (AD 6.5); public notice and explanation of determinations (AD 12)

competition policy and WTO 114

Doha Round negotiations WTO 25

GATS and: see GATS, transparency (GATS III)

government procurement: see government procurement, transparency

SPS 7: see SPS Agreement, transparency of SPS regulations (SPS 7 and Annex B)

TMB ATC 114

written record/notification and AD 126-7, 215

 

treaty interpretation: see interpretation of covered agreements, guidelines

 

TRIMS Agreement

see also Committee on TRIMS (Trade-Related Investment Measures)

consultation and dispute settlement (TRIMS 8), table of disputes TRIMS 19

Decision on Implementation-Related Issues and Concerns and, extension of transition periods WTO 47

extension of transition periods (TRIMS 5.3) TRIMS 10-12

Decision on Implementation-Related Issues and Concerns and WTO 47

General Council direction to give positive consideration to, a, General Council, functions, guidance of councils established under Art. IV:5, requests for extension of transition periods (TRIMS Art. 5.3) and WTO 161

Illustrative List

local content requirements (Item 1) TRIMS 4

national treatment (GATT III:4) and: see TRIMS Agreement, national treatment (GATT III:4) and, Illustrative List

tax and customs duty benefits (para. 1(a)) TRIMS 5, 26

as integral part of WTO Agreement TRIMS 24-5

"investment measures" (TRIMS 1) TRIMS 1-2

legislative measures, relevance TRIMS 2

"related to trade" TRIMS 3

national treatment (GATT III:4) and GATT 272n.412, 283-6, TRIMS 23-32

Illustrative List GATT 283, TRIMS 3, 5, 26

notifications (TRIMS 5.1), Council for Trade decisions relating to TRIMS 8-9, 17-18

quantitative measures (GATT XI and) GATT 272n.412, TRIMS 31-2

relationship with other agreements, SCM TRIMS 33-5, SCM 388-9

review of operation (TRIMS 9) TRIMS 20

transparency (TRIMS 6), publications in which TRIMS may be found (TRIMS 6(2)) TRIMS 13

 

TRIPS Agreement

see also Council for TRIPS

acquisition and maintenance of intellectual property rights (TRIPS 62)

unwarranted curtailment, prohibition (TRIPS 62.2)

          freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3

          term of protection (TRIPS 33) as distinct and cumulative provision TRIPS 3, 131

"acts" (TRIPS 70.1) TRIPS 154-6

Berne Convention and (TRIPS 9)

see also copyright protection (Berne Convention (1971))

conflict, avoidance TRIPS 41

incorporation, effect TRIPS 38, 110

          minor exceptions doctrine TRIPS 52, 59-60

renewability, harmonization of provisions TRIPS 54bis

treaty succession (VC 30) and TRIPS 39

developing country Members, right to delay application (TRIPS 65) TRIPS 95, 139-40

dispute settlement (TRIPS 64)

DSU, applicability (DSU 1.1) DSU 2, 69

non-application of non-violation complaints (TRIPS 64.3)

          procedure

             Council for TRIPS Agreement, role WTO 105

             Ministerial Conference, role WTO 105

non-violation and situation complaints, moratorium TRIPS 137, DSU 69

table of disputes TRIPS 136

environmental considerations and WTO 58

exceptions (TRIPS 30): see patents (TRIPS, Section 5), exceptions (TRIPS 30)

exclusive rights (TRIPS 28) TRIPS 97

existing rights, applicability to (TRIPS 70)

"acts which occurred before date" (TRIPS 70.1) and "existing at the date" (TRIPS 70.2) distinguished TRIPS 153, 157

exclusive rights (TRIPS 70.9), waiver in respect of least-developed countries TRIPS 162

freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3

obligation to provide means for filing applications relating to delayed application of TRIPS 27 (TRIPS 70.8) TRIPS 158-9

          exclusive marketing rights, requirements (TRIPS 70.9) and TRIPS 160-1

patent protection (TRIPS 27) and TRIPS 95

"subject matter" (TRIPS 70.2) TRIPS 157

term of protection (TRIPS 33) and TRIPS 163

transitional arrangements (TRIPS 65) and TRIPS 143-4

fair and equitable procedures (TRIPS 42)

international minimum standard (TRIPS 1.3) and TRIPS 122

as procedural obligation TRIPS 122-3

requirement (TRIPS 41.2) TRIPS 120

"right holders" TRIPS 120, 121

implementation (TRIPS 71.1), relevant factors, object and purpose (TRIPS 7) WTO 78-9, TRIPS 156

intellectual property conventions (TRIPS 2)

Paris Convention (1967), incorporation (TRIPS 2.1) TRIPS 5-14, DSU 54

          see also trade names (Paris Convention (1967) (PC 8)); trademarks (Paris Convention (1967) (PC))

preservation of existing obligations (TRIPS 2.2) TRIPS 14

international negotiations: exceptions (TRIPS 24), Checklist of Questions TRIPS 86

least-developed country Members and: see least-developed country Members (TRIPS 66)

limitations and exceptions (TRIPS 13)

broadcasting to the public (Berne 11bis) and TRIPS 58-60

conflict with Berne Convention (1971), exclusion TRIPS 54

cumulative nature TRIPS 57

legitimacy/legitimate public policy and TRIPS 62-4

"legitimate" TRIPS 71

"legitimate interests"

          "interests" TRIPS 71

          ordinary meaning TRIPS 71

          relationships within and between agreements TRIPS 70

limitation to new TRIPS rights, whether TRIPS 55

"normal exploitation of the work"

          application to individual exclusive rights, need for TRIPS 67, 72

          criteria/test TRIPS 68-9

          "exploit" TRIPS 65

          "normal" TRIPS 66

"prejudice", criteria/test TRIPS 72-4

national treatment (TRIPS 3): see national treatment (TRIPS 3)

notification formats TRIPS 25, 31

notification obligations TRIPS 25, 31, 133-4

object and purpose, effective and adequate protection of intellectual property rights TRIPS 1

obligations (TRIPS 1)

implementation, freedom to choose method (TRIPS 1.1) TRIPS 2-3

"intellectual property" (TRIPS 1.2), categories covered TRIPS 4

patents: see patents (TRIPS, Section 5)

retroactivity (TRIPS 70.1) TRIPS 153, DSU 63

review and amendment (TRIPS 71)

implementation (TRIPS 71.1) WTO 78-9

          relevant factors

             new developments WTO 78-9

             object and purpose (TRIPS 7) WTO 78-9

             principles (TRIPS 8) WTO 78-9

             protection of biodiversity WTO 78-9

             protection of traditional knowledge and folklore WTO 78-9

"shall have authority" (TRIPS 43-8) TRIPS 125

technical cooperation (TRIPS 67): see technical cooperation (TRIPS 67)

term of protection (TRIPS 33), freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3

trade names, obligation to protect TRIPS 5, 12

trademarks

denial of protection on "other grounds" (TRIPS 15.2) TRIPS 76

national treatment (TRIPS 3): see national treatment (TRIPS 3), "less favourable treatment", protection of trade-related property rights and

"protectable subject-matter" (TRIPS 15) TRIPS 75-6

          "distinctiveness" requirements, restrictions on legislative conditions and TRIPS 75

rights conferred (TRIPS 16)

          "the owner" (TRIPS 16.1) TRIPS 78

          usage and registration as basis of ownership distinguished TRIPS 78-9

transitional arrangements (TRIPS 65)

developing country Members and TRIPS 95, 139-40, 142

"lesser degree of consistency" (TRIPS 65.5) TRIPS 141

procedural nature TRIPS 138, 140

TRIPS Agreement and Public Health, Declaration on (2001) WTO 280

UN Convention on Biodiversity and WTO 78-9

wines and spirits, additional protection for geographical indications (TRIPS 23) WTO 43, 71, 78, TRIPS 84-5

WIPO Copyright Treaty (1996) and TRIPS 42

 

TRIPS (Doha round)

patentability of plant and animal inventions: see biodiversity, protection, patentability of plant and animal inventions (TRIPS 27.3(b)), review (Doha Declaration)

public health and WTO 41-2, 78

Declaration on the TRIPS Agreement and Public Health WTO 42

traditional knowledge and folklore, protection WTO 78-9

wines and spirits, geographical indications: see Council for TRIPS, Special Session, wines and spirits, geographical indications, responsibility for negotiations

 

Turkey, preferential tariff treatment for least-developed country Members, notification GATT 47

 

Turkey - Textiles (AB)

customs unions (GATT XXIV:5(a))

chapeau, relationship with GATT 616-18, 620

as defence or exception

          economic test GATT 623

          on formation of customs union, limitation to GATT 616-18

             "would be prevented unless" requirement GATT 632, SG 46

          GATT XI and XIII and ATC 2.4 GATT 637, 642

definition (GATT XXIV:8(a))

          internal trade arrangements (GATT XXIV:8(a)(i)) GATT 631-2

          trade with third countries ("substantially the same") (GATT XXIV:8(a)(ii)) GATT 634-5

GATT 1994 Understanding on Article XXIV GATT 621-3

object and purpose (GATT XXIV:4) GATT 614, 625

"regulations of commerce", GATT 1994 Understanding on Article XXIV GATT 622

interpretation of covered agreements, specific terms and phrases, "regulations of commerce" (GATT XXIV:5) GATT 622

quantitative restrictions, elimination (GATT XI), regional trade agreements (GATT XI) as defence/exception GATT 616-18, 632

relationships within and between agreements, GATT XXIV as a whole GATT 614

 

Turkey - Textiles (Panel)

burden of proof

affirmative defence DSU 265

onus probandi actori incumbit DSU 265

consultations (DSU 4), adequacy of consultations, Panel responsibilities in relation to DSU 91

customs unions (GATT XXIV:5(a))

consistency with GATT and WTO WTO 6

as defence or exception GATT 616

          GATT XI and XIII and ATC 2.4 GATT 637, 642

GATT 1994 Understanding on Article XXIV WTO 6

legislation as such, right to challenge DSU 143, 335

due process (dispute settlement proceedings), opportunity to defend oneself DSU 209

legislation as such, right to challenge, legislation adopted by customs union DSU 143, 335

nullification or impairment (DSU 3.8)

adverse impact/prejudice, relevance DSU 80

presumption in case of inconsistency with covered agreement DSU 80

quantitative restrictions, elimination (GATT XI), GATT preference for tariffs and GATT 360

regional trade agreements (GATT XXIV:5)

Singapore Ministerial Declaration WTO 6

WTO Preamble and WTO 6

request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, specificity sufficient to present the problem clearly DSU 209

Singapore Ministerial Declaration, regional trade agreements (GATT XXIV:5) WTO 6

State responsibility, common organ, responsibility of individual States for DSU 64-5

third party rights

authority of Panel to direct third-party participation DSU 240, 335

"essential party" concept DSU 241-2


 

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