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SUBJECT INDEX T |
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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. |
AD 17 AD 664 AG 19 AG 123 DSU 21.3(c) DSU 566 DSU 21.5 review DSU 624 ad hoc procedural agreements DSU 642 DSU 22 suspension of concessions DSU 762 GATS XXIII GATS 128 GATT XXII GATT 642 GATT XXIII:2 GATT 678 GPA XXII:2 GPA 17 LIC 6 LIC 43 RO 8 RO 22 SCM 30 SCM 389 SG 14 AG 285 SPS 11 SPS 158 TBT 14 TBT 53 Textiles Monitoring Body DSU 133 TRIMs 8 TRIMs 23 TRIPS 64 136, TRIPS 138 VAL 19 VAL 24 Consolidated Tariff Schedules (CTS) Database WTO 111, GATT 74-7 Integrated Data Base (IDB) WTO 111, GATT 72-3 tariff quotas: see also MFN treatment (GATT I:1), “advantage”, allocation of tariff quotas applicability of GATT XIII:2(a) GATT 438, 452 tariff measures distinguished GATT 452 n. 664 tariff reduction negotiations (GATT XXVIII bis and Ad Article), See market access for non-agricultural products (Doha Declaration, para. 16) tax discrimination: see national treatment, tax discrimination (GATT III:2) as circumvention of export subsidy commitments (SCM 1) “categories of revenue” subject to or exempt from, right to determine SCM 20-2 extraterritorial income SCM 26 technical assistance (July package (para. 1(d))) technical assistance (SPS 9), Equivalence Decision and SPS 89 technical assistance (TBT 11), exchange of information, TBT Committee parameters TBT 50 Technical Barriers to Trade Agreement (TBT): see also “international standards … as a basis for technical regulation” (TBT 2.4); notification procedures (TBT 2.9); technical assistance (TBT 11); Technical Barriers to Trade Committee; technical regulations, standards and conformity assessment procedures, information about (TBT 10) Code of Good Practice (Annex 3), notification procedure (para. j) TBT 67 consultation and dispute settlement (TBT 14), table of disputes TBT 53 Decision on Implementation-Related Issues and Concerns (para. 5) and definitions (Annex 1) TBT 58-65 GATT III:4 and GATT 302 publication of regulations/entry into force (TBT 2.12), “reasonable interval” TBT 37 “reasonable interval” (TBT 2.12), Decision on Implementation-Related Issues and Concerns (para. 5.2) review of implementation annual reviews TBT 56 contents of Members’ statements (TBT 15.2) TBT 55 Triennial Reviews of Operation and Implementation (TBT 15.4) TBT 57 “standards” (Annex 1.2), applicability in case of departure from ISO/IEC Guide (TBT 2.4) TBT 63 standards, preparation, adoption and application of (TBT 4 and Annex 3 (Code)): see also “international standards … as a basis for technical regulation” (TBT 2.4) consensus, relevance (Annex 1.2 and Explanatory note) TBT 63 dissemination of information relating to TBT 39 principles governing TBT 38 termination of Tokyo Round Agreement TBT 1 Technical Barriers to Trade Committee establishment WTO 72 meetings of persons responsible for information exchange (TBT 10) TBT 44 observer status, guidelines TBT 52 principles governing development of international standards (TBT 5.5 and 5.6) TBT 42 recommendations and decisions relating to notification procedures (TBT 2.9) TBT 26-36 notification procedures (TBT, Annex 3, para. j) TBT 67 review of implementation (TBT 15.2) TBT 55 rules of procedure (1995) WTO 73, TBT 51 TBT Agreement, review of implementation annual reviews (TBT 15.3) TBT 56 Triennial Reviews of Operation and Implementation (TBT 15.4) TBT 57 Technical Working Group TBT 41 technical cooperation and capacity building (Doha Declaration) Global Trust Fund WTO 151 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 90: see also least-developed country Members, Integrated Framework for Trade-Related Technical Assistance to least-developed country Members (IF) priorities, accession to membership WTO Guidelines (1996) WTO 87 technical cooperation (TRIPS 67), WIPO-WTO Agreement TRIPS 150 “technical regulation” (TBT, Annex 1.1) TBT 2, 58-62 identifiability requirement TBT 58-62 express identification, relevance TBT 61 naming and labelling distinguished TBT 62 technical regulations, standards and conformity assessment procedures, information about (TBT 10) TBT 44-9 enquiry points (TBT 10.1 and 10.3) TBT 45-6 notification format for agreements with another country (TBT 10.7) TBT 49 technical regulations and standards (TBT Agreement), conformity assessment: see also “international standards … as a basis for technical regulation” (TBT 2.4) Technical Working Group and TBT 41 telecommunications: see also International Telecommunications Union (ITU); Technical Barriers to Trade Agreement (TBT), standards, preparation, adoption and application of (TBT 4 and Annex 3 (Code)) 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 MFN treatment (GATS II), exemption GATS 33 Negotiating Group on Basic Telecommunications, establishment GATS 115, 138 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 “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, DSU 915 “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 “competitive safeguards” (Section 1.1), “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 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 text GATS 79 use of GATS 79 termination: see investigation of dumping (AD 5)/subsidy (SCM 11), termination (SCM 11.9); notice of appeal, requirements (ABWP 20(2)), withdrawal of appeal (ABWP 30) termination of treaty for breach (VCLT 60), rights created prior to, effect on (VCLT 70) DSU 643, 703 terms of reference (Committees and Working Groups): see individual Committees and Working Groups terms of reference of panels (DSU 7): see also 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/powers of review (panel) (AD 17.6); standard/powers of review (panel) (DSU 11) as definition of jurisdiction/legal claims at issue SPS 175, DSU 245-6 failure to make specific mention of alleged inconsistency (DSU 23.2(a)) DSU 286 legal claim included in terms of reference, limitation of jurisdiction to DSU 280-1, 287 failure of parties to produce evidence or arguments AG 18 “matter referred to the DSB”, as identified in DSU 6.2 (DSU 7.1) AD 613, 659, DSU 251-88 request for establishment of panel as basis AD 617, DSU 156 special terms of reference (DSU 7.3) DSU 215-22, 291 unilateral amendment, exclusion DSU 260 developing country Members and (TBT 2, 5 and Annex 3 (international standards, guidelines and recommendations) TBT 42 Textiles and Clothing Agreement (ATC): see also quantitative restrictions (ATC 3); transitional safeguards (ATC 6) circumvention of quotas (ATC 5) ATC 30-8 “appropriate action, to the extent necessary … “ (ATC 5.4) ATC 30, 31 “other remedies in consultation” ATC 32-5 Decision on Implementation-Related Concerns and Issues (Doha) (para. 4.1) false declaration (ATC 5.6) ATC 37 introduction of new restraints, admissibility ATC 37 cotton-producing exporting members (ATC 1.4) ATC 4 least-developed country Members and (ATC 1, footnote 1) ATC 3 object and purpose, full integration of textiles into GATT ATC 34 Textiles Monitoring Body (TMB) administration of restrictions (ATC 4) ATC 29 composition (ATC 8.1) DSU 122 ad personam status of members DSU 123-4 integration process (ATC 2) and ATC 6-21, 134 members, independence of governments ATC 124 notification requirements (ATC 6) ATC 340 provisional application of restraint measures authorized under ATC 10 (ATC 11) and ATC 107 recommendations inability to conform, reasons (ATC 8.10) ATC 131-2 legal status (ATC 8.9) ATC 130 Report to Council for Trade in Goods on implementation of ATC provisions in favour of the least-developed countries ATC 3 review of integration process (ATC 8.11), reports to Council for Trade in Goods ATC 134 review proceedings consultations (DSU 4) and DSU 146 information made available at time of request for consultations (ATC 6.7), limitation to ATC 45, DSU 121 inadequacy of information ATC 68-72, 94-8 right to request establishment of panel (DSU 4) following completion (ATC 8.10) DSU 121, 146 statements made during, admissibility in panel proceedings (DSU 11) ATC 41-2, DSU 388 table of disputes DSU 133 role (ATC 8) dispute settlement panels distinguished ATC 120, DSU 390 fact-finding DSU 121 objective assessment of compliance with ATC 6 requirements DSU 121, 389 Singapore Declaration ATC 119 standard/powers of review (ATC 8.3) ATC 129 administrative arrangements, agreement on (ATC 2.17) ATC 21 conformity with ATC provisions, need for (ATC 2.4) ATC 6, 9 consultations (ATC 6.7) ATC 94-8 “ex-positions” (ATC 2.6) ATC 10-13 growth-on-growth provisions (ATC 2.13 and 2.14) improvements in access (ATC 2.18) ATC 23 inability to conform with TMB recommendations, reasons (ATC 8.10) ATC 131-2 late notifications (ATC 2.7(b)) ATC 14 notifications (ATC 2.8(a) and 2.11) ATC 15 provisional application of restraint measures authorized under ATC 10 (ATC 11) ATC 106, 107, 108-12 restrictions other than those covered by the MFA (ATC 3) ATC 25-8 review proceedings ATC 45 transitional safeguards (ATC 6.2), requirements ATC 48-9, 51, 52-3, 58, 68-72, 75 transparency, need for ATC 119 Working Procedures (ATC 8.2) Rules of Conduct, adoption ATC 127 Thailand — H-Beams (AB), WT/DS122/AB/R, DSR 2001:VII amicus curiae briefs, containing another party’s confidential information DSU 491, 970, 1051 Appellate Body (AB) (DSU 17), reports, extension of deadline for circulation (DSU 17.5) DSU 445 burden of proof, prima facie case, need for, explicit finding, relevance DSU 996 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) evidence of breach DSU 491 obligation to respect/ensure respect for DSU 491 determination of injury (AD 3) “positive evidence” / “objective examination” requirement (AD 3.1) AD 17.6 (standard of review) distinguished AD 113 confidential evidence, admissibility AD 111-14 “objective examination”, industry as a whole, need to examine AD 113 undisclosed evidence AD 111-12, 632-3 substantive obligations as focus of AD 3, underlying principles (AD 3.1) and AD 100, 107 threat of material injury (AD 3.7), establishment “based on facts, not merely allegation, conjecture or remote possibility” AD 112 due process (dispute settlement proceedings) clear presentation of the problem (DSU 6.2) and DSU 231-2 prejudice to party, relevance DSU 232 evidentiary rules (investigation of dumping) (AD 6), full opportunity for defence of interests, right to (AD 6.2) AD 112 good faith (including pacta sunt servanda principle (VCLT 26)) dispute settlement procedures, engagement in (DSU 3.10) DSU 106, 982 clarity of claims, need for DSU 982 interpretation of covered agreements ordinary meaning “establishment” AD 632 “proper” AD 632 “unbiased and objective” AD 635 investigation of dumping (AD 5)/subsidy (SCM 11) evidence, sufficiency (AD 5.2) AD 112 evidence, sufficiency, investigating authority’s obligation to examine accuracy and adequacy (AD 5.3) AD 112 preliminary rulings on amicus curiae briefs DSU 970, 1051 specificity of request for panel (DSU 6.2) DSU 943 timing of objections DSU 982, 985 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 “all relevant information on the matters of fact and law and reasons” for measures (AD 12.2.2) AD 112 relationships within and between agreements, AD 3.1/AD 3.7 AD 112 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue, specificity, preliminary ruling on DSU 943 “present the problem clearly”, due process considerations DSU 231-2 standard/powers of review (panel) (AD 17.6) assessment of the facts (AD 17.6(i)) AD 3.1 (determination of injury) distinguished AD 113 “unbiased and objective” AD 635 “facts made available” (AD 17.5(ii)), disclosure/discernibility to interested parties by time of final determination, relevance AD 114, 623, 632-3, 635 investigating authorities’ establishment of the facts (AD 17.6(i)), “proper” AD 632 Working Procedures (appellate review (DSU 17.9 and ABWP)), fair, prompt and effective resolution of disputes as object and purpose DSU 982 Thailand — H-Beams (Panel), WT/DS122/R, DSR 2001:VII Anti-Dumping Agreement (AD), preparatory work (VCLT 32), AD 3.4 AD 150 calculation of administrative, selling and general costs and profits (AD 2.2.2), “same general category of products” AD 39-40 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 40 reasonability test, relevance AD 48-9 “same general category of products” (AD 2.2.2(1)) AD 39-41 AD 2.2.2 and AD 40 AD 3.6 and AD 41 determination of injury (AD 3) country by country analysis (AD 3.2) “consider … a significant increase in dumped imports” “consider” AD 130 “significant”, designation as, relevance AD 130 frequency of analysis AD 128 methods, Members’ freedom of choice AD 126 evaluation of injury factors (AD 3.4) all relevant economic factors and indices, need to examine checklist approach AD 165 n. 221 grammatical structure, relevance AD 151 “including” AD 150 “or” AD 151 “evaluation” AD 157 examination of other known factors (AD 3.5) illustrative nature of list AD 180 “known” to investigating authority AD 177 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 150 n. 193 guidelines narrow/broad interpretation AD 40 text/plain language (VCLT 31(2)) AD 48 means, dictionaries AD 130, 274 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 240 “simple assertion, unsubstantiated by relevant evidence”, raw numerical detail AD 241 notification to government of exporting Member (AD 5.5) content AD 275 form of notification AD 274 public notice and explanation of determinations (AD 12) distinguished AD 304 public notice and explanation of determinations (AD 12), notification to government of exporting Member (AD 5.5) distinguished AD 304 relationships within and between agreements AD 2.2.2 as a whole AD 40 AD 2.2.2(i)/AD 3.6 AD 41 AD 3.1/AD 3.7 AD 112 AD 3.1/AD 6 AD 112 AD 5.5/AD 12 AD 304 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue, establishment of prima facie case distinguished DSU 238 legal basis of claim, arguments distinguished DSU 238 standard/powers of review (panel) (AD 17.6), “facts made available” (AD 17.5(ii)), evidence before authority at time of determination, limitation to AD 631 transparency, written record/notification and AD 274 third party rights: see also amicus curiae briefs AB proceedings (ABWP 24) “passive” participation DSU 871-2 time limits for filing of submissions (ABWP 26) DSU 846, 874-6 arbitration (DSU 22.6) DSU 695-7 authority of Panel to direct third-party participation DSU 323, 1042 confidentiality (DSU 4.6) and DSU 139 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3), joint representation DSU 494-5, 1027-9 consultations (DSU 4.11) DSU 158, 319 “essential party” concept DSU 324-5 panel proceedings (DSU 10 and Appendix 3) claims, resurrection of abandoned AD 619, DSU 285 enhancement in accordance with due process agreement between the parties, relevance DSU 312, 316 extension to all parties DSU 318 opportunity to be heard at second substantive meeting DSU 313 panel’s discretion and DSU 307, 312, 317 participation in interim review process (DSU 15), exclusion DSU 314 presence at second substantive meeting DSU 307, 313 submission of additional written material, exclusion DSU 313 GATT practice DSU 312 multiple complainants (DSU 9) and DSU 304-30 opportunity to be heard (DSU 10.2) DSU 312, 402 “present their views” (Appendix 3, para. 6) DSU 313 right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 617, 961-4 as sole basis of rights DSU 310-11 “substantial interest”, need for (DSU 10.2) DSU 158, 319 written submissions (DSU 10.2) DSU 312 preliminary proceedings, participation in DSU 826, 935 review of implementation of DSB rulings (DSU 21) DSU 617-20 threat of injury: see determination of injury (AD 3); safeguard measures (SG/GATT XIX), conditions (SG 2); 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; evidentiary rules (investigation of dumping) (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); Working Procedures (appellate review (DSU 17.9 and ABWP)); Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)), timetable for panel process, establishment (DSU 12.3) time-periods, calculation (DSU 2) DSU 14 TMB: see Textiles Monitoring Body (TMB) Tokyo Round Anti-Dumping Code AD 376 developing country Members (Art. 13) AD 577 n. 718 legislation as such, right to challenge (WTO XVI:4) AD 599 Tokyo Round Customs Valuation Committee: see Customs Valuation Committee, adoption of Tokyo Round Committee decisions TPRM: see Trade Policy Review Mechanism (TPRM) trade and competition policy, interaction between (Doha Declaration, paras. 23-5) core principles (para. 25) non-discrimination and procedural fairness voluntary cooperation modalities developing and least-developed country Members, respect for needs of (para. 25) developmental needs including technical assistance and capacity building market definitions, distinguishability GATT 121 relevant factors cooperation with other international organizations (para. 24) development of multilateral cooperation (para. 24) Trade and Competition Policy, Working Group on Interaction between establishment (Singapore Ministerial Conference) WTO 35, 45 Trade, Debt and Finance, Working Group on (Doha Declaration, para. 36) establishment WTO 45 Trade and Development Committee annual reports WTO 83 establishment 1, 79, WTO 78 observer status WTO 82 rules of procedure (1995) WTO 54, 81 Special Session (Doha Round) establishment WTO 127 special and differential treatment, review: see special and differential treatment for developing country Members (Doha Declaration) Trade and Environment, Committee on priorities (Doha Declaration, para. 32) rules of procedure WTO 114 terms of reference WTO 112 work programme WTO 113 trade and environment (Doha Declaration, paras. 31-3) negotiations on relationship between WTO rules and MEAs (Doha Declaration) report on, Ministerial request to Trade and Environment, Committee on WTO 113 Special Session of the Trade and Environment, Committee on, responsibility for negotiations WTO 127 priorities (para. 32) clarification of WTO rules, need for market access, effect of environmental measures on relevant factors (para. 32) compatibility with open and non-discriminatory nature of multilateral trading system developmental needs including technical assistance and capacity building (para. 33) rights and obligations under existing WTO agreements avoidance of addition to or diminishment of maintenance of balance between Special Session of the Trade and Environment, Committee on, establishment WTO 127 SPS Agreement and GATT 576 trade facilitation (Doha Declaration, para. 27) developmental needs including technical assistance and capacity building, respect for expedition of movement, release and clearance of goods, need for July package (para. 1(g) and Annex D) trade facilitation (Singapore Ministerial Conference), working group, establishment WTO 35 trade and investment, relationship between (Doha Declaration, paras. 20-2) negotiating mandate, need for consensus (para. 20) relevant factors balance of interests of countries of origin and host countries (para. 22) bilateral and regional investment arrangements (para. 22) cooperation with other international organizations (para. 20) developing and least-developed country Members special development, trade and financial needs (para. 22) support and technical cooperation (para. 22) host governments’ development policies and objectives (para. 22) Trade and Investment, Working Group on Relationship between establishment (Singapore Ministerial Conference) WTO 35, 45 mandate/priorities (Doha Declaration, paras. 20-2) technical assistance and capacity building (para. 20-1) trade names, obligation to protect (TRIPS) TRIPS 5, 12 trade names (Paris Convention (1967) (PC 8)) applicability of trademark findings TRIPS 24 incorporation in TRIPS Agreement TRIPS 5, 12, DSU 58 ownership issues and TRIPS 13 Trade Negotiations Committee (TNC) WTO 126-7 appointment of Director-General as chair WTO 126 establishment WTO 126 mandate establishment of appropriate negotiating mechanism WTO 126 responsibility for overall conduct of Doha round negotiations WTO 126 supervision of progress of negotiations WTO 126 Trade Policy Review Body (TPRB) functions, country reviews (TPRM C) WTO 58 reports (TPRM C) TPRM 9 rules of procedure (1995) WTO 60 Trade Policy Review Mechanism (TPRM) mission (TPRM A) TPRM 1 GATT practice TPRM 2 reporting obligation (developments in international trading environment (TPRM G)) TPRM 31 reporting obligations (Members) (TPRM D), government reports TPRM 23-8 review of operation (TPRM F) TPRM 29-30 review procedures (TPRM C) WTO 59 documentation (TRPM C(v)) circulation of reports TPRM 21 general considerations TPRM 18 Secretariat reports TPRM 20 timing of submission TPRM 26-8 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 59, TPRM 8 transparency (TPRM B) TPRM 3-4 trademarks (Paris Convention (1967) (PC)) 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 denial of protection on “other grounds” (TRIPS 15.2) TRIPS 77 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 76-7 “distinctiveness” requirements, restrictions on legislative conditions and TRIPS 76 rights conferred (TRIPS 16) “the owner” (TRIPS 16.1) TRIPS 79 usage and registration as basis of ownership distinguished TRIPS 79-80 transfer of technology, measures to encourage (Doha Declaration, para. 37) Working Group on Trade and the Transfer of Technology, establishment WTO 45 transitional safeguards (ATC 6) ATC 34 attribution of damage from “sharp and substantial increase in imports” (ATC 6.4) ATC 39, 50, 80-3 comparative analysis ATC 85-90 “factors” ATC 89 “from Member or Members individually” ATC 82, 84 proportionality and ATC 89 “sharp and substantial increase in imports” ATC 83 as balance of rights and obligations ATC 46, 100 burden of proof ATC 46 “more favourable treatment” for re-imports (ATC 6 6(d)) “in the application of” (ATC 6, chapeau) ATC 92 options for ATC 93 notification, need for ATC 340 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 106 “highly unusual and critical circumstances” ATC 108-12 evidence of ATC 112 inappropriate recourse to, effect on transitional safeguard measures ATC 110-11 notification requirements (ATC 6) and ATC 107 procedural and substantive elements distinguished ATC 109 retroactivity (ATC 6.10) and ATC 104 relevant factors (ATC 6.3), obligation to examine all AG 142-3 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 product being imported“ ATC 51 “directly competitive” GATT III:2, applicability: see also directly competitive or substitutable products (GATT III:2), 62 proximity of relationship, relevance ATC 63 “domestic industry producing like and/or directly competitive products” “and/or” ATC 67 captive production ATC 66 “domestic industry”, absence of ATC definition ATC 68 “producing” ATC 60 product-oriented definition ATC 59 due diligence, available evidence, limitation to ATC 44, DSU 374 “in such increased quantities” ATC 52-3 investigation period length ATC 57 recent damage, need for ATC 58, 75 “not by other factors” ATC 74 notification to TMB ATC 340 “or actual threat thereof” ATC 54-5 “serious damage“, change of equipment, whether ATC 56 serious damage or actual threat thereof (ATC 6.2) ATC 39 specific factual information ATC 48-9 translation, technical regulations, documentation relating to TBT 31 transparency (AD 3 and 5): see also evidentiary rules (investigation of dumping) (AD 6), confidential information (AD 6.5); public notice and explanation of determinations (AD 12) written record/notification and (AD Agreement) AD 166-7, 274 accountancy services and GATS 35 electronic commerce and GATS 34 notification of enquiry/contact points (GATS III:4/GATS IV:2) GATS 37, 39-40 notification formats GATS 36 transparency (government procurement): see government procurement, transparency (Doha Declaration, para. 26) transparency and predictability requirement (LIC Preamble) LIC 1, 16 frequent changes to rules and LIC 16 non-automatic import licensing (LIC 3) and LIC 24 transparency of SPS regulations (SPS 7 and Annex B) enquiry points (Annex B, para. 3), obligation to identify appropriate level of protection, whether SPS 227 notification procedures changes requiring notification SPS 229 recommended procedures SPS 177-9 publication of measures such as laws, decrees or ordinances which are generally applicable (para. 1, footnote 5) SPS 225 “reasonable interval” (Annex B, para. 2), Decision on Implementation-Related Issues and Concerns (para. 3.2), SPS 226 “significant effect on trade of other Members” (Annex B), notification requirements SPS 180, 229 n. 304 special and differential treatment (SPS 10) SPS 184 transparency (TPRM B) TPRM 3-4 transparency (TRIMs 6), publications in which TRIMs may be found (TRIMs 6(2)) TRIMs 16 TMB ATC 119 WTO rules (Doha Declaration, paras. 28-9) treaty interpretation: see interpretation of covered agreements, guidelines treaty succession (VCLT 30), TRIPS/Berne Convention TRIPS 39 TRIMs Agreement: see also developing country Members (TRIMs); Illustrative List (TRIMs 2.2); “investment measures” (TRIMs 1); notification obligations and procedures (TRIMs 2.1); transparency (TRIMs 6) consultation and dispute settlement (TRIMs 8), table of disputes TRIMs 23 Decision on Implementation-Related Issues and Concerns and (para. 6) as integral part of WTO Agreement TRIMs 28-9 quantitative measures (GATT XI and) GATT 296 n. 452, TRIMs 35-6 review of operation (TRIMs 9) TRIMs 24 TRIMs Committee WTO 72 annual reports TRIMs 15 observers TRIMs 16 role (TRIMs 7.2) implementation issues relating to special and differential treatment for developing country Members TRIMs 21-2 notifications (TRIMs 5.1 and 5.2) TRIMs 8-9, 20 rules of procedure WTO 73, TRIMs 17 TRIPS Agreement: see also Council for TRIPS; developing country Members (TRIPS); dispute settlement (TRIPS 64); fair and equitable procedures (TRIPS 42); intellectual property rights (TRIPS); least-developed country Members (TRIPS 66); MFN treatment (TRIPS 4); national treatment (TRIPS 3); notification obligations and procedures (TRIPS); patents (TRIPS, Section 5); technical cooperation (TRIPS 67); wines and spirits, additional protection for geographical indications (TRIPS 23) Berne Convention and (TRIPS 9): see also copyright protection (Berne Convention (1971)) conflict, avoidance TRIPS 41 incorporation, effect TRIPS 38-9, 111 minor exceptions doctrine TRIPS 52, 60-1 renewability, harmonization of provisions TRIPS 55 treaty succession (VCLT 30) and TRIPS 39 Decision on Implementation-Related Issues and Concerns (para. 11) environmental measures and (Doha Declaration, para. 32) exceptions: see intellectual property rights (TRIPS), limitations and exceptions (TRIPS 13); patents (TRIPS, Section 5), exceptions (TRIPS 30) international negotiations: exceptions (TRIPS 24), Checklist of Questions TRIPS 87 interpretation flexibility WTO 162 object and purpose (TRIPS Preamble and 7) TRIPS 158 object and purpose, effective and adequate protection of intellectual property rights TRIPS 1 obligations (TRIPS 1), implementation, freedom to choose reservations (TRIPS 72) WTO 235 retroactivity (TRIPS 70.1) TRIPS 155, DSU 67 review of implementation (TRIPS 71.1) protection of biodiversity and (Doha Declaration, para. 19) and UN Convention on Biodiversity and (Doha Declaration, para. 19) transitional arrangements (TRIPS 65) developing country Members and TRIPS 96, 141-2, 144 “lesser degree of consistency” (TRIPS 65.5) TRIPS 143 procedural nature TRIPS 140, 142 WIPO Copyright Treaty (1996) and TRIPS 42 TRIPS Agreement and Public Health, Declaration on (2000) adoption (Doha Declaration, para. 17) WTO 38, 46 flexibility in interpretation of TRIPS WTO 162 Turkey, preferential tariff treatment for least-developed country Members, notification GATT 60 Turkey — Textiles (AB), WT/DS34/AB/R, DSR 1999:VI burden of proof, defences and exceptions, GATT XXIV (regional trade agreements) GATT 713 customs unions (GATT XXIV:5(a)) chapeau, relationship with GATT 687-9, 691 as defence or exception burden of proof GATT 713 on formation of customs union, limitation to GATT 687-9 “would be prevented unless” requirement GATT 709, AG 63 GATT XI, GATT XIII and ATC 2.4 GATT 720, 725 requirements GATT 719 definition (GATT XXIV:8(a)) internal trade arrangements (GATT XXIV:8(a)(i)) GATT 708-10 jurisdiction (panel) to determine compatibility with GATT XXIV requirements GATT 717 trade with third countries (“substantially the same”) (GATT XXIV:8(a)(ii)) GATT 712-13 GATT 1994 Understanding on Article XXIV GATT 692-5 object and purpose (GATT XXIV:4) GATT 625, 684 “regulations of commerce”, GATT 1994 Understanding on Article XXIV GATT 693 dispute settlement (GATT XXIV, Understanding, para. 12) GATT 717-18 interpretation of covered agreements, specific terms and phrases, “regulations of commerce” (GATT XXIV:5) GATT 693 quantitative restrictions, elimination (GATT XI), regional trade agreements (GATT XI) as defence/exception GATT 687-9, 709 regional trade agreements (GATT XXIV:5), dispute settlement (Understanding, para. 12) GATT 717-18 relationships within and between agreements GATT XXIV:5(a)/GATT XI, GATT XIII and ATC 2.4 GATT 275, 720 GATT XXIV as a whole GATT 684 Turkey — Textiles (Panel), WT/DS34/R, DSR 1999:VI access to dispute settlement process, limitation to WTO Members DSU 1042 burden of proof affirmative defence DSU 989 onus probandi actori incumbit DSU 989 consultations (DSU 4), adequacy of consultations, Panel responsibilities in relation to DSU 121 customs unions (GATT XXIV:5(a)) consistency with GATT and WTO WTO 8 as defence or exception GATT 687 on formation of customs union, limitation to, extension of WTO right prior to formation to other constituent members GATT 710 GATT XI GATT XIII and ATC 2 4 GATT 720 725 GATT 1994 Understanding on Article XXIV WTO 8 legislation as such, right to challenge (WTO XVI:4) DSU 171, 1042 as proper party in dispute settlement proceedings DSU 1042 due process (dispute settlement proceedings), opportunity to defend oneself DSU 274 legislation as such, right to challenge (WTO XVI:4), legislation adopted by customs union DSU 171, 1042 notification obligations and procedures (ATC 2.1), 60 day period, mandatory nature ATC 7 nullification or impairment (DSU 3.8) adverse impact/prejudice, relevance DSU 96 presumption in case of inconsistency with covered agreement DSU 96 proper parties DSU 1042 quantitative restrictions (ATC 2) (integration process), conformity with ATC provisions, need for (ATC 2.4), “new” restriction ATC 8 quantitative restrictions, elimination (GATT XI), GATT preference for tariffs and GATT 395 regional trade agreements (GATT XXIV:5) examination (GATT XXIV:7 and Understanding, para. 7), absence of recommendation, effect GATT 706 WTO Preamble and WTO 8 relationships within and between agreements, GATT XXIV:5(a)/GATT XI, GATT XIII and ATC 2.4 GATT 720, 725 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, specificity sufficient to present the problem clearly DSU 274 State responsibility for breach of international obligations, for acts or omissions of, common organ, responsibility of individual States for DSU 68-9, 171 third party rights authority of Panel to direct third-party participation DSU 323, 1042 “essential party” concept DSU 324-5
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