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SUBJECT INDEX

W

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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.

waivers, Lomé waiver: see Lomé waiver

waivers (International Dairy Agreement) WTO 167

waivers under Plurilateral Agreements (WTO IX:5) WTO 167

waivers (WTO IX:3) WTO 163–6

Decision-Making Procedures Under Articles IX and XII of the WTO Agreement, Council decision (1995) WTO 163

GATT I/GATT XIII waivers, relationship GATT 444

GATT II (Schedules of Concessions) GATT 113

GATT practice WTO 165

Lomé waiver: see Lomé waiver

Table of waivers WTO 166

West African Economic and Monetary Union (WAEMU) Treaty, Enabling Clause and GATT 33

wines and spirits, additional protection for geographical indications (TRIPS 23)

Doha Declaration (para. 18)

July package (para. 1(d))

information relating to products other than wines and spirits (TRIPS 23.4) TRIPS 86

multilateral system of notification and registration (Doha Declaration, para. 18)

negotiating responsibility WTO 127

“withdrawal of subsidy without delay” (SCM 4.7)

agricultural subsidies, applicability to SCM 113, 128

continuation of payments SCM 159–60, 188

partial repayment, sufficiency SCM 164

repayment of past subsidy/retroactive effect SCM 161–3, 219

“bring into conformity” (DSU 19) distinguished SCM 170, DSU 9

special or additional rules and procedures (DSU 1.2 and Appendix 2), relevance DSU 9

time limits, DSU 21.3 provisions, relevance DSU 569

withdrawal of subsidy as SCM 7.8 remedy compared SCM 169, 181

“without delay” SCM 165–8

DSU 21.3 and SCM 165, 171

obligation of panel to specify time-period SCM 168

private contractual arrangements, relevance SCM 167, 188

as specifically prescribed time-period (SCM 4.12) SPS 163

withholding or withdrawal of concessions (GATT XXVII), GATT practice GATT 730

working groups and parties: see accession (WTO XII), working parties on; Border Tax Adjustment, Working Party on; government procurement, transparency (Doha Declaration, para. 26), Working Group on Transparency in Government Procurement (Doha Declaration); least-developed country Members, Integrated Framework Working Group; Notification Obligations and Procedures, Working Group on; PSI Working Party; regional trade agreements (GATT XXIV:5), working parties in relation to; Singapore Ministerial Conference/Declaration (1996), working groups established by (“Singapore issues”); State Trading Enterprises, Working Party on; Technical Barriers to Trade Committee, Technical Working Group; Trade and Competition Policy, Working Group on Interaction between; Trade, Debt and Finance, Working Group on (Doha Declaration, para. 36); Trade and Investment, Working Group on Relationship between; transfer of technology, measures to encourage (Doha Declaration)

Working Party on Domestic Regulation (WPDR)

annual reports GATS 135

establishment WTO 76, GATS 134

responsibilities GATS 134

as successor to Working Party on Professional Services GATS 134

Working Party on GATS Rules

Checklist of Issues GATS 67

emergency safeguard measures (GATS X) GATS 59

establishment WTO 76, GATS 136

government procurement (GATS XIII) GATS 62

guidelines for work programmes GATS 60

subsidies (GATS XV) GATS 66

Working Party on Professional Services

annual reports GATS 133

establishment WTO 76, GATS 132

replacement by Working Party on Domestic Regulation (WPDR) GATS 134

Working Party on Subsidy Notifications SCM 327

Working Procedures (appellate review (DSU 17.9 and ABWP)): see also Appellate Body (AB) (DSU 17)

additional procedures (ABWP 16(1)) DSU 979, 1048, 1050

adoption, AB authority DSU 486, 836, 979

amendments DSU 835

“appropriate procedure for the purpose of that appeal only” (ABWP 16(1)) DSU 845–50

composition of delegation: see composition of delegation (appellate review)

consolidated text (2005) DSU 835

disregard, AB authority to DSU 837

fair, prompt and effective resolution of disputes as object and purpose SCM 147, DSU 107, 235, 838, 889–91, 982

change of composition of Appellate Body and DSU 849

multiple appeals (ABWP 23): see multiple appeals (ABWP 23)

notice of appeal: see notice of appeal, requirements (ABWP 20(2))

oral hearings (ABWP 27)

change of date DSU 853–4

joint DSU 879

timetable (ABWP 26), modification in exceptional circumstances (ABWP 16(2)) DSU 846, 851–4, 873–5

written responses (ABWP 28) DSU 880–7

Working Procedures (Article 22.6 arbitrations): see arbitration (DSU 22.6), working procedures

Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP))

access to dispute settlement process (DSU 12.6) DSU 402, 1041–2

additional procedures (WP 11) DSU 820–34

applicable law

agreement of parties to alternative procedure DSU 367

panel’s right to determine DSU 367

composition of delegation: see composition of delegation (panel)

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

departure from after consultation with/agreement of parties (DSU 12.1) DSU 313

evidence: see evidence (panel procedures) (DSU 12)

executive summaries: see executive summaries

high quality reports/avoidance of delay, flexibility in achieving balance (DSU 12.2) DSU 401, 928

objections, requirements, good faith DSU 938

panel proceedings as two-stage process DSU 367

panel’s margin of discretion DSU 307, 367, 814–17

limitations DSU 281, 816

“rebuttal submissions”, amendment to “rebuttals” DSU 373, 957, 977

separate opinion (DSU 14.3) GATT 109

submission, right of (DSU 12.6 and WP 4) DSU 402, 1041

order of submission (DSU 12.6 and WP 12), arbitration (DSU 21.5), applicability to DSU 404, 616

text DSU 1320–1

time limits for filing of written submissions (DSU 12.5 and WP), modification by agreement DSU 834

timetable for panel process, establishment (DSU 12.3)

flexibility DSU 830

inability to meet (DSU 12.9) DSU 412

normal duration (DSU 12.8) DSU 411

World Bank/WTO relationship: see also exchange arrangements (IMF cooperation) (GATT XV); International Monetary Fund (IMF)/WTO relationship (WTO III:5)

Agreement (1997) WTO 22, 24, 134

annual reports WTO 32

observer status WTO 25

World Customs Organization (WCO), decisions as aid to interpretation of Schedules of Tariff Concessions GATT 93

World Intellectual Property Organization (WIPO): see also copyright protection (WIPO Copyright Treaty (1996))

rationalization of notifications to WTO 67

WTO, cooperation agreement with TRIPS 9–10, 150, 151

World Tourism Organization, agreement with WTO on means to avoid confusion WTO 11

writing, need for: see transparency (AD 3 and 5), written record/notification and (AD AGreement)

WTO

accessions: see accession (WTO XII)

amendments (WTO X)

Annex 1 Agreements (WTO X:1) WTO 168

Annex 2 and 3 Agreements, Members’ proposals (WTO X:8) WTO 169–73

Plurilateral Agreements (WTO X:10) WTO 176–7

additions (WTO X:9) WTO 174

deletions (WTO X:9) WTO 175

Assets, Liabilities, Records, Staff and Functions from GATT to the WTO, Agreement on (1994) WTO 157

cooperation with other governmental organizations (WTO V:1) WTO 134

Decision on Implementation-Related Issues and Concerns (para. 14)

GATS XXVI WTO 137, GATS 143–4

ITU WTO 134, GATS 143

Office International des Epizooties (OIE) WTO 134, SPS 90–1

TRIPS 68 WTO 137

UN WTO 134

WIPO: see World Intellectual Property Organization (WIPO)

World Bank: see World Bank/WTO relationship

WTO V:1 WTO 134

decision-making procedures: see decision-making procedures (WTO IX)

establishment WTO 10

functions

“decisions on all matters under any of the Multilateral Trade Agreements”

forum for negotiations: see negotiations concerning multilateral trade relations, WTO as forum for

Headquarters Agreement (WTO-Switzerland) (1995) WTO 156

IMF and: see International Monetary Fund (IMF)/WTO relationship (WTO III:5)

Infrastructure Agreement (WTO-Switzerland) (1995) WTO 156

legal status (WTO VIII:1) WTO 154

membership Section XXV

least-developed country Members (WTO X:2) WTO 185–6

original membership: see original membership below

statistics WTO 178

name, adoption WTO 10

World Tourism Organization, agreement on means to avoid confusion WTO 11

non-application of multilateral agreements between particular Members (WTO XIII), invocation and revocation (WTO XIII:1) WTO 201–3

officers, appointment, guidelines WTO 53

original membership (WTO XI:1) WTO 181–4

acceptance of WTO Agreement after entry into force WTO 303

participation in WTO Bodies of eligible signatories of Final Act WTO 206

privileges and immunities: see privileges and immunities (WTO VIII)

structure WTO 33

World Bank and: see exchange arrangements (IMF cooperation) (GATT XV); World Bank/WTO relationship

WTO Agreement

amendments, Ministerial Conference, power to adopt WTO 41

conflict between constituent covered agreements (WTO, Annex 1A): see also relationships within and between agreements; special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2)

DSU provisions AD 591–2

existence TRIMs 21–2

GATT III/SCM DSU 910

GATT 1994/LIC and TRIMs 2 TRIMs 21–2

General Interpretative Note WTO General Interpretative Note

presumption against TRIMs 37, SCM 416–17, DSU 62–3

SCM/TRIMs TRIMs 37–9, SCM 416–17

TRIPS/WTO WTO 134

cumulative nature of obligations SPS 45, SCM 409, AG 1, 6

entry into force (WTO XIV:1) WTO 207

GATT 1947, continuity with: see decisions, procedures and customary practices under GATT 1947 (WTO XVI:1)

notifications of acceptance (WTO XII:3)

after 1 January 1995 WTO 209

before 1 January 1995 WTO 208

objectives

endorsement (Doha Declaration, para. 1)

integrated multilateral trading system WTO 2, GATT 319, SCM 412–14

obligation to ensure conformity of domestic laws, regulations and administrative procedures (WTO XVI:4) WTO 228–33: see also legislation as such, right to challenge (WTO XVI:4)

characterization of transaction under municipal law, relevance DSU 364

“existing legislation” exceptions, exclusion SPS 206

non-performance of obligations under covered agreements, exclusion of municipal law as justification (VCLT 27) GATS 83–5

Preamble, legal relevance WTO 1–7

all covered agreements WTO 4

developing country Members’ concerns: see developing country Members, WTO Agreement Preamble and

GATT XX, applicability to WTO 3, 4

registration WTO 238

reservations (WTO XVI:5) WTO 234–7

as single treaty instrument WTO 12, 13

TRIPS/WTO WTO 134

withdrawal (WTO XV) WTO 214

WTO documents

circulation and derestriction, General Council decision of 18 July 1996

abrogation WTO 51

applicability to documents issued before 14 May 2002 WTO 51

transmission to bodies established under the Plurilateral Trade Agreements for consideration and action, Circulation and Derestriction of Documents of Government Procurement Committee GPA 8

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