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WTO analytical index: INTRODUCTION
Introduction

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.

> Overview of Scope and Organization
> Editorial conventions
> Marrakesh Agreement establishing the World Trade Organization
> WTO Documents
> GATT Disputes
>WTO Disputes

> Analytical Index main page

I. Overview of Scope and Organization back to top

A. Scope

1. This online update to the first edition of the WTO Analytical Index provides a guide to the interpretation and application of the Marrakesh Agreement Establishing the World Trade Organization (“WTO Agreement”), drawing on the jurisprudence of panel, Appellate Body and arbitration reports, and on decisions of WTO bodies. The material covers the period 1 January 1995 to 31 December 2002. It is expected that this material will be updated with annual supplements.

2. Although this new volume does not incorporate the material contained in the GATT Analytical Index,(1) appropriate cross-references are made to this earlier work.

B. Organization of materials

3. The material is organized into 22 chapters with a separate chapter for each of the Agreements. Within each chapter, there are sections organized on an article by article basis.

4. Each chapter is generally divided into two sections: “A. Text of Article […]” sets out the text of the particular article; and “B. Interpretation and Application of Article […]” provides excerpts, organized in chronological order, of relevant jurisprudence and decisions of WTO bodies.

5. Under Section B, excerpts are organized systematically, in chronological order, under the heading “General” and other relevant headings, frequently including words from the particular portion of the text being interpreted. Many chapters also include tables or other descriptive material.

6. This volume does not attempt to set out the drafting history of the WTO Agreement. Material on the negotiating history of the Uruguay Round and the transition from the GATT to the WTO can be found in the GATT Analytical Index, particularly in the Chapter on “Institutions and Procedure”.

II. Editorial Conventions back to top

A. Abbreviations

7. This work uses a number of abbreviations, the definitions for which can be found in the tables at the end of this introductory chapter. Abbreviations are provided for the names of the various WTO agreements and the various bodies of the WTO. Abbreviations (“short titles”) are also given for panel, Appellate Body and arbitration reports.

B. Other conventions

8. All excerpts, whether of decisions of WTO bodies or of panel, Appellate Body or arbitration reports, are introduced by short explanatory sentences, setting out the context for including the particular excerpt.

9. Excerpts from decisions of the various WTO bodies are kept to a strict minimum because the full text of the materials is available in the cited documents and may be accessed on-line through the WTO website (http://www.wto.org).

10. Citations to excerpted materials from WTO bodies are limited to the relevant document symbol and the paragraph number within that document where the cited text appears. In the case of excerpted material from panel, Appellate Body and arbitration reports, the citations are limited to the name of the adjudicating body, the short title of the case and the paragraph number where the cited text appears, e.g., “Appellate Body Report on EC – Bananas III, para. 34”. For the first six Appellate Body reports, where paragraph numbering was not used, page numbers for the cited text are used.

11. Full citations for the panel, Appellate Body and arbitration reports are provided in the introductory table at the end of this chapter. These full citations reference the WTO-approved published versions of these reports, as found in the Dispute Settlement Reports (“DSR”). Where the relevant DSR has yet to be published, the document reference from the “WT/DS” document series is used.

12. Original footnotes within excerpts are generally omitted except where expressly retained and identified as “(footnote original)”. Case names in footnotes, other than those found in original footnotes, are changed to the correct short titles as listed in the table at the end of this chapter.

13. Within quoted material, ellipses (“ … ”) are used to indicate where text within a sentence, a paragraph or larger section has been omitted. Square brackets [ ] are used to indicate editorial changes, all of which have been kept to a strict minimum.

14. Because this work is both for general distribution and for use by Members of the WTO, references are provided to some documents which are still subject to restriction. The rules on document restriction and derestriction are discussed in the Chapter on the WTO Agreement.

C. Document series, document references, and document sources

15. The various documents series, indicating the document symbols for all the various types of WTO documents, are set out at the end of this chapter.

16. This edition of the WTO Analytical Index is published in hard copy (cloth only) and will be available on CD-ROM and “online” from the WTO website (http://www.wto.org). Copies and information on these various sources for the WTO Analytical Index may be obtained through the WTO Bookshop or the WTO website or by e-mailing the Publications Office (publications@wto.org). The texts of the WTO Legal Instruments, Dispute Settlement Reports and Basic Instrument and Selected Documents series and other WTO publications may also be obtained through the Bookshop or electronically. The contact details of the WTO Bookshop are as follows: WTO, Centre William Rappard, CH-1211 Geneva 21, Switzerland. Telephone +41 22 739 53 08 or +41 22 739 51 05. Fax +41 22 739 54 58. E-mail: publications@wto.org.

17. Set out below are: (i) tables of the full titles, with the title as used in the WTO Analytical Index, of agreements and WTO bodies; (ii) the list of WTO document series; and (iii) short titles for dispute cases.

Footnotes:

1. GATT Analytical Index: Guide to GATT Law and Practice, Updated 6^th Edition (1995) (“GATT Analytical Index”). back to text
2.Where reference is made to the General Agreement on Tariffs and Trade 1947, the abbreviation GATT 1947 is used. back to text
3. There are several types of document which are identified by standard abbreviations: COM for communication, D for Dispute, INF for Information and/or List of Representatives, M for Minutes, N for Notification, Q for Questions and Replies, R for Report, W for Working Paper back to text

III. Marrakesh Agreement Establishing The World Trade Organization back to top

A. Agreements

Marrakesh Agreement Establishing the World Trade Organization	WTO Agreement
General Agreement on Tariffs and Trade 1994	GATT 1994(2)
Agreement on Agriculture	Agreement on Agriculture
Agreement on the Application of Sanitary and Phytosanitary Measures	SPS Agreement
Agreement on Textiles and Clothing	ATC
Agreement on Technical Barriers to Trade	TBT Agreement
Agreement on Trade-Related Investment Measures	TRIMs Agreement
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994	Anti-Dumping Agreement
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994	Customs Valuation Agreement
Agreement on Preshipment Inspection	PSI Agreement
Agreement on Rules of Origin	Agreement on Rules of Origin
Agreement on Import Licensing Procedures	Licensing Agreement
Agreement on Subsidies and Countervailing Measures	SCM Agreement
Agreement on Safeguards	Agreement on Safeguards
General Agreement on Trade in Services	GATS Agreement
Agreement on Trade-Related Aspects of Intellectual Property Rights	TRIPS Agreement
Understanding on Rules and Procedures Governing the Settlement of Disputes	DSU
Trade Policy Review Mechanism	TPRM
Agreement on Trade in Civil Aircraft	Aircraft Agreement
Agreement on Government Procurement	Agreement on Government Procurement
International Dairy Agreement	International Dairy Agreement
International Bovine Meat Agreement	International Bovine Meat Agreement

B. WTO Bodies

General Council – Committee on Trade and Environment	General Council – Committee on Trade and Environment
– Committee on Trade and Development = Sub-Committee on Least-Developed Countries	– Committee on Trade and Development = LDC Subcommittee
– Committee on Balance-of-Payments Restrictions	– BOPs Committee
– Committee on Budget, Finance and Administration	– BFA Committee
– Committee on Regional Trade Agreements	– RTA Committee
– Working Parties on Accession	– Working Parties on Accession
– Working Group on the Relationship between Trade and Investment	– WGTI
– Working Group on the Interaction between Trade and Competition Policy	– WGTCP
– Working Group on Transparency in Government Procurement	– WGTGP
– Working Group on Trade, Debt and Finance	– WGTDF
– Working Group on Trade and Transfer of Technology	– WGTTT
Trade Negotiations Committee	TNC
Dispute Settlement Body	DSB
Trade Policy Review Body	TPRB
Council for Trade in Goods (subsidiary body of the General Council)	Council for Trade in Goods
– Committee on Market Access	– Committee on Market Access
– Committee on Agriculture	– Committee on Agriculture
– Committee on Sanitary and Phytosanitary Measures	– SPS Committee
– Committee on Technical Barriers to Trade	– TBT Committee
– Committee on Subsidies and Countervailing Measures	– SCM Committee
– Committee on Anti-Dumping Practices	– ADP Committee
– Committee on Customs Valuation	– Committee on Customs Valuation
– Committee on Rules of Origin	– Committee on Rules of Origin
– Committee on Import Licensing	– Licensing Committee
– Committee on Trade-Related Investment Measures	– TRIMs Committee
– Committee on Safeguards	– Committee on Safeguards
– Textiles Monitoring Body	– TMB
– Working Party on State-Trading Enterprises	– Working Party on STE
– Committee of Participants on the Expansion of Trade in Information Technology Products	– Committee of Participants on the Expansion of Trade in IT Products
Council for Trade in Services (subsidiary body of the General Council)	Council for Trade in Services
– Committee on Trade in Financial Services	– Committee on Trade in Financial Services
– Committee on Specific Commitments	– CSC
– Working Party on Domestic Regulation	– WPDR
– Working Party on GATS Rules	– WP GATS Rules
Council for Trade-Related Aspects of Intellectual Property Rights (subsidiary body of the General Council)	TRIPS Council
Committee on Trade in Civil Aircraft	Aircraft Committee
Committee on Government Procurement	Committee on Government Procurement

IV. WTO Documents(3) back to top

G/ADP/	Committee on Anti-Dumping Practices
G/ADP/AHG/	Ad Hoc Group on Implementation of the Anti-Dumping Committee
G/ADP/IG/W/	Informal Group on Anti-Circumvention of the Anti-Dumping Committee
G/AG/	Committee on Agriculture
G/C/	Council for Trade in Goods
G/IT	Committee of Participants on Expansion of Trade in Information Technology Products
G/L/	General documents
G/LIC/	Committee on Import Licensing
G/MA/	Committee on Market Access
G/NOP/	Working Group on Notification Obligations and Procedures
GPA/	Committee on Government Procurement
GPA/IC/	Interim Committee on Government Procurement
G/PSI/	Preshipment Inspection
G/RO/	Committee on Rules of Origin
G/RS/	Rectifications and Modifications of Schedules Annexed to the Marrakesh Protocol
G/SCM/	Committee on Subsidies and Countervailing Measures
G/SECRET/	Schedules
G/SECRET/HS/	Harmonized System
G/SG/	Committee on Safeguards
G/SP/	Additions to Schedules Annexed to the Marrakesh Protocol to GATT 1994
G/SPS/	Committee on Sanitary and Phytosanitary Measures
G/STR/	State Trading
G/TBT/	Committee on Technical Barriers to Trade
G/TMB/	Textiles Monitoring Body
G/TRIMS/	Committee on Trade-Related Investment Measures
G/VAL/	Committee on Customs Valuation
IDA/	International Dairy Agreement
IDB/URM	Integrated Database – User Reference Manual
IMA/	International Bovine Meat Agreement
IP/C/	Council for Trade-Related Aspects of Intellectual Property Rights
IP/D/	Dispute Settlement
IP/N/	Council for Trade-Related Aspects of Intellectual Property Rights – Notification of Laws and Regulations
IP/Q/[MEMBER]/	Legislation on copyright-related matters: questions and responses
PC/	Preparatory Committee for the WTO
PC/AIR/	Airgrams
PC/BFA/	Sub-Committee on Budget, Finance and Administration
PC/IPL/	Sub-Committee on Institutional, Procedural and Legal Matters
PC/SCS/	Sub-Committee on Services
PC/SCS/SP/	Sub-Committee on Services – Additions to Schedules
PC/SCTE/	Sub-Committee on Trade and Environment
PRESS/	Press Release
S/C/	Council for Trade in Services
S/CSC/	Committee on Specific Commitments
S/ENQ/	Enquiry Point
S/FIN/	Committee on Trade in Financial Services
S/GBT/	Group on Basic Telecommunications
S/IGFS/	Interim Group on Financial Services
S/L/	Trade in Services general documents
S/NGBT/	Negotiating Group on Basic Telecommunications
S/NGMTS/	Negotiating Group on Maritime Transport Services
S/NGNP/	Negotiating Group on Movement of Natural Persons
S/P/	Provisional Schedule of Specific Commitments under the GATS
S/WPDR/	Working Party on Domestic Regulation
S/WPGR/	Working Party on GATS Rules
S/WPPS/	Working Party on Professional Services
TCA/	Committee on Trade in Civil Aircraft
UNCTAD/WTO/AIR/	Airgrams convening ITC meetings
WT/AB/WP/	Appellate Body
WT/ACC/	Accessions - Working Party
WT/BFA/	Committee on Budget, Finance and Administration
WT/BOP/	Committee on Balance-of-Payments Restrictions
WT/COMTD/	Committee on Trade and Development
WT/CTE/	Committee on Trade and Environment
WT/DAILYB[YEAR]/	Daily Bulletin
WT/DER/	Derestriction Procedures
WT/DS[NUMBER]/	Dispute Settlement
WT/DSB/	Dispute Settlement Body
WT/FIFTY/	50th Anniversary of the GATT/WTO
WT/GC/	General Council
WT/IFSC/	Integrated Framework Steering Committee
WT/INF/	Information
WT/L/	General documents
WT/LDC/HL/	Least developed Countries-High Level Meeting
WT/LET/	Letters
WT/MIN(96)/	Ministerial Conference, Singapore
WT/MIN(98)/	Ministerial Conference, Geneva
WT/MIN(99)/	Ministerial Conference, Seattle
WT/MIN(01)/	Ministerial Conference, Doha
WT/REG/	Regional Trade
WT/SPEC/	Special distribution documents
WT/ST/	Statements
WT/TC/NOTIF/	Technical Cooperation – Handbook on Notification Requirements
WT/TF/	Trade and Finance
WT/TPR/	Trade Policy Review Body
WT/WGTCP/	Working Group on the Interaction between Trade and Competition Policy
WT/WGTGP/	Working Group on Transparency in Government Procurement
WT/WGTI/	Working Group on the Relationship between Trade and Investment
WTO/AIR/	Airgrams

V. GATT Disputes back to top

Australia – Ammonium Sulphate	The Australian Subsidy on Ammonium Sulphate Working Party Report, adopted 3 April 1950, BISD II/188
Australia – Glacé Cherries	Australia – Imposition of Countervailing Duties on Imports of Glacé Cherries from France and Italy in Application of the Australian Customs Amendment Act 1991 Panel Report, 28 October 1993, unadopted, SCM/178
Belgium – Family Allowances	Belgian Family Allowances (allocations familiales) Working Party Report, adopted 7 November 1952, BISD 1S/59
Belgium – Income Tax	Income Tax Practices Maintained by Belgium Panel Report, adopted 7 December 1981, BISD 23S/127 and 28S/114
Brazil – EEC Milk	Imposition of Provisional and Definitive Countervailing Duties on Milk Powder and Certain Types of Milk from the European Economic Community Panel Report, adopted 28 April 1994, BISD 41S/II/467
Brazil – Internal Taxes	Brazilian Internal Taxes Working Party Report, adopted 30 June 1949, BISD II/181 and 186
Canada – Eggs	Canadian Import Quotas on Eggs Working Party Report, adopted 17 February 1976, BISD 23S/91
Canada – FIRA	Canada – Administration of the Foreign Investment Review Act Panel Report, adopted 7 February 1984, BISD 30S/140
Canada – Gold Coins	Canada – Measures Affecting the Sale of Gold Coins Panel Report, 17 September 1985, unadopted, L/5863
Canada – Grain Corn	Panel on Canadian Countervailing Duties on Grain Corn from the United States Panel Report, adopted 26 March 1992, BISD 39S/411.
Canada – Herring and Salmon	Canada – Measures Affecting Exports of Unprocessed Herring and Salmon Panel Report, adopted 22 March 1988, BISD 35S/98
Canada – Ice Cream and Yoghurt	Canada – Import Restrictions on Ice Cream and Yoghurt Panel Report, adopted 5 December 1989, BISD 36S/68
Canada – Lead and Zinc	Canada – Withdrawal of Tariff Concessions (Lead and Zinc) Panel Report, adopted 17 May 1978, BISD 25S/42
Canada – Manufacturing Beef CVD	Canada – Imposition of Countervailing Duties on Imports of Manufacturing Beef from the EEC Panel Report, 13 October 1987, unadopted, SCM/85
Canada – Potatoes	Exports of Potatoes to Canada Panel Report, adopted 16 November 1962, BISD 11S/55 and 88
Canada – Provincial Liquor Boards (EEC)	Canada – Import, Distribution and Sale of Alcoholic Drinks by Canadian Provincial Marketing Agencies Panel Report, adopted 22 March 1988, BISD 35S/37
Canada – Provincial Liquor Boards (US)	Canada – Import, Distribution and Sale of Certain Alcoholic Drinks by Provincial Marketing Agencies Panel Report, adopted 18 February 1992, BISD 39S/27
Cuba – Consular Taxes	The Phrase “Charges of any Kind” in Article I:1 in Relation to Consular Taxes Ruling by the Chairman, 24 August 1948, BISD II/12
Cuba – Textiles I	Report of Working Party 7 on the Cuban Schedule 13 September 1948, unadopted, GATT/CP.2/43
Cuba – Textiles II	Report of Working Party 8 on Cuban Textiles 10 August 1949, unadopted, GATT/CP.3/82
EC – Article XXVIII	Canada/European Communities – Article XXVIII Rights Award by the Arbitrator, 16 October 1990, BISD 37S/80
EC – Audio Cassettes	EC – Anti-Dumping Duties on Audio Tapes in Cassettes Originating in Japan Panel Report, 28 April 1995, unadopted, ADP/136
EC – Citrus	European Community – Tariff Treatment on Imports of Citrus Products from Certain Countries in the Mediterranean Region Panel Report, 7 February 1985, unadopted, L/5776
EC – Sugar Exports (Australia)	European Communities – Refunds on Exports of Sugar Panel Report, adopted 6 November 1979, BISD 26S/290
EC – Sugar Exports (Brazil)	European Communities – Refunds on Exports of Sugar – Complaint by Brazil Panel Report, adopted 10 November 1980, BISD 27S/69
EEC – Airbus	German Exchange Rate Scheme for Deutsche Airbus Panel Report, 4 March 1992, unadopted, SCM/142
EEC – Animal Feed Proteins	EEC – Measures on Animal Feed Proteins Panel Report, adopted 14 March 1978, BISD 25S/49
EEC – Apples (US)	European Economic Community – Restrictions on Imports of Apples – Complaint by the United States Panel Report, adopted 22 June 1989, BISD 36S/135
EEC – Apples I (Chile)	EEC Restrictions on Imports of Apples from Chile Panel Report, adopted 10 November 1980, BISD 27S/98
EEC – Apples II (Chile)	EEC – Restrictions on Imports of Apples Panel Report, 20 June 1994, unadopted, DS39/R
EEC (Member States) – Bananas I	EEC – Member States’ Import Regimes for Bananas Panel Report, 3 June 1993, unadopted, DS32/R
EEC – Bananas II	EEC – Import Regime for Bananas Panel Report, 11 February 1994, unadopted, DS38/R
EEC – Canned Fruit	European Economic Community – Production Aids Granted on Canned Peaches, Canned Pears, Canned Fruit Cocktail and Dried Grapes Panel Report, 20 February 1985, unadopted, L/5778
EEC – Copper Scrap	European Economic Community – Restrictions on Exports of Copper Scrap Panel Report, adopted 20 February 1990, BISD 37S/200
EEC – Cotton Yarn	European Economic Community – Imposition of Anti-Dumping Duties on Imports of Cotton Yarn from Brazil Panel Report, adopted 30 October 1995, BISD 42/17
EEC – Dessert Apples	European Economic Community – Restrictions on Imports of Dessert Apples – Complaint by Chile Panel Report, adopted 22 June 1989, BISD 36S/93
EEC – Import Restrictions	EEC – Quantitative Restrictions Against Imports of Certain Products from Hong Kong Panel Report, adopted 12 July 1983, BISD 30S/129
EEC – Imports of Beef	European Economic Community – Imports of Beef from Canada Panel Report, adopted 10 March 1981, BISD 28S/92
EEC – Minimum Import Prices	EEC – Programme of Minimum Import Prices, Licences and Surety Deposits for Certain Processed Fruits and Vegetables Panel Report, adopted 18 October 1978, BISD 25S/68
EEC – Newsprint	Panel on Newsprint Panel Report, adopted 20 November 1984, BISD 31S/114
EEC – Oilseeds I	European Economic Community – Payments and Subsidies Paid to Processors and Producers of Oilseeds and Related Animal-Feed Proteins Panel Report, adopted 25 January 1990, BISD 37S/86
EEC – Oilseeds II	European Economic Community – Follow-Up on the Panel Report “Payments and Subsidies Paid to Processors and Producers of Oilseeds and Related Animal-Feed Proteins” Panel Report, 31 March 1992, BISD 39S/91
EEC – Parts and Components	European Economic Community – Regulation on Imports of Parts and Components Panel Report, adopted 16 May 1990, BISD 37S/132
EEC – Pasta Subsidies	European Economic Community – Subsidies on Export of Pasta Products Panel Report, 19 May 1983, unadopted, SCM/43
EEC – Poultry (US)	EEC – United Kingdom Application of EEC Directives to Imports of Poultry from the United States Panel Report, adopted 11 June 1981, BISD 28S/90
EEC - VAT and Threshold	Panel on Value-Added Tax and Threshold Panel Report, adopted 16 May 1984, BISD 31S/247
EEC – Wheat Flour Subsidies	European Economic Community – Subsidies on Export of Wheat Flour Panel Report, 21 March 1983, unadopted, SCM/42
France – Compensation Tax	French Special Temporary Compensation Tax on Imports Contracting Parties Decision, 17 January 1955, BISD 3S/26
France – Import Restrictions	French Import Restrictions Panel Report, adopted 14 November 1962, BISD 11S/55 and 94
France – Income Tax	Income Tax Practices Maintained by France Panel Report, adopted 7 December 1981, BISD 23S/114 and 28S/114
France – Wheat Exports	French Assistance to Exports of Wheat and Wheat Flour Panel Report, adopted 21 November 1958, BISD 7S/46
Germany – Sardines	Treatment by Germany of Imports of Sardines Working Party Report, adopted 31 October 1952, BISD 1S/53
Germany – Starch Duties	German Import Duties on Starch and Potato Flour Working Party Report, 16 February 1955, unadopted, BISD 3S/77
Greece – Import Duties	Increase of Import Duties on Products included in Schedule XXV (Greece) Working Party Report, adopted 3 November 1952, BISD 1S/51
Greece – Import Taxes	Special Import Taxes Instituted by Greece Working Party Report, adopted 3 November 1952, BISD 1S/48
Greece – Phonograph Records	Greece – Increase in Bound Duty Group of Experts Report, 9 November 1956, unadopted, L/580
Greece – USSR Tariff Quotas	Greece – Preferential Tariff Quotas to the USSR Working Party Report, adopted 2 December 1970, BISD 18S/179
India – Tax Rebates	Application of Article I:1 to Rebates on Internal Taxes Ruling by the Chairman, 24 August 1948, BISD II/12
Italy – Agricultural Machinery	Italian Discrimination Against Imported Agricultural Machinery Panel Report, adopted 23 October 1958, BISD 7S/60
Jamaica – Margins of Preference	Jamaica – Margins of Preference Panel Report, adopted 2 February 1971, BISD 18S/183
Japan – Agricultural Products I	Japan – Restrictions on Imports of Certain Agricultural Products Panel Report, adopted 2 March 1988, BISD 35S/163
Japan – Alcoholic Beverages I	Japan – Customs Duties, Taxes and Labelling Practices on Imported Wines and Alcoholic Beverages Panel Report, adopted 10 November 1987, BISD 34S/83
Japan – Leather (Canada)	Japan’s Measures on Imports of Leather Panel Report, adopted 10 November 1980, BISD 27S/118
Japan – Leather I (US)	Japanese Measures on Imports of Leather Panel Report, adopted 6 November 1979, BISD 26S/320
Japan – Leather II (US)	Panel on Japanese Measures on Imports of Leather Panel Report, adopted 15 May 1984, BISD 31S/94
Japan – Semi-Conductors	Japan – Trade in Semi-Conductors Panel Report, adopted 4 May 1988, BISD 35S/116
Japan – Silk Yarn	Japan Measures on Imports of Thrown Silk Yarn Panel Report, adopted 17 May 1978, BISD 25S/107
Japan – SPF Dimension Lumber