°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ ANALYTICAL INDEX: INDEX
Index
The following index covers the body text of this book but not the text of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements. Disputes have been indexed under the name of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Member respondent in the dispute and under the subject matter.
A
AB procedures (DSU 17.9 and ABWP)
additional procedures (ABWP 16(1)): see special or
additional procedures (AB) (ABWP 16(1))
adoption, AB authority DSU 885
appellant’s submission (ABWP 21)
grounds for allegation of specific errors (ABWP
21:2) DSU 1432–3
materials attached to as integral part DSU 1431
appointment of members (DSU 17.2) DSU 837
table of appointments as at 30 September 2011 DSU 838
collegiality (ABWP 4) (AB communication of 7
February 1996) DSU 1369
competence: see standard/powers of review (AB) (issues of law and legal
interpretations) (DSU 17.6)
compliance obligation DSU 1365–6
composition of delegation: see composition of delegation
divisions (ABWP 6) DSU 1371
documents (ABWP 18), failure to file by deadline (ABWP 18(1)) DSU 1397–402
due process and DSU 1366
establishment (DSU 17.1) DSU 836
failure to appear (AB 29) DSU 1467
multiple appeals (ABWP 23): see multiple appeals (notice of other appeal
(ABWP 23)); multiple appeals (special procedure for consolidation (ABWP
16(1)))
notice of appeal: see notice of appeal, requirements (ABWP 20(2)(d))
oral hearings (ABWP 27)
see also public observation of oral hearing/ “passive
participation” (ABWP 27(3))
AB authority to organize and conduct DSU 1449
consultation on date DSU 1454
multiple sessions/hearings DSU 1455–6
replacement of member (ABWP 13)
in case of death DSU 1373
Presiding Member DSU 1374
for serious personal reasons (ABWP 12) DSU 1375–6
special procedure (ABWP 16(1)) DSU 1385
see also legal status of adopted AB reports (DSU 17.14), precedent
as clarification of parties’ arguments GATT 239 n. 347
time taken from date of circulation to date of adoption (table) DSU 904
Rules of Conduct, incorporation into ABWP
see also Rules of Conduct (RoC)
separate opinions (DSU 17.11) DSU 889
submission, correction of clerical error (ABWP 18(5)) DSU 1403–7
term of office (Chair) (ABWP 5(2)) DSU 1370
text (ABWP) DSU 1364 (Section XXXII)
time taken to complete proceedings (DSU 17.5) (table) DSU 840
timetable (ABWP 26)
modification in exceptional circumstances (ABWP 16(2)) DSU 1386–92
modification of date of oral hearing (ABWP 16(2)) DSU 1393–6
transition (ABWP 15) DSU 1377–8
transmittal of records (ABWP 25)
inclusion of correspondence not in the record of the panel proceedings DSU 1446
request to delay DSU 1445
withdrawal of appeal (ABWP 30): see withdrawal of appeal (ABWP 30)
abuse of rights/abus de droit, pacta sunt servanda/performance in good faith (VCLT 26) and TRIPS 77, DSU 1501
accelerated/expedited procedures
AB procedures in prohibited subsidies cases (ABWP 31) DSU 1475
consultations (SCM 4.1–4), statement of evidence (SCM 4.2) and SCM 188–90, 192–4, 197
access to dispute settlement process, limitation to °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Members, 17.516: see also amicus curiae briefs
see also transitional safeguard measures (SG) (China) (Accession Protocol 16)
as balance of rights and obligations °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 253
“date of agreement” (GATT II:6(a)) and GATT 157
General Exceptions (GATT XX) and GATT 951–5
inclusion of commitments on
determination of dumping (NMEs) GATT 458–9, AD 166, 715
restrictions on trading rights (GATT XI:1) GATT 619
as integral part of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ II:2) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 253
jurisprudence relating to AD 1012
as “legal instruments” (GATT 1994 1(b)) GATT 3, 6
special exchange arrangements (GATT XV:6) and GATT 706
accession (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XII)
see also original membership (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XI:1)
accessions at 30 September 2011 °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 239, Table XX C
adopted decisions (Ministerial Conference/General Council acting for) (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XII:2) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 62, 248–9
compliance with, burden of proof SG 314
least developed countries: see also under least-developed countries (LDCs), accession to membership
observer status °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 250
Plurilateral Trade Agreements (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XII:3) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 255–8
procedures (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XII:2)
Decision-Making Procedures Under Articles IX and XII of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement, General Council decision (1995) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 197, 203
Secretariat Note on (1995) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 242, 274
standard of review (DSU 11) SG 313
working parties on accession
completed processes °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 244–5
continuation of GATT 1947 working parties °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 243, 245, 247
establishment, terms of reference and customary procedures °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 66, 241
ongoing processes °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 246–7
Accountancy Sector, Disciplines on Domestic Regulation (1998)
GATS XVI and XVII obligations and GATS 60–1
transparency (GATS III) and GATS 44
Accountancy Sector, Guidelines for Mutual Recognition Agreements or Arrangements (GATS VII:4) GATS 65
ACP–EC Partnership Agreement, Doha Declaration on °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 56, 67
acquiescence: see estoppel
acquis: 1947/°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ continuity, decisions, procedures and customary practices under GATT 1947 (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XVI:1)/provisions of legal instruments in force under GATT 1947 (GATT 1994 1(b)) (GATT acquis) see GATT
activity function rules: see MFN treatment (GATT I:1), “advantage”, allocation of tariff quotas
additional procedures: see special or additional procedures (AB) (ABWP 16(1)); special or additional procedures (panel) (DSU 12.1)
ADP Committee: see Anti-Dumping Practices Committee (ADP)
see also nullification or impairment (DSU 3.8); “serious prejudice” (SCM 6)
countermeasures (SCM 7.9): see countermeasures in case of failure to take measures to remove adverse effects of or withdraw subsidy (SCM 7.9)
existence of “benefit”, need for SCM 263
continuing benefit SCM 256, 257
non-retroactivity (VCLT 28) and SCM 256
grounds for requesting consultations (SCM 7.1) as context SCM 262
injury to the domestic industry (SCM 5(a)) SCM 260
nullification or impairment of benefits (SCM 5(b)) SCM 261
presumption under DSU 3.8 distinguished SCM 261, DSU 95
systematic offset as SCM 264
obligation to remove adverse threats or withdraw subsidy (SCM 7.8) SCM 327–9
adverse effects arising subsequent to original proceedings, applicability to SCM 328, 329
affirmative action requirement SCM 329
special or additional rules and procedures (DSU 1.2 and Appendix 2) and DSU 21
“withdrawal of subsidy without delay” (SCM 4.7) compared SCM 208, 215, 328, 329
passing the benefit through (SCM 1.1(b)) and SCM 258
relevant period SCM 259
as required element for actionable subsidy SCM 255
“serious prejudice” (SCM 5(c)): see “serious prejudice” (SCM 5(c))
“use” of subsidy SCM 262, DSU 95
adverse inferences from party’s refusal to provide information, panel’s right to draw (DSU 13) DSU 558–63
burden of proof and DSU 558–63
sufficiency of burden of proof rules DSU 563
discretionary nature DSU 561–2
obligation to respond promptly to panel’s requests for information and (DSU 13.1), confidential information and DSU 561
adverse inferences from party’s refusal to provide information, panel’s right to draw (SCM Annex V) SCM 676–8
Advisory Centre on °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Law DSU 1357 n. 2139
definition GPA 15
GPA tendering procedures (GPA VII) as GPA 21
Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3)
“constituent data and methodology” (AG 1(a)(ii)) AG 6–8, 200
beef, absence AG 7
external reference price, relevant period AG 8
“in accordance with” AG 7
“provisions of Annex 3”, priority AG 7, 8
“taking into account” AG 7
“market price support” (Annex 3, para. 8), “eligible” AG 203
“support” (Annex 3, para. 1) AG 9
calculation for purposes of AG 13(b)(ii) AG 144
GATT XVI:1 compared AG 9
total AMS (AG 1(h)), calculation AG 6 n. 9, 20
Agreement on the Application of Sanitary and Phytosanitary Measures: see SPS Agreement; SPS Committee (SPS)
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994: see Anti-Dumping Agreement (AD)
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade: see Customs Valuation Agreement
Agreement on Preshipment Inspection: see PSI Agreement
Agreement on Subsidies and Countervailing Measures: see SCM Agreement
Agreement on Trade in Civil Aircraft: see Aircraft Agreement (AIR)
Agreement on Trade-Related Investment Measures (TRIMs): see TRIMs Agreement
agricultural concessions and commitments (AG 3)
see also Schedules of Concessions (GATT II)
domestic support (AG 3), limitation to commitment levels specified in Member’s Schedule (AG 3(2)), “subject to provisions of Art. 6” AG 29
export subsidies, prohibition (AG 3.3)
“budgetary outlay and quantity commitment levels”, obligation to include both types in Schedule AG 33
AG 9.2(b)(iii)/9.2(b)(iv) and AG 109
scheduled and unscheduled products distinguished AG 31
applicability of AG 9.1 to both AG 31–2
as integral part of GATT 1994 (AG 3.1) AG 26
Schedules of Commitments and AG 3, interrelationship AG 27–8
“agricultural products” (AG 2/Annex 1)
applicability of jurisprudence relating to non-agricultural products AG 24
“commodity” (AG 13(b)(ii)), as context for AG 23
Harmonized System, applicability to Annex 1 AG 25
scheduled and unscheduled products distinguished AG 23
agricultural reform commitments (Uruguay Round), review of implementation (AG 18)
3.171–81: see also notification requirements (AG 18.2)
annual consultations (AG 18.5) AG 179
counter notifications (AG 18.7) AG 181
opportunity to raise matter relevant to implementation commitments (AG 18.6) AG 180
Organization of Work and Working Procedures AG 172, 179, 180, 181
procedure AG 172
agricultural reform process, obligation to continue (AG 20)
Hong Kong Ministerial Conference AG 188–9
launch of new round of negotiations (2000) AG 184
Singapore Ministerial Conference AG 183
see also Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3); agricultural concessions and commitments (AG 3); domestic support commitments (AG 6); due restraint (AG 13) (“peace clause”); export subsidy commitments (AG 9); export subsidy commitments, prevention of circumvention (AG 10); export subsidy, prohibited (SCM, Part II); market access, concessions and commitments (AG 4.1); market access, measures required to be converted into ordinary customs duties (AG 4.2 and footnote 1); NFIDC, implementation (AG 16); notification requirements (AG 18.2); payments on export of agricultural product financed by virtue of governmental action (AG 9.1 (c)); Schedules of Concessions (GATT II); special safeguards (AG 5)
object and purpose (preamble)
AG 9.1(c) and AG 3
developing countries’ needs and conditions (including Mid-Term Review Agreement (AG 6.2)) AG 4, 77
fair and market-oriented agricultural trading system AG 2–5
market access (AG 4) AG 34, 55
relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ agreements (AG 21.1)
see also relationships within and between agreements
conflict, priority in case of AG 191
GATT XI (non-tariff measures/QRs) GATT 597, 644
GATT XIII (non-discrimination) GATT 656, 689, AG 1, 190
market access commitments (AG 4.1) and GATT 168–9, AG 1, 36, 190
GATT XVI (subsidies) GATT 715, 717
SCM Agreement
3.192–4, 13.181–7: see also relationships within and between agreements
AG 6.3/SCM 3.1(b) AG 79, 193–4, SCM 186–7
establishment °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 93
Organization of Work and Working Procedures AG 172, 179, 180, 181
report on
implementation of AG 10.2 AG 118–23
NFIDC (AG 16), 3.118, 3.120: see also NFIDC, implementation (AG 16)
role and activities, review of Uruguay Round implementation activities (AG 18): see agricultural reform commitments (Uruguay Round), review of implementation (AG 18)
rules of procedure (1996) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 94, AG 170
terms of reference AG 169
reports AG 171
Air Transport Services (GATS Annex), review (Annex para. 5) GATS 238–9
acceptance and entry into force (AIR 9.1) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 258, 269, AIR 32–4
acceptances as at 30 September 2011 AIR 6, 32–3
alignment with °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ institutional and dispute procedures, ongoing efforts AIR 3, 5
amendments (AIR 9.5) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 219, 222, VAL 35–6
Protocol Amending (1986) AIR 35
Protocol Amending (2001) AIR 16–18, 36
authentic texts (Spanish) AIR 37
covered agreement status and AIR 31
plurilateral agreement status and AIR 31
end-use systems (AIR 2.2) AIR 12
entry into force (1980)/annexation to °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement (AIR Preamble) AIR 3
Protocol amending (1988) AIR 4
negotiations to broaden and improve scope (AIR 8.3) AIR 26–7
Trade in Civil Aircraft Sub-Committee and AIR 29
product coverage/definitions (AIR 1)
notifications of domestic operating entities and domestic definitions AIR 8–9
updating AIR 9
product coverage/definitions (AIR 1), Annex AIR 13–19
adoption as consolidated Annex (1983) AIR 14
Aircraft Ground Maintenance Simulators Decision (2001) AIR 18
Harmonized System, alignment with AIR 2, 15–16, 19
procedures for modification and rectification (1982) AIR 13
reservations (AIR 9.2.1) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 301
signatories as at 30 September 2011 °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 269, AIR 6
technical barriers to trade (AIR 3), Air Committee discussion of AIR 20
annual reports (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ IV.8) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 160, AIR 25
observer status AIR 34
role and activities AIR 1–2, 4
Technical Sub-Committee, establishment and terms of reference AIR 28
Trade in Civil Aircraft Sub-Committee AIR 29
ALOPs (SPS 5.4–5.6 and Annex A(5))
consistency in application (SPS 5.5)
arbitrary or unjustifiable inconsistencies, exclusion: see arbitrary or unjustifiable distinctions resulting in discrimination or disguised restriction on international trade (SPS 5.5)
comparability of in different situations SPS 224–5
comparable situations SPS 226–9
cumulative nature of obligations SPS 63–4, 212–14
discrimination or disguised restriction of trade resulting from inconsistency SPS 50, 212–14
elements required for SPS 211
Guidelines to Further the Practical Implementation of Article 5.5 (2000) SPS 244–8
“implementation measure” for purposes of SPS 5.5 SPS 215–16
legal obligation, whether SPS 218
recommendations of relevant international organizations and SPS 87
measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6)
alternative measure “significantly less restrictive to trade” SPS 275–7
compliance with Member’s ALOP SPS 273–4
experts’ role SPS 261
“is reasonably available” SPS 263
sufficient scientific evidence (SPS 2.2) and SPS 282–4
“taking into account technical and economic feasibility” SPS 264
“appropriate level”, determination
“acceptable level of risk” test (SPS 5.1/Annex A(4)) and SPS 266, 279, 530, 532–3
Member’s explicit statement, right of Panel/AB to challenge SPS 271
Member’s obligation to determine [in accordance with SPS obligations] SPS 207–8, 210, 220, 270–2, 285
Member’s prerogative SPS 253, 267–9, 529
as preliminary to/distinction from decision on measure SPS 265, 532–3
scientific evidence requirement SPS 260
cumulative elements (SPS 5.6 footnote 3) SPS 257–8
legal characterization of measure as matter for panel DSU 767
order of analysis SPS 262
SPS measures, limitation to SPS 256
minimization of negative trade effects obligation (SPS 5.4) and SPS 206–8
AB and
right to accept (DSU 17.9) DSU 740–2
discretionary nature/case-by-case approach DSU 743
special procedure (ABWP 16(1)) DSU 1382
confidential information obligations (DSU 18.2) DSU 126, 914, 917
due process and DSU 744
notification of intention to participate (DSU 10.2), relevance DSU 474
panel’s authority/discretion to accept or reject DSU 474, 516, 685, 697, 738–44
rejection as error of law DSU 739
private individuals’ right to submit DSU 741–2
prompt and satisfactory settlement of dispute (DSU 3.3) and, prompt and satisfactory settlement (DSU 3.3) DSU 743
special procedures DSU 1382
table of accepted briefs DSU 745
third party rights distinguished DSU 516
anti-dumping action on behalf of a third country (AD 14) AD 849–51
GATT practice GATT 486, AD 851
anti-dumping actions, Members’ reporting obligations (AD 16.4), form and content AD 866–8
see also anti-dumping action on behalf of a third country (AD 14); anti-dumping actions, Members’ reporting obligations (AD 16.4), form and content; anti-dumping and countervailing duties (GATT VI) including interrelationship with AD Agreement; anti-dumping duties, imposition and collection (AD 9); confidential information (AD 6.5); conformity of laws, regulations and administrative procedures with AD obligations, obligation to ensure (AD 18.4); consultation and dispute settlement (AD 17); data collection period (AD 2 and AD 3); data collection period (AD 5.8) (determination of negligible import volumes); determination of dumping (AD 2); determination of injury (AD 3); developing countries (AD 15); “domestic industry” (AD 4); due process (anti-dumping measures) (AD 6); “dumping” / “margin of dumping” (AD 2.1); evidence (dumping investigation) (AD 6); investigation of dumping (AD 5)/subsidy (SCM 11); judicial review (AD 13); provisional measures (AD 7); public notice and explanation of determinations (AD 12); public notice of initiation of investigation (AD 12.1); public notice of preliminary or final determination (AD 12.2); retroactivity (provisional measures and anti-dumping duties) (AD 10); sampling (AD 6.10); specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement; standard/powers of review (panel) (AD 17.6); sunset review (AD 11.3) (including “l¾±°ì±ð±ô¾±³ó´Ç´Ç»å” test); transparency (AD 3 and 5)
annual review of implementation and operation of Agreement, guidelines for improvement AD 975–6
applicability (AD 18.3)
pre-/post-°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ reviews AD 966–7
“reviews of existing measures” AD 965
object and purpose, absence of specific provision/preamble AD 1–4
preparatory work (VCLT 32)
AD 1 AD 5
Annex II AD 533
principles (AD 1)
“anti-dumping measure” AD 5
“initiated and conducted in accordance with the provisions of this Agreement” AD 6
developments during period of investigation, relevance AD 7
violation of other AD provisions as evidence of breach of AD 1, 8.6, 8.986: see also relationships within and between agreements
anti-dumping and countervailing duties (GATT VI) including interrelationship with AD Agreement
see also countervailing duties (SCM Part V)
AD 2.1/GATT VI:1(a) and AD 2.2/GATT VI:1(b) distinguished GATT 481
AD Agreement as context (VCLT 31(2)) AD 1000–2
AD Agreement and GATT 1994 as integral part of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement AD 723, 1000–1
anti-dumping measure other than duty, applicability to GATT 447–50
AD 1 and GATT 448
AD 18.1 and, 2.449: see also specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement
“may levy” and (GATT VI:2) GATT 460–2, AD 723
GATT practice/preparatory work (VCLT 32) SPS 462
anti-dumping vs countailing duties/exclusion of double remedy (GATT VI:5/SCM 19) GATT 480–1, 481, SCM 466, DSU 1617
calculation of subsidies (GATT VI:3/SCM 19.4) GATT 471
“pass-through” analysis (GATT 6:3/SCM 10 and 32) GATT 472
countervailable subsidy, permissible responses (GATT VI:3/SCM) GATT 469
countervailing duties, compliance with both GATT VI:3 and SCM GATT 451, 468
determination of dumping (AD 2/GATT VI:2)
GATT practice GATT 467
method, right to choose GATT 463
refund of duties or taxes (AD 2.4.2/GATT VI:4) GATT 478–9 GATT practice GATT 479
sale “destined for consumption in exporting country” (AD 2.1/GATT VI:2) GATT 481
determination of dumping (NMEs) (Note 2 Ad Article VI:1) GATT 455–9, AD 155–6, 166–7, 715
dumping, constituent elements/definition (AD 2/GATT VI:1)
consistency of definition throughout AD and GATT GATT 452–3
GATT practice and preparatory work (VCLT 32) GATT 486
“margin of dumping” (GATT VI:2)/ “margins of dumping” (AD 2.1), equivalence GATT 453
material injury to domestic industry or threat of (GATT VI:6(a)) GATT 454, 482–5
GATT practice GATT 485
SCM 16.1 and GATT 483
material injury to industry in third party country (GATT VI:6(b) and (c)) GATT 486–7
specific reference in legislation, relevance GATT 450
sufficiency of evidence for initiation of investigation (AD 5) and AD 356, 364 n. 489, 424
non-retroactivity of treaties (VCLT 28) and GATT 451
QRs (GATT XI) and GATT 648
separability of AD and GATT VI GATT 493, AD 1000
violation of GATT VI, sufficiency for finding of violation of AD 2.1 and 2.2 GATT 451, 492, AD 161
“zeroing” (AD 9.3/GATT VI:2): see “zeroing” (AD 9.3/GATT VI:2)
anti-dumping duties, duration and review (AD 11)
see also sunset review (AD 11.3)
AD 11.1 as general principle underlying AD 11.2 and 3 AD 735, 740
“injury” (AD 3 footnote 9) AD 747, 751
“likely to lead to continuation or recurrence” (AD 11.2)
probability, need for AD 749
sunset review (AD 11.3) and AD 749
“necessary to offset dumping” (AD 11.2) AD 739, 741–6
necessity (AD 11.1) and AD 739, 741
standard of proof AD 745, SCM 494
sunset review (AD 11.3) and AD 742–3
“no-dumping” finding (AD 11.2), timing of revocation of antidumping duty AD 743
review mechanism, AD 11.2 as AD 752
special rules and procedures (DSU 1.2), whether DSU 12
“warranted” (AD 11.2) AD 750–2
anti-dumping duties, imposition and collection (AD 9)
assessment (AD 9.3)
conditions (AD 9.3.2, AD 11.2 and SCM 21.2) AD 676–7, SCM 486–7
de minimis test, AD 5.8 distinguished AD 402, 671–3
finality of duty AD 678
“product as a whole” (AD 2.1) and GATT 120, AD 18–19, 679–85
retrospective assessment (AD 9.3.1) AD 675, 679–80
zeroing and GATT 464–7, AD 680, 686, 686–7
variable duties, possibility of AD 674–5
calculation of “all other” anti-dumping duty rate (AD 9.4)
avoidance of prejudice to non-investigated exporters AD 698–9, 708
comparison of all comparable transactions (AD 2.4), need for AD 700
determination of injury (AD 3), relevance to AD 202
margins established under circumstances referred to in AD 6.8,
“e²õ³Ù²¹²ú±ô¾±²õ³ó±ð»å” AD 708
lacuna situation AD 708–10, 711–16
“legislation as such” and AD 877
method, absence of provision AD 701
non-cooperating companies and AD 705
prospective normal value ceiling (AD 9.4(ii)) AD 721–2
single exporter or producer (AD 9.4(i)), sufficiency AD 703
zero/de minimis margins, exclusion AD 791–2
“duties” (AD 9/SCM 19), bonds distinguished AD 656, SCM 459
expedited review (AD 9.5), requirements AD 724
lesser duty, possibility of (AD 9.1) AD 658, 861
“such mandatory duty shall be collected …” (AD 9.2)
AD 9.2 and SCM 18 distinguished AD 668
“appropriate” amounts AD 663–6
sampling (AD 6.10) and AD 664, 666
NMEs and AD 660
exception in case of impracticality AD 670
Anti-Dumping Practices Committee (ADP)
annual review of implementation and operation of Anti-Dumping Agreement, guidelines for improvement and AD 975–6
establishment °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 93
Informal Group on Anti-Circumvention, ADP Committee Decision on (April 1997) AD 1017–18
notification to government (AD 5.5), recommendation on timing AD 387
Periods of Data Collection for Anti-Dumping Investigations, Recommendation Concerning: see data collection period (AD 2 and AD 3), Anti-Dumping Practices Committee, Recommendation (2000)
recommendations, status AD 175
review of AD 15 (developing countries) AD 852, 853
rules of procedure (1996) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 94, AD 864–5
“arbitrary or unjustifiable discrimination”
“discrimination” in SPS 5.5 and TRIPs 3 and 4 compared SPS 243
ordinary meaning SPS 231
use in GATT XX, SPS 2.3 and SPS 5.5 compared SPS 232–3, 240–2
arbitrary or unjustifiable discrimination, exclusion (SPS 2.3) SPS 1, 58–64
ALOPs and (SPS 5.4–6) SPS 210
ALOPs (SPS 5.5) and SPS 50, 61–4, 240–2
discrimination between different products SPS 59
elements of violation SPS 58
arbitrary or unjustifiable discrimination, GATT XX measure as (GATT XX chapeau)
ambiguity GATT 862
“between countries where the same conditions prevail” GATT 859–61
between importing and exporting countries GATT 859–61
capricious or unpredictable reasons and GATT 870, 872
cause vs effects test GATT 870
constituent elements GATT 859, 862, 864
discrimination in substantive GATT obligations distinguished GATT 858, 864
“disguised restriction on international trade”
failure to consider costs as GATT 863
interrelationship GATT 874
measures amounting to arbitrary or unjustifiable discrimination as GATT 862–3
significant effect on achievement of objective and GATT 876, 877
failure to consider appropriateness of regulatory programme and GATT 865–7
link with legitimate objective, need for GATT 870, 873
objective criteria, need for GATT 869
arbitrary or unjustifiable distinctions resulting in discrimination or disguised restriction on international trade (SPS 5.5)
arbitrary or unjustifiable distinctions SPS 50, 61–4, 230–4
comparison of ALOPs as basis for panel review SPS 230
disguised restriction on international trade/warning signals SPS 235–9
see also suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22)
burden of proof
SCM 4.11 arbitrations DSU 585–6
SCM 7.10 arbitrations SCM 337
“by the original panel” DSU 1211
due process and DSU 1183, 1210
multiple complainants DSU 1282
scope of review/arbitrators’ mandate/task (DSU 22.7)
ad hoc procedural agreements for implementation of DSB recommendations and rulings DSU 1176
agreement/sector for which authorization is sought (DSU 22.3), limitation to DSU 1186
determination of “appropriateness/appropriate” countermeasure (SCM 4.11) SCM 233, 244–5, DSU 1260, 1283, 1292–3
determination of “appropriateness/appropriate” countermeasure (SCM 7.10) SCM 336
determination of “equivalence” (DSU 22.3)
17.1217, 17.1246–59: see also suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22), level equivalent to nullification or impairment (DSU 22.4)
methodology paper, request for DSU 1244
“nature of concession”, exclusion (DSU 22.7) DSU 1187, 1247, 1256
°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ-consistency as prior consideration DSU 1253–4
DSU 22.6 and DSU 22.7 compared DSU 1216
rejection of proposed level of suspension and DSU 1257–9
suspension of concessions or “other obligations”, limitations on role DSU 1219–22
scope of review/arbitrators’ mandate/task (SCM 4.11), burden of proof, allocation SCM 248
scope of review/arbitrators’ mandate/task (SCM 7.10), burden of proof, allocation SCM 337
“s±è±ð³¦¾±´Ú¾±³¦”
agreement and sectors (DSU 22.3) DSU 1184, 1186, 1187, 1198
arbitrators’ margin of discretion DSU 1203
DSU 3 provisions and DSU 1209
DSU 6.2 requirements, applicability DSU 1183, 1210
specific level of suspension (DSU 22.4) DSU 1184, 1185, 1187, 1247
tables
ad hoc agreements DSU 1156
decisions DSU 1213
time taken DSU 1214
timing in relation to Article 21.5 arbitrations: see “sequencing” (interrelationship between Article 21.5 and Article 22.6 arbitration, ad hoc procedural agreements)
working procedures
late submission of evidence DSU 729
opportunity to comment, need for DSU 729
new argumentation, cut-off date DSU 730
typical text DSU 1212
advantages DSU 1330
as alternative to panel procedure DSU 1329, 1337, 1338–9, 1340
applicable law
AB practice DSU 1335
burden of proof (DSU 22.6) DSU 1328
confidentiality of proceedings
see also confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3)
applicability of AB practice DSU 1335
Decision on improvements to the GATT dispute settlement procedures (1989) and DSU 1341 n. 2128
jurisdiction/arbitrators’ mandate
agreement of parties (DSU 25.1 and 25.2) as basis DSU 1330, 1340
determination of level of nullification or impairment (DSU 22.4) DSU 1327, 1329–30
determination of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ-consistency of measure DSU 1336
prompt and satisfactory resolution of disputes, Members’ right to (DSU 3) and DSU 1330, 1343
procedural requirements
Article 22.6 proceedings distinguished DSU 1333, 1342
consistency with °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules and principles, responsibility for ensuring DSU 1326
notification of arbitration to DSB, limitation to DSU 1326, 1338
Argentina, ATC safeguard measures (ATC 6), TMB discussion ATC 33, 39, 53, 72, 82
Argentina — Ceramic Tiles (Panel), WT/DS189/R
Anti-Dumping Agreement (AD), preparatory work (VCLT 32), AD 6 AD 623
anti-dumping duties, imposition and collection (AD 9), calculation of “all other” anti-dumping duty rate (AD 9.4), limitation of sample (AD 6.10) and
confidential information (AD 6.5)
non-confidential summaries (AD 6.5.1)
as balance between protection of confidentiality and need to ensure opportunity to defend interests AD 598, 606
purpose AD 511
public notice of determinations (AD 12) and AD 599, 646
right to rely on AD 598–600, 845
unwarranted request for confidentiality, right to disregard information (AD 6.5.2) AD 598 n. 830
determination of dumping (AD 2)
fair comparison of export price and normal value (AD 2.4)
determination of individual margins (AD 6.10) distinguished AD 625 n. 858, 643
“due allowance”, “in each case, on its merits” AD 88
due process (dispute settlement proceedings), prejudice to party, relevance DSU 94
evidence (dumping investigation) (AD 6)
accuracy of information, authorities’ obligation to satisfy themselves (AD 6.6), as responsibility of authorities AD 522
“facts available”, right of resort to (AD 6.8/Annex II)
conditions for (Annex II) AD 544
failure to submit necessary information “in timely fashion” (Annex II para. 3)
and, interpretation in light of AD 6.1.1, 6.8/Annex II para. 1 AD 605
reasons for disregarding information, need for AD 592
specification “in detail” (Annex II para. 1) AD 543
“notice of the information …” (AD 6.1), clear request for information, need for AD 427, 458, 543, 605
notification to all interested parties of essential facts under consideration (AD 6.9), choice of means AD 609
on-the-spot verification (AD 6.7), as option AD 524, 983
harmless error principle DSU 311 n. 495
identification of specific measures (DSU 6.2) DSU 94
implementation of DSB recommendations and rulings (DSU 21), prompt compliance (DSU 21.1), judicial economy and DSU 653
interpretation of covered agreements, rules relating to including VCLT provisions, effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase AD 598
judicial economy, precise recommendations and rulings by DSB and DSU 653
nullification or impairment (DSU 3.8)
adverse impact/prejudice, relevance DSU 94
presumption in case of inconsistency with covered agreement DSU 94
public notice and explanation of determinations (AD 12), confidential information (AD 6.5) and AD 599, 646
relationships within and between agreements
AD 2.4/AD 6.10 AD 625 n. 858, 643
AD 6.1.1/AD 6.8 AD 458
AD 6.5/AD 12 AD 845
AD 6.8/AD 3 AD 600
AD 6.10/AD 9.4 AD 625
request for establishment of panel, requirements (DSU 6.2)
clear presentation of the problem/ability to defend itself considerations DSU 94
due process/ability to defend itself considerations DSU 311 n. 495
sampling (AD 6.10)
as deviation from general rule AD 623
individual margin for each known exporter or producer AD 625 exporter or producer not originally selected (AD 6.10.2) AD 625
SPS measure, definition/classification as (Annex A(1)), measure to protect human or animal life (Annex A(1)(b)), “additive”, Codex definition, relevance SPS 479
standard/powers of review (panel) (AD 17.6), investigating authorities’ establishment of the facts (AD 17.6(i)), evaluation as at time of determination AD 923
Argentina — Footwear (EC) (AB), WT/DS121/AB/R
Agreement on Safeguards, as integral part of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 19
causation analysis (SG 4.2(b)) (determination of serious injury or threat of)
analysis of conditions of competition, price analysis and SG 192
coincidence of trends in imports and in injury factors SG 182–3
“d±ð³¾´Ç²Ô²õ³Ù°ù²¹³Ù±ð²õ” SG 175
relevance in absence of serious injury SG 175, 218
customs unions (GATT XXIV:5(a))
as defence or exception, on formation of customs union, limitation to, “would be prevented unless” requirement SG 64
definition (GATT XXIV:8(a)), internal trade arrangements (GATT XXIV:8(a)(i)) SG 64–5
safeguard measures (SG 2.1 footnote 1) GATT 1055 right to exclude members of customs union from SG 67
determination of serious injury or threat of, evaluation of all relevant factors of objective and quantifiable nature (SG 4.2(a)) SG 118
all factors listed in SG 4.2(a) SG 145
“factors other than increased imports” (SG 4.2(b)) SG 17
determination of serious injury or threat of (SG 4), requirements, “such increased quantities”, trends SG 27, 49, 159–60
dispute settlement (SG 14), standard of review (DSU 11), evidence, alleged disregard or distortion by panel, obligation to examine and evaluate all the evidence available to it SG 147
emergency action (GATT XIX)
“as a result of unforeseen developments” (GATT XIX:1(a)) SG 6
“as a result … of the effect of obligations incurred by Member” GATT 826–7
condition (SG 2.1) and circumstance distinguished GATT 815
critical date GATT 821
“demonstration”, need for GATT 805
omission from SG 2.1, relevance GATT 803, 805, 840, DSU 1555 n. 2388
RTAs/customs unions and (SG 2.1 footnote 1) GATT 1055, SG 64–5
evidence (panel) (DSU 12), time–limits for submission, panel’s right to admit “late” /new evidence DSU 729
GATT 1947/°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ continuity, GATT 1994 as distinct agreement (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ II:4) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 27
interpretation of covered agreements, rules relating to including VCLT provisions
consistency with article/agreement as a whole DSU 1555 n. 2388
dictionaries GATT 803
effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 19, DSU 1555 n. 2388
object and purpose GATT 798, DSU 1555 n. 2388
SG/GATT XIX GATT 798
same or closely related phrases in different agreements
GATT XIX:1(A)/SG 2.1 SG 6
GATT XIX:1(a)/SG 11.1(a) GATT 797
judicial economy
discretionary nature DSU 645
prior decision on another point rendering discussion otiose GATT 824, SG 175
legal basis of claim / “claim” / “matter referred” (DSU 6.2/7.1)
identification of treaty provisions, right of panel to address provisions other than those cited (DSU 7.2) DSU 424
limitation of jurisdiction to cited provisions (DSU 7.2) SG 220, DSU 424, 519
lex specialis/presumption against treaty conflicts, General Interpretative Note (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Annex 1A) DSU 1721
“measures at issue” (DSU 6.2), amended measures, amendment after establishment of panel DSU 259 n. 386
ordinary meaning of terms used in covered agreements
“apply as single unit or on behalf of a member State” (SG 2.1 footnote 1) SG 64
“as a result of unforeseen developments” (GATT XIX(1)(a)) GATT 803, SG 6
“conforms with the provisions” (SG 11.1(a)) GATT 839, SG 5
panel reports, rationale, need for (DSU 12.7), sufficiency DSU 702
relationships within and between agreements
GATT XIX:1/SG 2 and 4 GATT 805, 824
GATT XIX/SG 1 SG 5
SG 3/SG 4.2(c) SG 220, DSU 424
SG 3.1/SG 4.2(c) DSU 424
RTAs (GATT XXIV:5)
as affirmative defence SG 65
necessity test GATT 1005
safeguard measures, conditions (SG 2)
as extraordinary/emergency remedy GATT 797–8
parallelism between investigation (SG 2.1/SG 4.1(c)) and application of measure (SG 2.2) SG 66–7
“irrespective of source”, applicability to RTAs SG 66–7
regional agreements/customs unions and (SG 2.1 footnote 1) GATT 1055
right to exclude member of customs union from SG 67
“such increased quantities” (SG 2.1)
“rate and amount of the increase … in absolute and relative terms” (SG 4.2(a)) SG 25
as sudden and recent increase SG 30–1, 322
“sufficient to cause serious injury or threat” (SG 2.1) SG 31
safeguard measures (SG)/emergency action (GATT XIX), relationship between GATT 795
continuing applicability of GATT XIX GATT 839–40
rules for application of GATT XIX (SG 1 and 11.1(a)) GATT 839–40, SG 4–5
standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6)
completion of the legal analysis in case of, agreement with panel DSU 863
excess of jurisdiction, consideration of treaty provisions other than those cited DSU 424
standard/powers of review (panel) (DSU 11)
applicability to Safeguards Agreement SG 147
“objective assessment of the ´Ú²¹³¦³Ù²õ”
de novo review, exclusion SG 147, 305
obligation to examine and evaluate all the evidence available to it SG 147
“objective assessment of matter before it”, independent assessment, reference to treaty provisions not cited by parties DSU 519
terms of reference of panels (DSU 7), as definition of jurisdiction/legal claims at issue, “relevant provisions” DSU 424
°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement
cumulative nature of obligations SG 6
as single undertaking (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ II:2) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 19
Argentina — Footwear (EC) (Panel), WT/DS121/R SG 229
causation analysis (SG 4.2(b)) (determination of serious injury or threat of)
analysis of conditions of competition
like product determination compared SG 191
price analysis and SG 190, 192
“d±ð³¾´Ç²Ô²õ³Ù°ù²¹³Ù±ð²õ” SG 174
“on the basis of objective data” SG 174, 191
evaluation of all relevant factors of objective and quantifiable nature SG 174
customs unions (GATT XXIV:5(a))
as defence or exception, on formation of customs union, limitation to, “would be prevented unless” requirement SG 64–5
definition (GATT XXIV:8(a)), internal trade arrangements (GATT XXIV:8(a)(i)) SG 64–5
safeguard measures (SG 2.1 footnote 1) GATT 1055
analysis of conditions of competition SG 190–2
coincidence of trends in imports and in injury factors SG 182, 187
determination of serious injury or threat of, definitions (SG 4.1)
“serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1 (b)), simultaneous determinations SG 128
“threat of serious injury” (SG 4.1(b)), actual increase in imports, need for SG 126
determination of serious injury or threat of, evaluation of all relevant factors of objective and quantifiable nature (SG 4.2(a))
“factors other than increased imports” (SG 4.2(b)) SG 17
non-attribution requirement SG 197–8
emergency action (GATT XIX), RTAs/customs unions and (SG 2.1 footnote 1) GATT 1055, SG 64
evaluation of all relevant factors of objective and quantifiable nature (SG 4.2(a))
all factors listed in SG 4.2(a) SG 144
segmented domestic industry and SG 167
identification of specific measures (DSU 6.2), “identify”, sufficiency of, numbers of measures and places of promulgation DSU 216
interpretation of covered agreements, rules relating to including VCLT provisions, same or closely related phrases in different agreements, ATC 6.4/SG 4.2(a) SG 144
lex specialis/presumption against treaty conflicts
General Interpretative Note (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Annex 1A) DSU 1720
possibilities of conflict considered by panel/AB, GATT XIX/SG 2.1 DSU 1720
“like or directly competitive product” (SG 2.1/SG 4.1(c)), causation analysis (SG 4.2(b)) compared SG 191
notification and consultation (SG 12)
“all pertinent information” (SG 12.2), precise description of proposed measure SG 289
modifications reducing restrictiveness of measure, limitation to SG 237
right to request additional information (SG 13.1(f)), relevance SG 289
“objective assessment of matter before it”, reasoned and adequate explanation (SG 4.2(a)) and SG 147
ordinary meaning of terms used in covered agreements, “apply as single unit or on behalf of a member State” (SG 2.1 footnote 1) SG 64
relationships within and between agreements
GATT XIX/SPS °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 19
SG 2 and 4/SG 5 SG 229
SG 2 and 4/SG 12 SG 289
SG 2/SG 4 SG 19
SG 2.1, 4.1(c) and 4.2(b)/SG 2.2, 3.1, 51.8, and 12 SG 85
RTAs (GATT XXIV:5), safeguard measures (SG)/emergency actions (GATT XIX) and SG 64–5
safeguard measures, conditions (SG 2)
customs unions and (SG 2.1 footnote 1) GATT 1055
determination of serious injury or threat (SG 4), violation as violation of SG 2 SG 119
lex specialis/presumption against treaty conflicts
“c´Ç²Ô´Ú±ô¾±³¦³Ù” DSU 1720
possibilities of conflict considered by panel/AB, precedence DSU 1720
RTAs (GATT XXIV:5), safeguard measures (SG)/emergency actions (GATT XIX) and SG 64–5
“such increased quantities” (SG 2.1)
absolute increase SG 50
quantity as determining factor SG 24
“rate and amount of the increase … in absolute and relative terms” (SG 4.2(a)) SG 25–8
as sudden and recent increase SG 30–1
“under such conditions” SG 51, 53–5
price analysis, relevance SG 60
safeguard measures, duration and review (SG 7), modifications reducing restrictiveness (SG 7.4) SG 237, 291
safeguard measures (SG/GATT XIX), customs unions and free trade areas (GATT XXIV) exception, applicability, free trade agreements/customs unions and (SG 2.1 footnote 1) SG 64
standard/powers of review (panel) (DSU 11), applicability to Safeguards Agreement SG 147
terms of reference of panels (DSU 7), “measures at issue” (DSU 6.2), amended measures, amendment following establishment of panel DSU 397–8
transitional safeguards (ATC 6), relevaant factors (ATC 6.3), obligation to examine all SG 144
Argentina — Hides and Leather dispute, WT/DS155/12, “sequencing” (interrelationship between Article 21.5 and Article 22.6 arbitration, ad hoc procedural agreements), recourse to Article 21.5 before Article 22 DSU 1160, 1162
Argentina — Hides and Leather (Panel), WT/DS155/R and Corr.1, DSR 2001:II
AB procedures (DSU 17.9 and ABWP), reports, as clarification GATT 239
burden of proof (general rules), difficulty in collecting information and DSU 570
directly competitive or substitutable products (GATT III:2), “like products” distinguished/as sub-category GATT 252
General Exceptions (GATT XX(d)), measures necessary to secure compliance with GATT-consistent measure, “necessary” GATT 913
General Exceptions (GATT XX(d)), measures necessary to secure compliance with GATT-consistent measure, constituent elements, “necessary” to secure compliance GATT 913
Illustrative List (TRIMs 2.2), QRs (GATT XI:1) and GATT 628
interpretation of covered agreements, rules relating to including VCLT provisions, same or closely related phrases in same agreement, GATT VII:2(b)/GATT X:3(a) GATT 591
“like product” (GATT III:2 and III:4)
relevant factors GATT 243
differences between sellers GATT 252
nationality of producer or origin of product (“hypothetical” like products)
national treatment, general principle (GATT III:1)
applicability, measures imposed at the time or point of importation (“internal measures”) (Ad Article), imposition on like domestic product requirement GATT 208–9
“so as to afford protection”, equality of competitive relationship GATT 204
national treatment, regulatory discrimination (GATT III:4), “less favourable treatment”, grouping approach GATT 302
national treatment, tax discrimination (GATT III:2)
“charge of any kind” GATT 261
determination of violation, elements (GATT III:2, first sentence)
actual tax burden GATT 266
aims and effects test/policy purpose GATT 214
balancing of tax burden, exclusion GATT 267
duration of tax differential, relevance GATT 272
“directly or indirectly” (GATT III:2, first sentence) GATT 278
“in excess of those applied” (GATT III:2, first sentence)
methodology of comparison, individual transactions basis GATT 266–7
regulatory objectives, relevance GATT 275
“so as to afford protection”
as application of general principle (GATT III:1) GATT 239
design and structure of measure as evidence of protective application GATT 250
non-discriminatory administration of QRs (GATT XIII), publication and administration of trade regulations (GATT X:3(a)), “r±ð²¹²õ´Ç²Ô²¹²ú±ô±ð” (risk of disclosure of confidential information) GATT 573
publication and administration of trade regulations (GATT X)
“laws, regulations, judicial decisions and administrative rulings” (GATT X:1), “of general application” GATT 554
measures of general application (GATT X:1) GATT 554
relationship with other GATT provisions GATT 589
uniform, impartial and reasonable administration (GATT X:3(a))
applicability to individual traders GATT 563
“impartial” (presence of private parties during customs process) GATT 569, 570, DSU 251
“r±ð²¹²õ´Ç²Ô²¹²ú±ô±ð” GATT 573
“shall administer” /applicability to substantive rule GATT 553, 554
transparency between °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members and with respect to individual traders distinguished GATT 563
discrimination between Members and GATT 553
discrimination between Members, relevance GATT 591
quantitative restrictions, elimination (GATT XI)
due diligence requirement GATT 603 n. 855
“prohibition or restriction” (GATT XI:1)
causal link, need for GATT 604
de facto restrictions GATT 602–4
equality of competitive conditions as test GATT 604
private action, relevance GATT 603, DSU 251–2
prohibition or restriction on exportation or sale for export GATT 628
“r±ð²õ³Ù°ù¾±³¦³Ù¾±´Ç²Ô” GATT 604
trade effects, relevance GATT 604
relationships within and between agreements
GATT I/GATT X GATT 591
GATT III:1/GATT III:2 GATT 228
GATT /GATT as a whole GATT 553
GATT XI:1/TRIMs Illustrative List GATT 628
State responsibility as rule/general principle of international law (ILC Articles)
responsibility for act or omission of
customs officials DSU 1681
private parties GATT 603, DSU 251–2
TRIMs Agreement, quantitative measures (GATT XI and) GATT 628
Argentina — Hides and Leather (Article 21.3(c)), WT/DS155/10, DSR 2001:XII
developing countries (DSU 21.2) (implementation of DSB recommendations and rulings), “reasonable period” (DSU 21.3(c)) DSU 1065
implementation of DSB recommendations and rulings (DSU 21)
impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), modification of underlying economic or social conditions distinguished DSU 998
prompt compliance (DSU 21.1), modification of underlying economic or social conditions distinguished DSU 997–8
implementation of DSB recommendations and rulings, surveillance (DSU 21), prompt compliance (DSU 21.1), “compliance” DSU 997–8
“reasonable period” for implementation of recommendations and rulings (Article 21.3(c) arbitrations)
developing countries and (DSU 21.2) DSU 1065
economic and social conditions, relevance DSU 998, 1031, 1065
shortest period possible within Member’s normal legislative process DSU 1031
structural adjustment, relevance of need for DSU 1065
Argentina — Poultry Anti-Dumping Duties (Panel), WT/DS241/R, DSR 2003:V
anti-dumping duties, imposition and collection (AD 9)
“appropriate” amounts (AD 9.2) AD 663
assessment (AD 9.3)
retrospective assessment (AD 9.3.1) AD 675
variable duties, possibility of AD 674–5
applicable law, customary rules of interpretation of public international law [as codified in VCLT], treaty application and treaty interpretation distinguished DSU 1590
burden of proof (general rules), prima facie case requirement AD 172
confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3)
“submissions” and statements of own position distinguished DSU 910
time–limits for non-disclosure DSU 911
data collection period (AD 2 and AD 3)
“positive evidence” / “objective examination” requirement (AD 3.1) and AD 172–3
use of different periods
dumping/injury determinations AD 173
injury factors AD 172
determination of dumping (AD 2)
calculation of dumping margins (AD 2.4), comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2), sampling of domestic transactions AD 126–7
“normal value … in the ordinary course of trade” (AD 2.1), calculation of dumping margins (AD 2.4), comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2), “comparable” AD 357–9
determination of injury (AD 3)
evaluation of injury factors (AD 3.4), “objective examination” requirement (AD 3.1) and AD 209
“positive evidence” / “objective examination” requirement (AD 3.1)
“objective examination”, “consequent impact” (AD 3.1(b)) AD 209
use of different periods for data collection and AD 172
for dumping and injury investigations AD 173
“domestic industry” (AD 4)
“a major proportion of the total domestic production” (AD 4.1) AD 329
interpretation in accordance with AD 4.1, obligation AD 337
DSU, applicability, covered agreements (DSU 1.1/DSU 7.2), DSU DSU 5
“dumping” / “margin of dumping” (AD 2.1), product specific requirement, sampling technique and AD 200 n. 271
estoppel, panel competence, related proceedings in another forum and DSU 1704
evidence (dumping investigation) (AD 6)
access to information provided by another interested party (AD 6.1.1/AD 6.1.2), “interested parties participating in the investigation” AD 451
communication of full text of application (AD 6.1.3), “to provide” AD 454–5
“facts available”, right of resort to (AD 6.8/Annex II), “information appropriately submitted so that it can be used … without undue difficulties” (Annex II(3)) AD 561
notification to all interested parties of essential facts under consideration (AD 6.9)
“essential ´Ú²¹³¦³Ù²õ” AD 611–12
“´Ú²¹³¦³Ù²õ” vs “reasoning” AD 612
questionnaires (AD 6.1.1), failure to send, relevance AD 441
good faith (including pacta sunt servanda principle (VCLT 26)), as fundamental rule of treaty interpretation DSU 1508
implementation of panel or AB recommendations (DSU 19.1), panel’s discretionary suggestions DSU 961
international law / “relevant rules of international law” (VCLT 31 (3)(c)) with particular reference to the interpretation of covered agreements (DSU 3(2))
rules applicable between °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Members as “parties”, rule applicable only to some °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Members, whether DSU 1590–1
treaty interpretation and treaty application distinguished DSU 1590
investigation of dumping (AD 5)/subsidy (SCM 11)
simultaneous consideration of evidence of dumping and injury (AD 5.7), initiation of investigation in absence of sufficient evidence (AD 5.3) and AD 395
sufficiency of evidence (AD 5.2)
determination of sufficiency (AD 5.3), AD 2.4 compared AD 358–9
evidence of dumping AD 358
sufficiency to initiate (AD 5.2) and for final determination (AD 2) distinguished
MERCOSUR ad hoc Arbitral Tribunal, proceedings before as impediment (estoppel) to DSU proceedings DSU 1704
MERCOSUR ad hoc Arbitral Tribunal, relevance of decisions in DSU proceedings DSU 1590
ordinary meaning of terms used in covered agreements, “fact” (AD 6.9) AD 612
precedent, as source of rule of international law DSU 1590
public notice of initiation of investigation (AD 12.1)
“interested parties”, obligation to in absence of contact details AD 825
“known exporters” (AD 6.1) / “interested parties known” (AD 12.1) AD 451
notification and public notice distinguished AD 824
relationships within and between agreements, AD 9.2/AD 9.3 AD 663
sampling (AD 6.10), procedural nature AD 626
standard/powers of review (panel) (AD 17.6)
interpretation of relevant provisions of AD (AD 17.6(ii)), “admits of more than one permissible interpretation” AD 329 n. 442
investigating authorities’ establishment of the facts (AD 17.6(i)), evaluation as at time of determination AD 924
third party rights (DSU 10 and Appendix 3), panel’s right to draw on third party submissions DSU 496
Argentina — Preserved Peaches (Panel), WT/DS238/R, DSR 2003:II
emergency action (GATT XIX)
“as a result of unforeseen developments” (GATT XIX:1(a)) GATT 804
critical date GATT 823
“demonstration”, need for GATT 808–9
“objective assessment of matter before it”, reasoned and adequate explanation requirement (SG 3.1), “as a result of unforeseen developments” (GATT XIX:1(a)), “demonstration”, need for GATT 808–9
relationships within and between agreements, GATT XIX/SG 1 SG 9
safeguard measures, conditions (SG 2)
“such increased quantities” (SG 2.1)
as sudden and recent increase SG 38–9
Argentina — Textiles and Apparel (AB), WT/DS56/AB/R, DSR 1998:III
due process (dispute settlement proceedings)
opportunity to respond to evidence/presentations of other parties, timing of submission of evidence (DS 12) and DSU 622
panel working procedures, need for DSU 622 n. 1015, 672
evidence (panel) (DSU 12)
time–limits for submission
absence of provision (Working Procedures (Appendix 3)) DSU 622
panel’s right to admit “late” /new evidence SCM 188, DSU 622
absence of objection by other party DSU 622
time limit for rebuttal DSU 622
as two-stage process DSU 622
presentation of case including facts DSU 622
rebuttal of arguments and evidence DSU 622
fees and formalities connected with importation and exportation “limited … to the approximate cost of services rendered” (GATT VIII:1(a)), IMF obligations and GATT 507
GATT 1947/°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ, xGATT 1947/°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ continuity, decisions, procedures and customary practices under GATT 1947 (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XVI:1) (GATT acquis), panel reports (unadopted) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 280
IMF/°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ relationship (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ III:5)
Agreement (1997)
as fulfilment of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ mandate to cooperate as appropriate with IMF °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 46
Members’ rights and obligations under IMF and °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements, effect on °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 46
consultations and exchange of information, °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ panels and °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 47
Declaration of Coherence in Global Economic Policymaking (1994), legal effect °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 46, 307
Declaration on the Relationship Between the IMF and °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ (1994) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 46, 308
GATT VIII obligations and °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 46, 307, 308, GATT 507
information or technical advice, panel’s right to seek (DSU 13.1/SPS 11.2)
discretion not to seek DSU 607 n. 977, 754 n. 1216, 756, 757 n. 1220
“information from any relevant source” (DSU 13.2) DSU 429
interpretation of covered agreements, rules relating to including VCLT provisions, “any subsequent practice … which establishes the agreement of the parties regarding its interpretation” (VCLT 31(3)(b)), panel reports (unadopted) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 280
legal status of panel reports, unadopted reports °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 280
margin of discretion [in accordance with due process] (panel) (DSU 12.1 and Appendix 3) DSU 622
“measures at issue” (DSU 6.2), amended measures, amendment during AB proceedings DSU 402
panel procedures (DSU 12 and Appendix 3 (WP))
applicable law
agreement of parties to alternative procedure DSU 622
panel’s right to determine DSU 622
panel proceedings as two-stage process DSU 622
relationships within and between agreements, GATT II:1(a)/GATT II:1(b) GATT 133
Schedules of Concessions (GATT II)
interpretation and clarification, GATT II:1(a) and (b), interrelationship GATT 133
ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)), “in excess of” GATT 146
ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)), duty different in type GATT 146
standard/powers of review (panel) (DSU 11), “objective assessment of matter before it”, failure to make as abuse of discretion DSU 622
terms of reference of panels (DSU 7), “measures at issue” (DSU 6.2), amended measures, amendment during AB proceedings DSU 402
Argentina — Textiles and Apparel (Panel),WT/DS56/R, DSR 1998:III
burden of proof (general rules)
cooperation of parties and DSU 573
disclosure obligation and DSU 573
competence of panels and AB (DSU 3.2/DSU 11/DSU 17), “clarification of existing provisions” DSU 386
disclosure obligation, burden of proof and DSU 573
exchange arrangements (IMF/°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ) (GATT XV), consultations (GATT XV:2), dispute settlement and GATT 700
fees and formalities connected with importation and exportation “limited … to the approximate cost of services rendered” (GATT VIII:1(a))
ad valorem charge GATT 499–500, 506
fiscal charge GATT 500
Schedules of Concessions (GATT II), recording of changes (GATT II:1(b)) and GATT 506
good faith (including pacta sunt servanda principle (VCLT 26))
burden of proof/presumption of DSU 387, 393, 1502
as fundamental rule of treaty interpretation DSU 1502
as general principle of international law DSU 387, 393
IMF/°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ relationship (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ III:5)
Declaration on Coherence in Global Economic Policymaking (1994), legal effect °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 307
GATT VIII obligations and °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 307, GATT 700
interpretation of covered agreements, rules relating to including VCLT provisions, “any subsequent agreement … regarding its interpretation or application” (VCLT 31(3) (a)), Report of Working Party on DRC Accession GATT 500
judicial economy, limitation of consideration to claims essential to resolution of dispute (DSU 3.2) DSU 386
“measures at issue” (DSU 6.2)
terminated measures
continuing relevance DSU 388
good faith obligation not to reintroduce DSU 387, 393
termination before agreement on terms of reference DSU 386–8
relationships within and between agreements, GATT II:1(b)/GATT VIII GATT 506
Schedules of Concessions (GATT II)
fees and formalities connected with importation and exportation (GATT VIII) and GATT 506
ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)), “in excess of” GATT 146
ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)), duty different in type GATT 146
terms of reference of panels (DSU 7), unilateral amendment, exclusion DSU 386
Article 21.5 proceedings and DSU 355 n. 575, 657, 1152
estoppel and DSU 663
“even assuming” DSU 111, 135, 313, 658–9, 1573, 1706
guidelines on the use of DSU 664
judicial economy and GATT 1041, DSU 646, 660
“objective assessment” (DSU 11) and DSU 657–64
security and predictability (DSU 11) and DSU 49–50
“to enhance simplicity” DSU 49, 661, 664
ASEAN Free Trade Area, Common Effective Preferential Tariffs (CEPT) scheme, Enabling Clause and GATT 66
Assets, Liabilities, Records, Staff and Functions from GATT to the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ, Agreement on (1994), Director-General’s depositary functions °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 195, 267
ATC (Agreement on Textiles and Clothing): see Textiles and Clothing Agreement (ATC)
Enabling Clause notifications, special treatment of least-developed countries GATT 79
Schedules of Concessions (GATT II), commitments not to impose export duties GATT 135–6
Australia — Ammonium Sulphate (Working Party Report), BISD 11/188
non-violation claims (GATT XXIII:1(b))
nullification or impairment, need for
causality GATT 986
competitive relationship as key factor GATT 986
Australia — Apples (AB), WT/DS367/AB/R
AB procedures (DSU 17.9 and ABWP), documents (ABWP 18), failure to file by deadline (ABWP 18(1)) DSU 1400, 11400
ALOPs (SPS 5.4–5.6 and Annex A(5))
measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6)
alternative measure “significantly less restrictive to trade”
compliance with Member’s ALOP SPS 273–4
experts’ role SPS 261
“appropriate level”, determination
“acceptable level of risk” test (SPS 5.1/Annex A(4)) and SPS 266, 279
sufficient scientific evidence (SPS 2.2) and SPS 284
burden of proof, scientific evidence requirement SPS 260
legal characterization of measure as matter for panel DSU 767
confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3), third party rights (ABWP 27) DSU 888
confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3/ABWP 27), third party obligations DSU 517
due process (dispute settlement proceedings), prejudice to party, relevance DSU 203
due process/ability to defend itself considerations, clear presentation of the problem/ability to defend itself and DSU 200 n. 269
expert evidence (DSU 13.2/SPS 11.2)
legal characterisation of measure as matter for panel DSU 767
significant investigative authority, panel’s ‘broad discretion’ SPS 420
identification of specific measures (DSU 6.2)
discretion in identifying, desirability DSU 200
jurisdictional issues distinguished DSU 200
interpretation of covered agreements, rules relating to including VCLT provisions, effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase SPS 493
legal basis of claim / “claim” / “matter referred” (DSU 6.2/7.1), identification of specific measure distinguished DSU 198–9
order of analysis, ALOPs (SPS 5.6) SPS 262
public hearings, AB DSU 888
public observation of oral hearing / “passive participation” (ABWP 27(3)), reasons for allowing DSU 888
relationships within and between agreements
GATT III:1/SPS Annex A(1) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 24
SPS 2.2/SPS 5.6 SPS 284
SPS 5.1/Annex A(3)(c) SPS 502
request for establishment of panel, requirements (DSU 6.2)
compliance, importance of
demonstration of on the “face of the request”, need for DSU 203
subsequent cure of defect, exclusion DSU 203
risk assessment, need for (SPS 5.1–5.3)
“appropriate level of protection” (SPS 5.6) and SPS 266, 279
“available scientific evidence” (relevant factors) (SPS 5.2), compliance with SPS 5.1 requirement for risk assessment, basis for determining SPS 191
measures based on, need for (SPS 5.1), rational relationship between measure and risk, need for, case-by-case approach SPS 140
“sufficient scientific evidence” requirement (SPS 2.2) and, scientific uncertainty, relevance SPS 138
“taking into account risk assessment techniques” (SPS 5.1), internationally developed techniques SPS 175
risk assessment (SPS Annex A(4)(4)), relationship with “available scientific evidence” (SPS 5.2) SPS 191
scientific evidence, need for sufficient (SPS 2.2)
burden of proof, SPS 5.6 and SPS 260
standard/powers of review (panel), own assessment, exclusion SPS 126–9
SPS control, inspection and approval procedures (SPS 8 and Annex C)
“any procedure to check and ensure”, applicability (Annex C(1)(a))
measures other than “procedures” SPS 555
measures prior to “procedures” SPS 556
“without undue delay” (Annex C(1)(a))
definition SPS 564
determination SPS 567
SPS measure, definition/classification as (Annex A(1))
“measure so as to afford protection” (GATT III) compared SPS 469
as measure to protect, measure to protect a listed issue of prevent/limit specified damage SPS 450
principal and ancillary measures, distinguishability SPS 458
purpose as test
applicability to both adoption and maintenance/application SPS 460
objectivity SPS 460
standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6)
completion of the legal analysis in case of, contentiousness/omission/insufficiency of facts DSU 881
law vs fact, alleged failure of panel to make objective assessment (DSU 11) SPS 126
terms of reference of panels (DSU 7)
“matter referred to the DSB” (DSU 7.1), legal basis of claim distinguished DSU 198–9
request for establishment of panel as basis DSU 203
°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement, as single undertaking (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ II:2), common context °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 24
Australia — Apples (Panel), WT/DS367/R
ALOPs (SPS 5.4–5.6 and Annex A(5))
consistency in application (SPS 5.5)
comparable situations SPS 228
cumulative nature of obligations SPS 212
elements required for SPS 213–14
“s±è±ð³¦¾±´Ú¾±³¦” SPS 220
measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6)
alternative measure “significantly less restrictive to trade”, experts’ role SPS 261
“appropriate level”, determination, as preliminary to/distinction from decision on measure SPS 533
order of analysis SPS 262
due process (dispute settlement proceedings)
expert evidence and SPS 423–4, DSU 1481
prejudice to party, relevance DSU 200 n. 269
expert evidence (DSU 13.2/SPS 11.2)
due process and
case-by-case approach SPS 423
framing of questions SPS 424
independence and impartiality
affiliations raising doubts SPS 416, DSU 1481
panel’s obligation to ensure DSU 1481
Rules of Conduct (RoC I and III:2) DSU 1481
number of experts SPS 405
identification of specific measures (DSU 6.2), “identify”, sufficiency of, measures cited in request, limitation to DSU 223
legal basis of claim / “claim” / “matter referred” (DSU 6.2/7.1), arguments distinguished DSU 334
“measures at issue” (DSU 6.2), several instruments as single measure DSU 276
multiple authentic languages, interpretation (VCLT 33), presumption of identity of meaning (VCLT 33(3)) SPS 454
order of analysis, specific/general provision SPS 189
relationships within and between agreements
SPS 2.2/SPS 5.1 and 5.2 SPS 48, 189
SPS 5.1/SPS 5.2 SPS 182
SPS 5.1/SPS 5.6 SPS 279
risk assessment, need for (SPS 5.1–5.3)
methodology
parties’ right to choose SPS 194
as scientific process SPS 194
risk assessment (SPS Annex A(4)(4)), quantification, relevance (including SPS 5.2 requirements) SPS 194
SPS control, inspection and approval procedures (SPS 8 and Annex C)
procedures to check and control (Annex C(1)(a)), development of SPS measures and SPS 552
“undertake and complete” (Annex C(1)(a)) SPS 560
SPS measure, definition/classification as (Annex A(1))
“laws, decrees, regulations, requirements and procedures”, ordinary meaning SPS 453
legal form and nature, relevance/distinguishability SPS 453–5
principal and ancillary measures, distinguishability SPS 458
terms of reference of panels (DSU 7)
as definition of jurisdiction/legal claims at issue DSU 363 consideration of issues outside terms of reference, exclusion SPS 422
“matter referred to the DSB” (DSU 7.1/AD 17.4) DSU 372
third party rights (DSU 10 and Appendix 3), panel’s right to draw on third party submissions DSU 495–500, 500
Australia — Automotive Leather II dispute (WT/DSR126, DSR 1999:III)
“sequencing” (interrelationship between Article 21.5 and Article 22.6 arbitration, ad hoc procedural agreements)
agreement not to appeal Article 21.5 panel report DSU 1162
non-application of 30-day Article 22.6 deadline DSU 1167
recourse to Article 21.5 before Article 22 DSU 1158
Australia — Automotive Leather II (Panel), WT/DS126/R, DSR 1991:III
accelerated/expedited procedures, consultations (SCM 4.1–4), statement of evidence (SCM 4.2) and SCM 192–4
competence of panels and AB (DSU 3.2/11), determination of establishment/termination of panel DSU 182
consultations (DSU 4), confidentiality (DSU 4.6), disclosure of information obtained in different proceedings DSU 167
consultations (SCM 4.1–4)
object and purpose, clarification and development of the facts of the situation (SCM 4.3) SCM 194
“statement of available evidence” (SCM 4.2)
accelerated proceedings and SCM 192–4
all facts distinguished SCM 192
disclosure of arguments distinguished SCM 192
DSU 4.4 distinguished SCM 194
new evidence, right to submit, objective assessment (DSU 11) and SCM 193
request for establishment of panel (SCM 4.4) distinguished GATS 192
evidence (panel) (DSU 12), time–limits for submission, accelerated procedures (SCM 4.3) and SCM 192–4
expert evidence (DSU 13.2/SPS 11.2), SCM 4.2 (statement of available evidence) and SCM 194
export subsidy, prohibited (SCM, Part II)
“contingent in fact …” (SCM 3.1(a))
case-by-case approach SCM 141–2
close connection, need for SCM 132
examination of all relevant facts, need for (SCM 3.1(a) footnote 4) SCM 141
facts at time of establishment of conditions for grant, limitation to SCM 142
knowledge or expectation, sufficiency SCM 145
“tied to” (SCM 3.1(a) footnote 4) SCM 132
information or technical advice, panel’s right to seek (DSU 13.1/SPS 11.2), “from any individual or body”, parties, frequency of exercise DSU 746
multiple panels/same parties/same dispute (DSU 9.3) DSU 182
ordinary meaning of terms used in covered agreements
“contingent” (SCM 3.1) SCM 132
“statement of available evidence” (SCM 4.2) SCM 192
“tied to” (SCM 3.1(a)) SCM 132
relationships within and between agreements, DSU 19.1/SCM 4.7 DSU 992
standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6), law vs fact, panel as trier of facts DSU 604
standard/powers of review (panel) (DSU 11)
“objective assessment of the ´Ú²¹³¦³Ù²õ” /alleged disregard or distortion of the evidence
evidence, alleged disregard or distortion by panel, obligation to examine and evaluate evidence DSU 604
obligation to examine and evaluate all the evidence available to it DSU 604
“objective assessment of matter before it”, SCM 4.2 (statement of available evidence) and SCM 193
termination of panel DSU 182
Australia — Automotive Leather II (Article 21.5 — US) (Panel), WT/DS126/RW and Corr.1, DSR 2000:III
adverse effects (SCM 5), obligation to remove adverse threats or withdraw subsidy (SCM 7.8), “withdrawal of subsidy without delay” (SCM 4.7) compared SCM 208, 215
countervailing duties (SCM Part V), “throught the effects of subsidy” (SCM 19), retroactive effect of withdrawal of subsidy (SMC 4.7) and SCM 208, 462
evidence, acceptability as for “objective assessment” (DSU 11) purposes, public statements by company executives/government officials DSU 636
identification of specific measures (DSU 6.2), inclusion of measure, sufficiency for inclusion in terms of reference (DSU 7) DSU 374
ordinary meaning of terms used in covered agreements, “withdraw” (SCM 4.7) SCM 208
preliminary rulings on, third party rights (DSU 10 and Appendix 3) DSU 503
relationships within and between agreements, DSU 19.1/SCM 4.7 and 4.8 DSU 20, 992
review of implementation of DSB recommendations and rulings (DSB 21.5)
third party rights (DSU 10)
access to second written submissions DSU 503
right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 503
standard/powers of review (panel) (DSU 11)
“objective assessment of the ´Ú²¹³¦³Ù²õ” /alleged disregard or distortion of the evidence, public statements by company executives/government officials DSU 636
“objective assessment of matter before it”
all arguments DSU 520
independent assessment, panel’s right to choose position other than that articulated by parties DSU 520
third party enhanced rights/rights beyond those indicated in DSU 10.2, DSU 10.3 and Appendix 3, para. 6, right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 503
third party rights (Article 21.5 proceedings) DSU 503
“withdrawal of subsidy without delay” (SCM 4.7)
repayment of past subsidy/retroactive effect SCM 208–9
“bring into conformity” (DSU 19) distinguished SCM 216, DSU 20
countervailing duties (SCM 19.1) and SCM 208, 462
special or additional rules and procedures (DSU 1.2 and Appendix 2), relevance DSU 20
withdrawal of subsidy as SCM7.8 remedy compared SCM 208, 215
Australia — Salmon (AB), WT/DS18/AB/R, DSR 1998:VIII
ALOPs (SPS 5.4–5.6 and Annex A(5))
consistency in application (SPS 5.5)
alternative measure “significantly less restrictive to trade”, “taking into account technical and economic feasibility” SPS 282
comparable situations SPS 227–8
discrimination or disguised restriction of trade resulting from inconsistency, Member’s obligation SPS 220
measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6)
alternative measure “significantly less restrictive to trade” SPS 276
“appropriate level”, determination
Member’s explicit statement, right of Panel/AB to challenge SPS 271
Member’s obligation to determine [in accordance with SPS obligations] SPS 207, 220, 270
Member’s prerogative SPS 267, 529
as preliminary to decision on measure SPS 265
cumulative elements (SPS 5.6 footnote 3) SPS 257
arbitrary or unjustifiable discrimination, exclusion (SPS 2.3), ALOPs and (SPS 5.5) SPS 64
arbitrary or unjustifiable distinctions resulting in discrimination or disguised restriction on international trade (SPS 5.5), disguised restriction on international trade/warning signals SPS 237, 239
due process (dispute settlement proceedings), opportunity to respond to evidence/presentations of other parties DSU 679, 694
Equivalence, Decision on Implementation of SPS 4 (26 October 2001), Members’ obligation to determine ALOP SPS 103
identification of specific measures (DSU 6.2) DSU 228
identification of product, need for DSU 228
measure actually applied DSU 228
judicial economy, “positive solution to dispute” requirement (DSU 3.7)/false judicial economy and DSU 651
ordinary meaning of terms used in covered agreements, “l¾±°ì±ð±ô¾±³ó´Ç´Ç»å” SPS 508
panel procedures (DSU 12 and Appendix 3 (WP)), high quality reports/avoidance of delay, flexibility in achieving balance (DSU 12.2) DSU 678, 694
panel reports, high quality/flexibility of panel procedures balance (DSU 12.2) DSU 678, 694
relationships within and between agreements
SPS 2.2/SPS 5.1 SPS 45, 142, 201
SPS 2.2/SPS 5.6 SPS 282
SPS 2.3/SPS 5.5 SPS 64
request for establishment of panel, requirements (DSU 6.2)
factors to be taken into account including “available scientific evidence” (SPS 2), unknown and uncertain elements, effect SPS 142, 203
standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of analysis SPS 165
risk assessment (SPS Annex A(4)(4))
elements/three-pronged nature of test SPS 147
types of risk (“l¾±°ì±ð±ô¾±³ó´Ç´Ç»å” vs “potential”) SPS 504–5
“l¾±°ì±ð±ô¾±³ó´Ç´Ç»å” SPS 147, 508
standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6)
completion of the legal analysis in case of
disagreement with the panel DSU 862
panel’s failure to address correct issue SPS 276, 282, DSU 862
legal findings or developed interpretations, limitation to (DSU 17.13) SPS 345
“objective assessment of the ´Ú²¹³¦³Ù²õ” /alleged disregard or distortion of the evidence, discretion in assessment of evidence DSU 844
standard/powers of review (panel) (DSU 11)
“objective assessment of the ´Ú²¹³¦³Ù²õ” /alleged disregard or distortion of the evidence
discretion in assessment of evidence DSU 602
egregious error, need for DSU 614
“objective assessment of matter before it”, independent assessment, evaluation of evidence DSU 602
terms of reference of panels (DSU 7), as definition of jurisdiction/ legal claims at issue SPS 345
Australia — Salmon (Panel), WT/DS18/R and Corr.1, DSR 1998:VIII
ALOPs (SPS 5.4–5.6 and Annex A(5))
consistency in application (SPS 5.5)
comparable situations SPS 229
cumulative nature of obligations SPS 63
recommendations of relevant international organizations and SPS 87
measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6)
alternative measure “significantly less restrictive to trade” SPS 275–6
“taking into account technical and economic feasibility” SPS 282
“appropriate level”, determination
Member’s explicit statement, right of Panel/AB to challenge SPS 271
Member’s obligation to determine [in accordance with SPS obligations] SPS 270–1
arbitrary or unjustifiable distinctions resulting in discrimination or disguised restriction on international trade (SPS 5.5), disguised restriction on international trade/warning signals SPS 235–9
harmonization of SPS measures (SPS 3)
measures based on international standards (SPS 3.1)
validity of OIE standards SPS 75
“where they exist”, availability for some but not all diseases SPS 74
identification of specific measures (DSU 6.2), identification of product, need for DSU 228
interim review (DSU 15), “precise aspects of the interim report”, limitation to (DSU 15.2) DSU 779
judicial economy, prior decision on another point rendering discussion otiose SPS 593
order of analysis, specific/general provision SPS 591, 595
quantitative restrictions, elimination (GATT XI), SPS Agreement and GATT 647
relationships within and between agreements
GATT III/GATT XI SPS 593
GATT XI/SPS 2.4 SPS 591
SPS 2/SPS 3 SPS 66
SPS 2/SPS 5 SPS 66
SPS 2.2/SPS 5.1 and 5.2 SPS 201
SPS 2.2/SPS 5.1 SPS 44 n. 59
SPS 2.2/SPS 5.6 SPS 282
SPS 2.3/SPS 5.5 SPS 63
SPS 3.2/SPS 5.6 SPS 87
SPS 5.1/SPS 5.5 SPS 184
SPS 5.1/SPS 5.7 SPS 185
SPS Annex A(1)(a) and A(1)(b) SPS 486
risk assessment, need for (SPS 5.1–5.3)
arbitrary or unjustifiable inconsistencies, obligation to avoid (SPS 5.5) and SPS 184
identification of specific measures (DSU 6.2), measure actually applied DSU 228
measures “appropriate to the circumstances” (SPS 5.1) SPS 167, 171
duty to base measures on risk assessment and SPS 171
methodology
different product categories, interrelationship SPS 159
substantive obligation (SPS 5.1) distinguished SPS 190, 202
relevance of, format of the assessment, official status of report, relevance SPS 149
“sufficient scientific evidence” requirement (SPS 2.2) and SPS 201
timing of assessment (SPS 5.1) SPS 153
zero risk, unacceptability of concept SPS 164
risk assessment (SPS Annex A(4)(4))
specificity of assessment, need for SPS 507
types of risk (“l¾±°ì±ð±ô¾±³ó´Ç´Ç»å” vs “potential”) SPS 145–6, 505, 507
distinction/comparison SPS 515
scientific evidence, need for sufficient (SPS 2.2), standard/powers of review (panel), own assessment, exclusion SPS 123
SPS Agreement, QRs (GATT XI) and GATT 647
SPS measure, definition/classification as (Annex A(1)), relationship between Annex A(1)(a) and A(1)(b) SPS 486
standard/powers of review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of the legal analysis in case of, disagreement with panel finding SPS 165
standard/powers of review (panel) (DSU 11), risk assessment/ALOT (SPS Agreement), exclusion SPS 123, 217, 219
transparency of SPS regulations (SPS 7 and Annex B), enquiry points (Annex B, para. 3), obligation to identify ALOP, whether SPS 545
Australia — Salmon (Article 21.5 — Canada) (Panel), WT/DS18/RW, DSR 2000:IV
ALOPs (SPS 5.4–5.6 and Annex A(5))
consistency in application (SPS 5.5)
“appropriate level”, determination, as preliminary to/distinction from decision on measure SPS 532
“s±è±ð³¦¾±´Ú¾±³¦” SPS 222
measures “not more trade restrictive than required to achieve their appropriate level of … protection” (SPS 5.6), alternative measure “significantly less restrictive to trade”, “is reasonably available” SPS 263
arbitrary or unjustifiable discrimination, exclusion (SPS 2.3)
discrimination between different products SPS 59
elements of violation SPS 58
competence of panels andAB(DSU3.2/DSU11/DSU17), not to add to or diminish rights and obligations (DSU 3.2/19.2) SPS 503
conformity of laws, regulations and administrative procedures with °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ obligations, obligation to ensure (°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ XVI:4), non-performance of obligations under covered agreements, exclusion of domestic law as justification (VCLT 27) DSU 1679
information or technical advice, panel’s right to seek (DSU 13.1/SPS 11.2), role/value SPS 396
preliminary rulings on, third party rights (DSU 10 and Appendix 3) DSU 504
relationships within and between agreements
SPS 2/SPS 5 SPS 63
SPS 5.1 and 5.6/Annex A(4) SPS 503
review of implementation of DSB rulings (DSU 21.5)
“measures taken to comply”, parties’ assessment, relevance DSU 1121
third party rights (DSU 10), right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 504
risk assessment, need for (SPS 5.1–5.3)
identification of diseases and potential biological and economic consequences to be protected against SPS 503
timing of assessment, publication of assessment, relevance SPS 154
risk assessment (SPS Annex A(4)(4)) SPS 503
elements/three-pronged nature of test SPS 147 n. 183
SPS Agreement
applicability (SPS 1.1), measures taken by body other than central government (SPS 13) SPS 446
implementation (SPS 13), measures taken by body other than central government SPS 446
SPS control, inspection and approval procedures (SPS 8 and Annex C)
“any procedure to check and ensure”, applicability (Annex C(1) (c)), substantive and control procedures distinguished SPS 584
information requirements (Annex C(1)(c)), procedures to check compliance with SPS measures, limitation to SPS 584
State responsibility as rule/general principle of international law (ILC Articles), responsibility for act or omission of, constituent part of federal State DSU 1679
third party rights (Article 21.5 proceedings) DSU 504