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UN: see United Nations
UN Economic and Social Commission for Asia and the
Pacific/Asian Development Bank/WTO relationship, Agreement (2004) WTO 134
UN Industrial Development Organization, WTO,
agreement with (2003) WTO 134
UNCTAD
obligation to cooperate with (Doha Declaration)
WTO, agreement with (2003) WTO
134
Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU): see Dispute Settlement Understanding (DSU)
UNEP, WTO, agreement with (1999)
WTO 134
unforeseen developments:
see safeguard measures (SG/GATT XIX), conditions (SG 2), “as a result of unforeseen
developments” (GATT XIX:1(a))
unilateral action by Member, prohibition (DSU 23.1)
SCM 423, DSU 779–80,
786
examples of excluded actions (DSU 23.2) DSU
780
United Nations, WTO, Cooperation Agreement with
WTO 134
United States
ATC safeguard measures (ATC 6), TMB discussion ATC
6, 9, 25,
70–2
Enabling Clause notifications
GSP schemes GATT 31
special treatment of least-developed country Members GATT
40
Uruguay Round
AD, Annex II and AD 376
quantitative restrictions, elimination (GATT XI) and GATT
397
US — 1916 Act (AB), WT/DS136/AB/R, WT/DS162/AB/R, DSR
2000:X
Anti-Dumping Agreement (AD)
conformity with domestic
laws, regulations and administrative procedures, obligation to ensure
conformity (AD 18.4), dispute settlement procedures, applicability to AD
596
GATT VI and
AD 1 as link AD
709, 712
dumping, constituent elements (AD 2/GATT VI:1)
material
injury to domestic industry or threat thereof GATT
337, 338
specific reference in legislation, relevance GATT
327
“may levy” (GATT VI:2) as limitation to Member’s
choice whether or not to impose anti-dumping duty (AD 9) GATT
323, 339, AD
479
principles (AD 1), “anti-dumping measure” AD
1
consultation and dispute settlement (AD 17)
GATT XXII
and XXIII compared AD 593–4
“matter”, referral to DSB (AD 17.4), identification
of measure at issue, need for (DSU 6.2), identification as anti-dumping duty,
acceptance of price undertaking or provisional measure, need for AD
608
decisions, procedures and customary practices under GATT
1947 (WTO XVI:1) GATT 334
determination of dumping (AD 2), constituent elements,
intention of dumping, whether (AD 2/GATT VI:1) GATT
337
interim review (DSU 15), objection to jurisdiction
during, timeliness DSU 249, 981
interpretation of covered agreements
ordinary meaning
“anti-dumping measure” AD
1
“specific action against dumping” GATT
322
specific terms and phrases “may” (GATT VI:2) GATT
323
legislation as such, right to challenge (WTO XVI:4)
AD 17.3/AD 17.4 GATT 334–5,
AD 593–7,
608–10
GATT 1947, XXIII:1(a) and GATT
334
mandatory/discretionary legislation, distinguishability GATT
334, AD 599,
DSU 176
GATT practice AD 603, DSU
176, 182
relevance DSU 190
preliminary rulings on, timing of objections DSU
981
relationships within and between agreements
AD 9.4/GATT VI:2 GATT
323, AD 479
AD 17/AD 18 AD 596
AD 17/GATT XXII and XXIII AD
593–4
specific action against dumping (AD 18.1) or subsidy
(SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement GATT
322, AD 666
action under other relevant provisions of GATT 1994
distinguished (AD 18.1, footnote 24) GATT 322,
AD 666
“except in accordance with the provisions” SCM
393
“legislation as such” AD
596
standard/powers of Review (Panel) (DSU 11)
claims against legislation as such GATT
334
objections, requirements, timeliness DSU
249, 981
third party rights
panel proceedings (DSU 10 and Appendix 3)
enhancement in accordance with due process, panel’s
discretion and DSU 317
multiple complainants (DSU 9) and DSU
308
as sole basis of rights DSU 310
Working Procedures (appellate review (DSU 17.9 and
ABWP)), oral hearings (ABWP 27), joint DSU 879
US — 1916 Act (EC) (Panel), WT/DS136/AB/R and Corr.1,
DSR 2000:X
Anti-Dumping Agreement (AD)
GATT VI and
AD 1 as link AD 710
AD Agreement as context AD
706–7
AD Agreement and GATT 1994 as integral part of WTO
Agreement AD 479, 706–7
separability of provisions AD
706
violation of GATT VI, sufficiency for finding of
violation of AD 2.1 and 2.2 GATT 316, AD
97
determination of injury (AD 3), as detailed version of
GATT VI GATT 347, AD
219
interpretation of covered agreements
guidelines
effectiveness principle (ut res magis valeat quam
pereat/effet utile) AD 599
interpretation of covered agreements, guidelines,
effectiveness principle (ut res magis valeat quam pereat/effet utile),
meaning to be attributed to every word and phrase AD
706
means, context (VCLT 31.2), AD Agreement as AD
707
legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability
AD 599, 676
municipal law
as evidence of, compliance with
international obligations, interpretation of legislation distinguished DSU
359
n. 550
as fact for purposes of international adjudication DSU
358
decisions of municipal courts, applicability DSU
359
legislative history, relevance DSU
360
national treatment, regulatory discrimination (GATT
III:4), anti-dumping (GATT VI) and GATT 288–90,
343
order of analysis, specific/general provision GATT
265
panel reports, legal status, unadopted reports AD
599
relationships within and between agreements
AD 3/GATT VI GATT 347
AG 3/GATT VI:1 AD 219
specific/general provision, as general principle of
international law AD 343 n. 445
specific action against dumping (AD 18.1) or subsidy
(SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement “except
in accordance with the provisions” GATT
331, AD
669
standard/powers of Review (Panel) (DSU 11), claims
against legislation as such AD 608
third party rights
panel proceedings (DSU 10 and Appendix 3)
enhancement in accordance with due process, agreement
between the parties, relevance DSU 316
multiple complainants (DSU 9) and DSU
316
US — 1916 Act
(Japan) (Panel), WT/DS162/R and Add.1,
DSR 2000:X
AD 18.1/other AD articles AD
684–5
Anti-Dumping Agreement (AD)
conformity with domestic
laws, regulations and administrative procedures, obligation to ensure
conformity (AD 18.4), finding of non-conformity under any AD provision WTO
228, AD 684–5
GATT VI and
AD 1 as link AD 711
quantitative restrictions (GATT XI) and GATT
426
separability of provisions GATT
346, AD 706
interpretation of covered agreements, means, preparatory
work (VCLT 32), WTO Agreement GATT 339
national treatment, regulatory discrimination (GATT
III:4), GATT VI and GATT 291–2,
343
quantitative restrictions, elimination (GATT XI), GATT
VI and GATT 420
relationships within and between agreements
AD/GATT VI AD 711
AD/GATT XI GATT 426,
AD 713
GATT VI/GATT XI GATT 344,
420
specific action against dumping (AD 18.1) or subsidy
(SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement,
action under other relevant provisions of GATT 1994 distinguished (AD 18.1,
footnote 24) AD 670
standard/powers of Review (Panel) (DSU 11), claims
against legislation as such AD 608
third party rights
panel proceedings (DSU 10 and Appendix 3)
enhancement in
accordance with due process, agreement between the parties, relevance DSU
316
multiple complainants (DSU 9) and DSU
316
WTO Agreement, obligation to ensure conformity of
domestic laws, regulations and administrative procedures (WTO XVI:4) WTO
228
US — 1916 Act
(Article 22.6
— US), WT/DS136/ARB, DSR
2004:IX
arbitration (DSU 22.6)
“by the original panel” DSU
688
scope of review/arbitrators’ mandate (DSU 22.7),
suspension of concessions or “other obligations”, limitations on role DSU
704
burden of proof, suspension of concessions, conformity
with DSU 22.4 DSU 690
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22)
level equivalent to nullification or impairment (DSU
22.4)
changes in level after authorization DSU
725–6
court judgments and DSU 719,
757
deterrent/”chilling” effect DSU
721
“equivalent”, qualitative test DSU
736–8,
757
litigation costs and DSU 722
reasoned estimates, need for DSU
715
settlement agreements and DSU
720, 757
zero level, exclusion DSU 710
nature and purpose of counter measures DSU
649
“or other obligations”, authorization to suspend
(DSU 22.2) DSU 669
specificity requirement DSU 672
US — 1916 Act (Article
21.3), WT/DS136/11,
WT/DS162/14, DSR 2001:V, implementation of recommendations and rulings of the
DSB (DSU 21), impracticality of immediate compliance/reasonable period of time
(DSU 21 3 chapeau) “reasonable period” “time … shorter or longer, depending on the particular circumstances” (DSU
21.3(c)) DSU 540
US — Canada Tuna (GATT Panel), BISD 295/91,
request for establishment of panel, requirements (DSU 6.2), identification of
specific measures at issue, termination of measures following agreement on
terms of reference DSU 258 n. 370
US — Carbon Steel (AB), WT/DS213/AB/R and Corr.1, DSR
2002:IX
burden of proof, mandatory/discretionary legislation
distinction DSU 177, 1000,
1001
competence of panels and AB (DSU 3.2), not to add to or
diminish rights and obligations (DSU 3.2/19.2) SCM
317
countervailing duties (SCM, Part V)
balance between rights and obligations relating to, need
for SCM 499
preconditions (SCM 19.1), standard of proof (SCM 22.1) SCM
321
public notice and explanation of determinations (SCM
22), standard of proof (SCM 22.1) SCM 321
as remedy to offset benefits of subsidies SCM
499
developing country Members (SCM 27), de minimis subsidization
threshold (SCM 27.10 and 27.11) SCM 384
due process (dispute settlement proceedings),
notification of nature of case DSU 157
evidence, acceptability as, practice in application of
laws DSU 177
good faith (including pacta sunt servanda principle
(VCLT 26)), dispute settlement procedures, engagement in (DSU 3.10),
obligation to challenge deficient procedures promptly DSU
108
information or technical advice, panel’s right to seek
(DSU 13/SPS 11.2), panel’s rights, not to seek DSU
346
interpretation of covered agreements
guidelines
object
and purpose, preamble as evidence of SCM 499
same or closely related phrases in different agreements, cross-referencing, role
SCM 253–4,
304
means
footnotes to treaty SCM
256
preamble of agreement under consideration, as evidence
of object and purpose SCM 499
preparatory work (VCLT 32), SCM 11 SCM
255
investigation of dumping (AD 5)/subsidy (SCM 11)
preparatory work (VCLT 32) SCM
255
Secretariat Note for the Uruguay Round Negotiating Group
on Subsidies and Countervailing Measures (1987), relevance SCM
255
procedural nature of provisions SCM
250, 252
termination (SCM 11.9)
de minimis standard, applicability SCM
250–7,
316–17
developing country Members (SCM 27.10) SCM
384
grounds SCM 249
limitation of provisions to investigation phase SCM
250
legislation as such, right to challenge (WTO XVI:4),
mandatory/discretionary legislation, distinguishability, burden of proof and DSU
177, 1001
relationships within and between agreements
SCM 11.6/SCM 21.3 SCM 314
SCM 11.9/SCM 21.3 SCM 250–7,
316–17
request for establishment of panel, requirements (DSU
6.2)
compliance, importance of
demonstration of on the “face
of the request”, need for DSU 236
opportunity to cure defect DSU
157, 163
legal basis of claim, summary, sufficiency DSU
163
SCM Agreement, object and purpose (SCM 1), balanced
framework of rights and obligations relating to countervailing duties SCM
499
standard/powers of Review (Panel) (DSU 11), “objective
assessment of the facts”, evidence, alleged disregard
or distortion by panel, discretion in selection of evidence to refer to
explicitly DSU 345
subsidy, definition (SCM 1), level of subsidy, relevance
SCM 256
sunset review (SCM 21.3)
burden/standard of proof
original investigation requirements (SCM 11 and 12) distinguished
SCM 305–6
SCM 11.6, relevance SCM
314
de minimis standard
absence of reference to, relevance SCM
253–7
termination of investigation provisions (SCM 11.9) distinguished
SCM 250, 316–17
as threshold test SCM
251, 256
original investigation requirements distinguished SCM
305–6, 312–13
“likely to lead to continuation or recurrence of
subsidization and injury” test (SCM 21.3) SCM
308–10
preparatory work (VCLT 32) SCM
257
self-initiation, right of SCM
303
terms of reference of panels (DSU 7), as definition of
jurisdiction/legal claims at issue DSU 246
US — Carbon Steel (Panel), WT/DS213/R and Corr.1, DSR
2002:IX
interpretation of covered agreements, means, same or
closely related phrases in different agreements, SCM 21.2/AD and SPS
Agreements SCM 309
relationships within and between agreements, SCM
11.6/SCM 21.3 SCM 314–15
request for establishment of panel, requirements (DSU
6.2), identification of specific measures at issue, expedited sunset review,
need for specific inclusion DSU 206
sunset review (SCM 21.3)
AD 11.2 standard, applicability SCM
309
burden/standard of proof, SCM 11.6, relevance SCM
314–15
US — Certain EC Products (AB), WT/DS165/AB/R, DSR
2001:I and DSR 2001:II
burden of proof, prima facie case, need for, “prima
facie” DSU 286
competence of panels and AB (DSU 3.2)
not to add to or diminish rights and obligations (DSU
3.2/19.2) DSU 84
right to develop own legal reasoning including arguments
not adduced by parties (jura novit curia) DSU
224 n. 322
relationships within and between agreements
DSU 3.7/DSU 22.6 and DSU 22.3(c) DSU
786
GATT II/GATT XI GATT 109
request for establishment of panel, requirements (DSU
6.2)
identification of specific measures at issue
specificity sufficient to
present the problem clearly DSU 286
termination of measures before agreement on terms of
reference DSU 264
Schedules of Concessions (GATT II), treatment no less
favourable than that provided in appropriate schedule (GATT II:1(a)), bonding
requirements, imposition of import duties distinguished GATT
69, 88,
109
standard/powers of Review (Panel) (DSU 11), “objective
assessment of matter before it”, ultra petita finding on provision
not before it DSU 331
sunset review (SCM 21.3), object and purpose of SCM as a
whole SCM 315
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22), authorization, need for (DSU 3.7, 22.6
and 23.2(c)), suspension without authorization as breach of DSU 3.7 DSU
785
terms of reference of panels (DSU 7), as definition of
jurisdiction/legal claims at issue, failure to make specific mention of
alleged inconsistency (DSU 23.2(a)) DSU 286
US — Certain EC Products (Panel), WT/DS165/R and
Add.1, DSR 2001:I and DSR 2001:II
Customs Valuation Agreement (VAL)
applicable law/tariff, tariff in force on day of
importation VAL 12
delay in final determination of customs value (VAL 13),
changes to tariff after importation, relevance to VAL 12
Dispute Settlement Understanding (DSU)
obligation to have recourse to (DSU 23.1)
prohibition of suspensions prior to completion of DSU 22 procedures
DSU 784
in “seeking redress of WTO violation” DSU
781
fees and formalities connected with importation and
exportation (GATT VIII), “limited … to the approximate cost of services
rendered” (GATT VIII:1(a)), bonding requirements GATT
357
implementation of panel or AB recommendations (DSU
19.1), measure terminated in course of proceedings/no longer in existence DSU
498
interpretation of covered agreements, means,
dictionaries DSU 781
MFN treatment (GATT I:1), “accorded immediately and
unconditionally to the like product”, differential treatment on the basis of
origin of product and GATT 23
quantitative restrictions, elimination (GATT XI), “prohibition
or restriction” (GATT XI:1), bonding requirements GATT
410, 416
relationships within and between agreements
DSU 23.1/DSU 23.2 DSU 780
GATT II/GATT XI GATT 109
request for establishment of panel, requirements (DSU
6.2), identification of specific measures at issue, termination of measures
before agreement on terms of reference DSU 264
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22), authorization, need for (DSU 3.7, 22.6
and 23.2(c)) DSU 784
unilateral action by Member, prohibition (DSU 23.1) DSU
779–80
examples of excluded actions (DSU 23.2) DSU
780
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP)), separate opinion (DSU 14.3) GATT 109
US — Corrosion-Resistant Steel Sunset Review (AB),
WT/DS244/AB/R and Corr.1, DSR 2004:I
Anti-Dumping Agreement (AD)
conformity with domestic laws, regulations and
administrative procedures, obligation to ensure conformity (AD 18.4)
dispute settlement procedures, applicability to AD
677
“laws, regulations and administrative procedures”, normative value as determining factor
DSU 174,
180
consultation and dispute settlement (AD 17), special or
additional rule and procedure (DSU 1.2 and Appendix 2), whether DSU
9
interpretation of covered agreements
guidelines, security and predictability (DSU 3.2) DSU
179
means, same or closely related phrases in same
agreement, AD 11.2/AD 11.3 AD 528
specific terms and phrases, “laws, regulations and
requirements” (AD 18.4) DSU 174, 181
legislation as such, right to challenge (WTO XVI:4)
analysis of legislation, method DSU
178
mandatory/discretionary legislation, distinguishability,
relevance AD 602–3, DSU 192–3
normative value as determining factor DSU
174,
179–81
rationale DSU 179
national treatment, regulatory discrimination (GATT
III:4), “requirements”, non-mandatory measures GATT
254
prompt and satisfactory resolution of disputes, Members’
right to (DSU 3) impairment of benefits by measures taken by another Member (DSU 3.3), “measure taken by another Member”
DSU 86
relationships within and between agreements, AD 2.4/AD
11.3 AD 519
special or additional rules and procedures for dispute
settlement (DSU 1.2 and Appendix 2), AD 17, whether DSU
9
State responsibility for breach of international
obligations, for acts or omissions of executive DSU
86, 169–70
sunset review (AD 11.3) (including “likelihood”
test)
company-specific determination, need for AD
528
investigatory role of authorities AD
513–14
mandatory rule/exception AD
510
methodology
absence of specific provision AD
518–19, 528,
529
AD 2.4 disciplines, applicability AD
519
dumping margins, relevance AD
518–19
original investigation distinguished AD
512
“positive evidence”, need for, presumptions,
exclusion AD 524–5
US — Corrosion-Resistant Steel Sunset Review (Panel),
WT/DS244/R, DSR 2004:I
evidentiary rules (investigation of dumping) (AD 6),
facts available to investigating authority, right of resort to (AD 6.8/Annex
II), time limits, right to set (AD 6.1.1), sunset reviews and AD
318
interpretation of covered agreements, means, same or
closely related phrases in different agreements, cross-referencing, role AD
533, 538
investigation of dumping (AD 5)/subsidy (SCM 11)
rejection of application (AD 5.8), de minimis test, sunset review (AD
11.3), applicability to AD 534–6
self-initiation (AD 5.6), sunset review (AD 11.3),
applicability of rules to AD 532–3
legislation as such, right to challenge (WTO XVI:4),
policy document, whether (US Sunset Policy Bulletin) GATT
378
publication and administration of trade regulations
(GATT X), uniform, impartial and reasonable administration (GATT X:3(a)), as
procedural requirement GATT 377–8
relationships within and between agreements
AD 5.6/AD 11.3 AD 532–3
AD 5.8/AD 11.3 AD 534–6,
538–9
AD 6.1 and 6.2/AD 11.4 AD
318
sunset review (AD 11.3) (including “likelihood”
test)
de minimis test (AD 5.8), applicability AD
534–6, 538
methodology, absence of specific provision AD
517
“positive evidence”, need for AD
514, 515
self-initiation, applicability of AD 5.6 evidentiary
standards AD 532–3
US — Cotton Yarn (AB), WT/DS192/AB/R, DSR 2001:XII
directly competitive or substitutable products (GATT
III:2) ATC 61
criteria
interchangeability ATC 61,
64
potential to compete as determining factor ATC
61,
64
“directly” ATC 61,
64, 65
good faith (including pacta sunt servanda principle
(VCLT 26)), as fundamental rule of treaty interpretation/performance DSU
46
n. 52
interpretation of covered agreements, means, same or
closely related phrases in different agreements, GATT III:2/ATC 6.2 ATC
62
proportionality
attribution of damage (ATC 6.4) ATC
89
countermeasures/suspension of concessions (DSU 22.4) and
ATC 87
safeguard measures (ATC 6.4) and ATC
87
State responsibility for breach of international
obligation and ATC 87, DSU 71
relationships within and between agreements
ATC 6.4, possible findings under ATC
84
GATT III:2/ATC 6.2 ATC 61–2
standard/powers of Review (Panel) (DSU 11)
“objective assessment of the facts” de novo review exclusion AG 149,
DSU 326
reasoned and adequate explanation (SG 3.1), need to
confirm AG 149
relevant factors, position of Member at time of
determination ATC 44
serious damage or actual threat thereof (ATC 6.2)/SG 4,
Member’s determination of
applicability of DSU 11 DSU 391
evidence available to Member, limitation to ATC
44,
DSU 374
temporal scope, evidence available to Member, limitation
to ATC 44, DSU 374
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22), level equivalent to nullification or
impairment (DSU 22.4), proportionality, need for ATC
87
transitional safeguards (ATC 6)
application of transitional safeguards (ATC 6.4) ATC
39
attribution of damage from “sharp and substantial
increase in imports” (ATC 6.4) ATC 39, 80–3
comparative analysis ATC 85–90
“factors” ATC 89
“from a Member” ATC 86–8
“from a Member or Members individually” ATC
82
proportionality and ATC 89
relevant factors ATC 39,
50
serious damage or actual threat thereof (ATC 6.2),
Member’s determination of, requirements ATC 39
“directly competitive”
GATT III:2, applicability ATC
62
proximity of relationship, relevance ATC
63
“domestic industry producing like and/or directly
competitive products”
“and/or” ATC 67
captive production ATC 66
“producing” ATC 60
product-oriented definition ATC
59
due diligence, available evidence, limitation to ATC
44,
DSU 374
US — Cotton Yarn (Panel), WT/DS192/R, DSR 2001:XII
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB to make suggestions DSU
511
transitional safeguards (ATC 6)
attribution of damage from “sharp and substantial
increase in imports” (ATC 6.4), “from a Member or Members individually” ATC
84
attribution of damage from “sharp and substantial
increase in imports” (ATC 6.4) (ATC 6.4), “sharp and substantial increase
in imports” ATC 83
serious damage or actual threat thereof (ATC 6.2),
Member’s determination of, requirements
investigation period, length ATC
57
“or actual threat thereof” ATC
54–5
“serious damage”, change of equipment, whether ATC
56
US — Countervailing Measures on Certain EC Products
(AB), WT/DS212/AB/R, DSR 2003:I
amicus curiae briefs, panel’s authority/discretion
to accept or reject DSU 1053
due process (dispute settlement proceedings)
notice of
appeal, requirements (ABWP 20(2)) DSU 855
opportunity to defend oneself DSU
855
implementation of panel or AB recommendations (DSU 19.1), choice of means at Member’s discretion
(DSU 21.3) DSU 529
legislation as such, right to challenge (WTO XVI:4),
mandatory/discretionary legislation, distinguishability, relevance WTO
232, DSU 191
notice of appeal, requirements (ABWP 20(2))
amendment/clarification DSU 864
due process and DSU 855, 858
notification of allegation of panel’s failure to make
objective assessment (DSU 11) DSU 866
statement of allegation of error on issues of law/legal
interpretations (ABWP 20(2)(d)) DSU 850
paragraph numbers/extracts from panel report,
sufficiency DSU 858
as trigger for appeal process (ABWP 20(1)) DSU 855
SCM Agreement, conformity of laws, regulations and
administrative procedures with SCM Agreement (SCM 32.5) SCM
406
Working Procedures (appellate review (DSU 17.9 and
ABWP)), “appropriate procedure for the purpose of that appeal only” (ABWP
16(1)) DSU 850
US — Countervailing Measures on Certain EC Products
(Panel), WT/DS212/R, DSR 2003:I
countervailing duties (SCM, Part V), “countervailing
duty” (SCM 10, footnote 36), “offsetting” requirement SCM
236
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB not to make suggestions DSU
524
legislation as such, right to challenge (WTO XVI:4),
mandatory/discretionary legislation, distinguishability, relevance WTO
231
SCM Agreement, conformity of laws, regulations and
administrative procedures with SCM Agreement (SCM 32.5) SCM
405
US — DRAMS (Panel), WT/DS99/R, DSR 1999:II
Anti-Dumping Agreement (AD)
applicability (AD 18.3)
pre-/post-WTO reviews AD
674
“reviews of existing measures” AD
673
anti-dumping duties, duration and review (AD 11)
AD 11.1 as general principle underlying AD 11.2 and 3 AD
490
“injury” (AD 3, footnote 9) AD
502, 506
“likely to lead to continuation or recurrence” (AD
11.2)
“not likely” test AD
494, 503
probability, need for AD
504
sunset review (AD 11.3) and AD
504
“necessary to offset dumping” (AD 11.2) AD
494,
496–501
necessity (AD 11.1) and AD
494, 496
standard of proof AD
500, SCM
309
sunset review (AD 11.3) and AD
497, 498
necessity (AD 11.1) AD
490–2
“no-dumping” finding (AD 11.2), timing of revocation
of anti-dumping duty AD 498
“warranted” (AD 11.2) AD
505
anti-dumping duties, imposition and collection (AD 9),
assessment (AD 9.3), de minimis test, AD 5.8 distinguished AD
289,
461–3
determination of dumping (AD 2)
cost data (AD 2.2.1.1)
burden of proof AD 33
“in accordance with generally accepting accounting
principles” AD 29
“reasonably reflect costs” requirement AD
29
records kept by the exporter or producer under
investigation, limitation to AD 29
evidentiary rules (investigation of dumping) (AD 6),
accuracy of information, authorities’ obligation to satisfy themselves (AD
6.6), “satisfy themselves” AD 365
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB not to make suggestions DSU
515
interpretation of covered agreements
applicable law
customary rules of interpretation of public international law [as codified in
the Vienna Convention on the Law of Treaties (1969)]
AD 18 AD 665
DSU 3.2 SPS 3, AD
665
guidelines, effectiveness principle (ut res magis
valeat quam pereat/effet utile) AD 497–8
specific terms and phrases, “injury” (AD 3, footnote
9) AD 502, 506
investigation of dumping (AD 5)/subsidy (SCM 11)
rejection of application (AD 5.8)
“cases”, anti-dumping duty assessment (AD 9.3),
relevance AD 288–9
de minimis test, anti-dumping duty assessment (AD 9
3) distinguished AD 289 461–3
legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability
AD 600, DSU 184
publication and administration of trade regulations
(GATT X), Anti-Dumping Agreement and GATT 393
relationships within and between agreements
AD 5.8/AD 9.3 AD 288–9,
461–3
AD 11.1/AD 11.2 AD 494
AD 11.2/AD 11.3 AD
497, 504
AD 11.2/AD 11.3, footnote 22 AD
498
AD 11.2/GATT I and X GATT
393
AD as integrated whole AD
665
State responsibility for breach of international
obligations, for acts or omissions of executive DSU
86 n. 113
sunset review (AD 11.3) (including “likelihood”
test), duration and review of anti-dumping duties (AD 11.2) and AD
504
US — Export Restraints (Panel), WT/DS194/R and Corr.2,
DSR 2001:XI
good faith (including pacta sunt servanda principle
(VCLT 26)), as fundamental rule of treaty interpretation DSU
45
interpretation of covered agreements
means
preparatory work (VCLT 32) DSU
36
SCM Agreement (SCM 1) SCM
8
legislation as such, right to challenge (WTO XVI:4)
mandatory/discretionary legislation, distinguishability AD
602 n. 754, SCM 64
relationships within and between agreements DSU
186
“practice” AD
604 n. 763
order of analysis, mandatory/discretionary nature of
legislation/substance DSU 186
request for establishment of panel, requirements (DSU
6.2)
identification of specific measures at issue
independent operational status of each listed measure,
need for DSU 172
“practice” as measure DSU
196
SCM Agreement, object and purpose (SCM 1), multilateral
disciplines on subsidies distorting international trade SCM
498
subsidy, definition (SCM 1)
financial contribution (SCM 1.1(a)(1)) DSU
196
conferral of benefit (SCM 1.1(b)) as parallel requirement
SCM 5
payments to a funding mechanism (SCM 1.1(a)(1)(iv)) SCM
8, 38–44
“entrusts or directs” SCM
39–40
“private body” SCM 41
“type of function” SCM
37, 42–3
preparatory work (VCLT 32) SCM
8
transfer of economic resources from grantor to recipient
for less than full consideration SCM 8
US — FSC dispute (WT/DS108)
arbitration (DSU 22.6)
timing in relation to Article 21.5 arbitration (“sequencing”),
ad hoc procedural agreements
direct recourse to Article 22 DSU
632
withdrawal of Article 22 arbitration request DSU
631
implementation of recommendations and rulings of the DSB (DSU 21), impracticality of immediate
compliance/reasonable period of time (DSU 21.3, chapeau), “reasonable period”,
amendment DSU 564
US — FSC (AB), WT/DS108/AB/R, DSR 2000:III and DSR
2000:IV
consultations (SCM 4.1–4)
accelerated nature of proceedings, effect SCM
145
“statement of available evidence” (SCM 4.2) SCM
145
DSU 4.4 distinguished SCM
145
evidence of nature as subsidy, need for SCM
145
failure to submit, effect SCM
147
costs of marketing exports (AG 9.1(d))
general business costs distinguished AG
77
income tax, whether AG
77
decisions procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports (adopted)
SCM 83
double taxation measures, justification (Illustrative
List, SCM Annex I (item (e)), footnote 59), “foreign-source income” SCM
119–20, 435
double taxation measures, justification (Illustrative
List, SCM Annex I(item (e)), Footnote 59), applicable law/Member’s right to
determine applicable rules SCM 432, 435
export subsidy commitments, prevention of circumvention
(AG 10.1)
“applied in a manner which results in, or which
threatens to lead to, circumvention …” AG
80
tax exemption AG 80
“circumvention”
scheduled and unscheduled products, distinction, whether
AG 80
threat of circumvention, sufficiency AG
80
“commitments” AG 79
export subsidy, AG 3.3 prohibition and AG
80
export subsidy, prohibited (AG 3.3)
provision of export subsidies under AG 9.1, dependence
on AG 14–15
scheduled products AG 14–15
export subsidy, prohibited (SCM, Part II)
“contingent upon export performance” (SCM 3.1(a)) AG
9–10
GATT XVI:4 distinguished SCM
83
GATT 1994, constituent elements (GATT 1994, Art. 1), “other decisions of the Contracting Parties to GATT
1947” (Art. 1(b)(iv)), adopted panel reports, whether GATT
5, SCM
82–3
GATT 1994, constituent elements (GATT 1994, Art. 1), “other decisions of the Contracting Parties to GATT
1947” (Art. 1(b)(iv)), adopted panel reports, whether SCM
82–3
GATT 1994, WTO Agreement, incorporation into (WTO Annex
1A), decisions of Contracting Parties to GATT 1947 (WTO Annex 1A, 1(b)(4)),
GATT Council Understanding on tax legislation (1981), whether SCM
82–3
good faith (including pacta sunt servanda principle
(VCLT 26))
dispute settlement procedures, engagement in (DSU 3.10) DSU
105
obligation to challenge deficient procedures promptly SCM
147
as fundamental rule of treaty interpretation/performance
DSU 105
as general principle of international law SCM
147
as general principle of law SCM
147
Illustrative List of Export Subsidies (SCM Annex I)
remission or deferral of direct taxes (item (e))
deferral not amounting to export subsidy (footnote 59) SCM
118
third and fourth sentences as remedies SCM
120
social welfare charges (item (e)), footnote 59,
relevance SCM 80–1
income tax, marketing cost, whether AG
78
interpretation of covered agreements
means
“any subsequent practice … which establishes the
agreement of the parties regarding its interpretation” (VCLT 31(1)(b)), GATT
decisions including adoption of panel reports WTO
220, SCM 83
dictionaries AG 78
same or closely related phrases in different agreements,
AG 1(e)/SCM 3.1(a) AG 9
panel reports, legal status, “other decisions of the
Contracting Parties to GATT 1947” (GATT 1994 Art. 1(b)(iv)), whether GATT
5, SCM 82–3
relationships within and between agreements
GATT XVI:4/SCM 1.1(a) and 3.1(a) GATT
456, SCM
83
SCM 1.1/SCM 3.1(a) DSU 916
SCM 1.1/SCM, footnote 59 DSU
907, 916
SCM Agreement, Permanent Group of Experts (PGE), panel’s right to establish (SCM 4 5)
SCM 145
SCM Agreement, consultation and dispute settlement/remedies (SCM 4), “statement of available
evidence” (SCM 4.2) SCM 145
special or additional rules and procedures for dispute
settlement (DSU 1.2 and Appendix 2), SCM 4.2 as SCM
145
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6)
issues not litigated before Panel SCM
120
new arguments DSU 459
subsidy, definition (SCM 1)
financial contribution (SCM 1.1(a)(1)) AG
7
foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii))
national tax rules as normative benchmark SCM
23
“otherwise due” /basis of comparison (“but for”
test) SCM 23, 25
tax exemption, as circumvention of export subsidy
commitments (SCM 1), “categories of revenue” subject to or exempt from,
right to determine SCM 20–1
Working Procedures (appellate review (DSU 17.9 and
ABWP))
fair, prompt and effective resolution of disputes as
object and purpose SCM 147, DSU
107, 135
timetable, modification in exceptional circumstances
(ABWP 16(2)) DSU 852
US — FSC (Panel), WT/DS108/R, DSR 2000:III and DSR
2000:IV
consultations (SCM 4.1–4)
accelerated nature of proceedings, effect SCM
145
“statement of available evidence” (SCM 4.2)
explicit reference, relevance SCM
146
ordinary meaning SCM 146
costs of marketing exports (AG 9.1(d)), income tax,
whether AG 77
GATT 1994, constituent elements (GATT 1994, Art. 1)
“other
decisions of the Contracting Parties to GATT 1947” (Art. 1(b)(iv))
adopted panel reports, whether SCM
82–3
“legal instruments” (WTO Annex 1A, 1(b)) WTO
224, SCM 82–3
GATT 1994, WTO Agreement, incorporation into (WTO Annex
1A), decisions of Contracting Parties to GATT 1947 (WTO Annex 1A, 1(b)(4)),
GATT Council Understanding on tax legislation (1981), whether SCM
82–3
interpretation of covered agreements
means, “any subsequent practice … which establishes
the agreement of the parties regarding its interpretation” (VCLT 31(1)(b)),
GATT decisions including adoption of panel reports WTO
221, SCM 83
ordinary meaning, “statement of available evidence”
(SCM 4.2) SCM 146
panel reports, legal status, “other decisions of the
Contracting Parties to GATT 1947” (GATT 1994 Art. 1(b)(iv)), whether SCM
82–3
relationships within and between agreements, WTO
XVI:1/GATT 1994, Art. 1(b) WTO 224
request for establishment of panel, requirements (DSU
6.2), identification of specific measures at issue, identification of product,
need for DSU 210
SCM Agreement, consultation and dispute
settlement/remedies (SCM 4), “statement of available evidence” (SCM 4.2) SCM
145
subsidy, definition (SCM 1), financial contribution (SCM
1.1(a)(1)), foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)), “otherwise
due” /basis of comparison (“but for” test) SCM
25
US — FSC (Article 21.5
— EC) (AB), WT/DS108/AB/RW,
DSR 2002:I
burden of proof, double taxation measures, justification
SCM 440
double taxation measures, justification (Illustrative
List, SCM Annex I (item (e)) footnote 59)
burden of proof SCM 440
“foreign-source income” SCM
431, 433–4,
436–9
design, structure and architecture of measures,
relevance SCM 431, 433,
434, 436
international tax law principles and SCM
437
nexus between income and activities in foreign State,
need for SCM 438–9
double taxation measures, justification (Illustrative
List, SCM Annex I(item (e)), Footnote 59)
applicable law/Member’s right to determine applicable
rules SCM 433–4,
436–9
international tax law principles SCM
437
export subsidy commitments, prevention of circumvention
(AG 10.1)
“applied in a manner which results in, or which
threatens to lead to, circumvention …” AG
81
tax exemption AG 81
“circumvention”, scheduled and unscheduled products,
distinction, whether AG 81
export competition commitments (AG 8) and AG
81
export subsidy, AG 3.3 prohibition and AG
81
export subsidy, prohibited (SCM, Part II), “contingent
upon export performance” (SCM 3.1(a)), subsidy available to property
produced either within or outside subsidizing State SCM
110–12
GATS Agreement, “affecting” (GATS I:1), GATT III:4
compared GATT 263
interpretation of covered agreements
means, international tax law principles SCM
437
specific terms and phrases, “contingent” (SCM 3.1) SCM
89
national treatment, regulatory discrimination (GATT
III:4)
“affecting” GATT 263
GATS 1:1 compared GATT 263
“less favourable treatment”
formal differentiation in treatment, relevance GATT
273
market effect as test GATT
273
preliminary rulings on, third party rights DSU
964
review of implementation of DSB rulings (DSU 21.5), “measures
taken to comply”, examination on basis of facts proved during panel
proceedings, limitation to DSU 611
subsidy, definition (SCM 1), financial contribution (SCM
1.1(a)(1)), foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)), “otherwise
due” /basis of comparison (“but for” test) SCM
18, 24
tax exemption, as circumvention of export subsidy
commitments (SCM 1), extraterritorial income SCM
26
third party rights
panel proceedings (DSU 10 and Appendix 3)
enhancement in
accordance with due process, panel’s discretion and DSU
311
as sole basis of rights DSU 312
“withdrawal of subsidy without delay” (SCM 4.7), “without
delay”, private contractual arrangements, relevance SCM
167
Working Procedures (appellate review (DSU 17.9 and
ABWP)), written responses (ABWP 28) DSU 887
US — FSC (Article 21.5
— EC) (Panel), WT/DS108/RW,
DSR 2002:I
double taxation measures, justification (Illustrative
List, SCM Annex I (item (e)), footnote 59), “foreign-source income” SCM
22
relationships within and between agreements
DSU 21/SCM 4.7 SCM 172
SCM 3.1/SCM 3.2 SCM 140
review of implementation of DSB rulings (DSU 21.5)
third party rights (DSU 10), , right to receive
submissions to first meeting of the panel, limitation to (DSU 10.3) DSU
620
timing, parties’ submissions, applicability of DSU
12.6 DSU 404, 616
subsidy, definition (SCM 1)
financial contribution (SCM 1.1(a)(1))
foregoing of revenues otherwise due (SCM 1 1(a)(1)(ii)) SCM
500
“otherwise due” /basis of comparison (“but for” test)
SCM 19
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP)), submission, right of (DSU 12.6 and WP 4), order of submission (DSU 12.6
and WP 12), arbitration (DSU 21.5), applicability to DSU
404, 616
US — FSC
(Article 22.6
— US), WT/DS180/ARB, DSR
2002:VI
arbitration (DSU 22.6), scope of review/arbitrators’
mandate (SCM 4.11), determination of “appropriateness/appropriate”
countermeasure DSU 777
countermeasures in case of failure to comply with panel
or AB report within specified time-period (SCM 4.10)
“appropriate” SCM 179–80
adverse trade effects as measure SCM
184–6
footnote 9 and SCM 179–80,
DSU 774–5
arbitration (DSU 22.6) and (SCM 4.11)
as special or additional rules and procedures DSU
728, 764, 767
task of arbitrator DSU 777
proportionality, need for SCM
179–80, 184,
DSU 773–5
countermeasures in case of failure to take measures to
remove adverse effects of or withdraw subsidy (SCM 7.9), “commensurate with
the degree and nature of the adverse effects”, SCM 4.10 and 4.11
distinguished SCM 184, 221,
DSU 767
dissenting/separate opinions, Article 22.6 arbitration DSU
748
interpretation of covered agreements
guidelines
effectiveness principle (ut res magis valeat quam
pereat/effet utile), presumption of meaning SCM
184
text/plain language (VCLT 31(2)) SCM 184
means
dictionaries SCM 175,
178, DSU 771
different language in same agreement SCM
184, 221
footnotes to treaty SCM
179–80, DSU
774–5
ordinary meaning, “countermeasure” SCM
175, DSU 771
proportionality, suspension of concessions (DSU 22.4)
and SCM 179–80,
DSU 773–5
relationship between and within agreements, DSU 22.6/SCM
4.3 SCM 193
relationships within and between agreements
DSU 22.4/SCM
4.10 SCM 185, DSU
767
SCM 4.9 and 10/SCM 7.9 and 10 SCM
184
special or additional rules and procedures for dispute
settlement (DSU 1.2 and Appendix 2)
precedence SCM 193
SCM 4.11 as DSU 728, 764,
767
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22)
agreement to DSU 756
level equivalent to nullification or impairment (DSU
22.4)
“appropriate” (SCM 4.10) distinguished DSU
728,
767
“equivalent”, quantitative test DSU
735
SCM 3 and 4 (prohibited subsidies) distinguished DSU
728
US — Fur Felt Hats (Working Party Report), GATT/CP/106,
safeguard measures (SG/GATT XIX), conditions (SG 2),
separate determinations of threat and injury, need for AG
81
US — Gasoline (AB), WT/DS2/AB/R, DSR 1996:I
burden of proof, defences and exceptions, GATT XX GATT
580
environment
Members’ right to determine own policies WTO
1
trade policies and, obligation to coordinate WTO
1, GATT 576
General Exceptions (GATT XX)
applicability to GATT as a whole (chapeau) 588, GATT
573
burden of proof, chapeau and paras. a-j distinguished GATT
580
jurisdiction of Member relevance GATT
576
two-tier analysis (justification under paras. (a)-(j)/compliance with chapeau)
GATT 577–8
General Exceptions (GATT XX), chapeau
application of
measure as means of arbitrary or unjustifiable discrimination, between
importing and exporting countries 588
“disguised restriction on international trade” GATT
590–1
failure to consider costs as GATT
591
measures amounting to arbitrary or unjustifiable
discrimination as GATT 598
prevention of abuses of exceptions as objective GATT
583
General Exceptions (GATT XX), measures relating to the
conservation of exhaustible natural resources (GATT XX(g))
compliance as condition of access to Member’s domestic
market as jurisdictional limitation GATT 576
GATT III:4 (national treatment, regulatory
discrimination) and GATT 277, 590–1,
632
“made effective in conjunction with”, as balance
between conservation and domestic production/consumption GATT
636–8
“relating to” GATT
579, 606, 623,
629, 630–3
“necessary” distinguished GATT
619 n. 880
“primarily aimed at” distinguished GATT
606, 623, 630,
633
good faith (including pacta sunt servanda principle
(VCLT 26)), as fundamental rule of treaty interpretation/performance DSU
44
interpretation of covered agreements
applicable law, customary rules of interpretation of
public international law [as codified in the Vienna Convention on the Law of
Treaties (1969)] DSU 24
guidelines
effectiveness principle (ut res magis valeat quam
pereat/effet utile), meaning to be attributed to every word and phrase WTO
13, GATT 590, DSU 50–1
object and purpose, GATT XX(g) GATT
632
means, other treaties, “comparable treaties” GATT
529 n. 828
specific terms and phrases, “relating to” (GATT
XX(g)) GATT 579, 606,
619, 623
multiple appeals (ABWP 23), joinder DSU
837, 869
national treatment, regulatory discrimination (GATT
III:4), General Exceptions (GATT XX) and GATT
277, 590–2,
632
notice of appeal, requirements (ABWP 20(2)), conditional
appeal, exclusion DSU 869
relationships within and between agreements, GATT XX/GATT as a whole
GATT 277
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6), completion of the legal analysis DSU
462
trade and environment (Doha Declaration, paras. 31–3),
SPS Agreement and GATT 576
Working Procedures (appellate review (DSU 17.9 and
ABWP))
disregard, AB authority to DSU
837
written responses (ABWP 28) DSU
880
WTO Agreement, interpretation and application, Preamble,
legal relevance WTO 1
US — Gasoline (Panel), WT/DS2/R, DSR 1996:I
burden of proof, defences and exceptions, GATT XX GATT
601
General Exceptions (GATT XX), measures necessary to
protect human, animal or plant life or health (GATT XX(b))
burden of proof GATT 601
justification GATT 601
three-tier test GATT 601
“necessary” GATT 606,
623
General Exceptions (GATT XX), measures relating to the
conservation of exhaustible natural resources (GATT XX(g)), “relating to” GATT
629, 631
“like product” (GATT III:2 and III:4)
relevant factors
end-uses GATT 248
physical properties GATT
167, 248
situation of parties dealing in [subject products] GATT
74, 248
tariff classification GATT
248
MFN treatment (GATT I:1), findings under GATT III:4 and
XX, relevance GATT 61
national treatment, regulatory discrimination (GATT
III:4)
general principle (GATT III:1) and GATT
140
“less favourable treatment”
equality of competitive conditions as test GATT
265,
271
formal differentiation in treatment, relevance GATT
271
methodology of comparison, individual transactions basis
GATT 218, 275
relationships within and between agreements
GATT I and III/SPS GATT 61
GATT I:1/GATT III:4 and XX GATT
61
GATT I/GATT III:4 GATT
284
request for establishment of panel, requirements (DSU
6.2), identification of specific measures at issue, termination of measures
before agreement on terms of reference DSU 259
US — Hot-Rolled Steel dispute (WT/DS184),
implementation of recommendations and rulings of the DSB (DSU 21),
impracticality of immediate compliance/reasonable period of time (DSU 21.3,
chapeau), “reasonable period”, amendment DSU 565
US — Hot-Rolled Steel (AB), WT/DS184/AB/R, DSR 2001:X
Anti-Dumping Agreement (AD)
conformity with domestic laws, regulations and
administrative procedures, obligation to ensure conformity (AD 18.4)
finding of non-conformity under any AD provision WTO
230
maintenance of inconsistent legislation AD
675
anti-dumping duties, imposition and collection (AD 9)
calculation of “all other” anti-dumping duty rate
(AD 9.4)
avoidance of prejudice to non-investigate exporters AD
467, 473
comparison of all comparable transactions (AD 2.4), need
for AD 469
“margins” AD 469
margins established under circumstances referred to in
AD 6.8, exclusion AD 468, 471–2
“established” AD
473
“legislation as such” and AD
597
method, absence of provision AD
468
zero/de minimis margins, exclusion AD
468
competence of panels and AB (DSU 3.2), competence of
panel and AB distinguished AD 640
determination of dumping (AD 2)
calculation of dumping margins (AD 2.4)
calculation of “all other” anti-dumping duty rate
(AD 9.4), applicability to AD 469
comparison of weighted average normal value with
weighted average of all comparable export transactions AD
469
calculation of normal value, eligible transactions,
requirements (AD 2.1)
affiliated party transactions AD
13
comparability of price AD
12
“like product” AD
12
sale “destined for consumption in exporting country”
AD 12
sale “in ordinary course of trade” AD
12, 14–15
fair comparison (AD 2.4), affiliated party transactions AD
13
fair comparison of export price and normal value (AD
2.4)
“due allowance”, “differences which affect price
comparability” AD 59
“fair comparison”, responsibility for AD
67
“normal value in the ordinary course of trade” (AD 2.1)
fairness in exercise of discretion, need for AD 16
prices above or below ordinary course of trade price AD
18–20
sales not in normal course of trade, exclusion AD
17
scrutiny, rules governing AD
21
sales transaction not “in the ordinary course of trade”
affiliated party transactions AD
22–3
sales below cost, method for determining whether (AD
2.2.1) AD 28
alternative methods, possibility of AD
15, 28
determination of injury (AD 3)
causal relationship, manner of evaluating (AD 3.5)
non-attribution to dumped imports of injury caused by
other factors (AD 3.5) AD 174, 175,
181–3
Agreement on Safeguards (SG 4.2(b)) compared AD
183, 221, 716
evaluation of injury factors (AD 3.4)
all relevant economic factors and indices, need to
examine AD 144
factors not listed in AD 3.4, right to consider AD
155
“objective examination” requirement (AD 3.1) and AD
116, 117
sectoral analysis, right to AD
116, 144
“positive evidence” / “objective examination”
requirement (AD 3.1) AD 109
“objective examination”, evaluation of injury
factors (AD 3.4) AD 116, 117,
144
“positive” AD 110
evidentiary rules (investigation of dumping) (AD 6)
difficulties in supplying information, due
account/assistance in case of (AD 6.13) AD
411, 422
balance of interests of investigating authorities and
exporters and AD 439
facts available to investigating authority, right of
resort to (AD 6.8/Annex II)
adverse facts AD 413
Annex II, mandatory nature AD
380 n. 490
failure to submit necessary information “in timely
fashion” (Annex II, para. 3) and AD 397
interpretation in light of AD 6.1.1, 6.8/Annex II, para.
1 AD 397, 400
as “reasonable period” / “reasonable time” AD
397, 401–3
information provided within reasonable period,
investigating authorities’ obligation to use AD
388, 389 n. 502
relationships within and between agreements AD
378
resort to, requirements AD
388, 389 n. 502
facts available to investigating authority, right to use
(AD 6.8/Annex II)
balance between rights of investigating authorities and
legitimate interests of parties, obligation to cooperate (Annex II, para. 7) AD
411, 422, 439
failure to cooperate (AD Annex VII, para. 7)
“less favourable result” as possible consequence AD
405, 473
“to the best of its ability” AD
406
“notice of the information … and ample opportunity
to present in writing all evidence” (AD 6.1), extension “upon cause shown
… whenever practicable” AD 317
time limits, right to set (AD 6.1.1) AD
317, 400
good faith
facts available to investigating authority,
right of resort to (AD 6.8/Annex II) and AD
406
as general principle of international law AD
407
as general principle of law AD
407
good faith (including pacta sunt servanda principle
(VCLT 26)), as fundamental rule of treaty interpretation/performance SCM
247,
DSU 44
interpretation of covered agreements
applicable law
customary rules of interpretation of public
international law [as codified in the Vienna Convention on the Law of Treaties
(1969)]
AD 17.6(ii) AD 642, DSU
85
DSU 3.2 AD 642, DSU 85
guidelines
multiple permissible interpretations AD 643
compliance with one permissible interpretation, sufficiency
AD 643
text/plain language (VCLT 31(2)) AD
473
means, dictionaries AD
405
municipal law, as fact for purposes of international
adjudication, right of panel/AB to examine consistency with WTO law DSU
362
“positive evidence” / “objective examination”
requirement (AD 3.1), “objective examination” AD
115
relationships within and between agreements
AD 6.1.1/AD 6.8 AD 332
AD 6.8/AD 9.4 AD 468,
471–3,
477
AD 6.8/AD, Annex II AD
377
AD 17.6/DSU 11 AD
626, 640
AD 17.6(i)/DSU 11 AD
640, 641
AD 17.6(ii)/DSU 11 AD
626, 642–5
special or additional rules and procedures for dispute
settlement (DSU 1.2 and Appendix 2)
AD 17, whether DSU 9
conflict with DSU provisions, precedence in case of
(WTO, Annex 1A) DSU 8
standard/powers of Review (Panel) (AD 17.6)
assessment of the facts (AD 17.6(i))
applicability to investigating authority AD
636
DSU 11 compared AD 640
interpretation of relevant provisions of AD (AD
17.6(ii))
in accordance with customary rules of interpretation of public
international law AD 642, DSU 85
“admits of more than one permissible interpretation”
AD 643
DSU 11 compared AD 644
standard/powers of Review (Panel) (DSU 11)
“objective assessment of matter before it”
AD 17.6(i) compared AD
626, 640, 641
AD 17.6(ii) compared AD
644
US — Hot-Rolled Steel (Panel), WT/DS184/R, DSR 2001:X
Anti-Dumping Agreement (AD)
conformity with domestic laws, regulations and
administrative procedures, obligation to ensure conformity (AD 18.4)
finding of non-conformity under any AD provision WTO
230
maintenance of inconsistent legislation AD
675
anti-dumping duties, imposition and collection (AD 9),
calculation of “all other” anti-dumping duty rate (AD 9.4), margins
established under circumstances referred to in AD 6.8, exclusion, “legislation
as such” and AD 597
data collection, period for (AD 10.6) AD
488
determination of injury (AD 3), evaluation of injury
factors (AD 3.4), consideration of each factor, need to be “apparent” in
final determination AD 165
evidentiary rules (investigation of dumping) (AD 6)
cooperation, standard, good faith and TRIPS
41
facts available to investigating authority, right of
resort to (AD 6.8/Annex II), objective decision-making based on facts and AD
375
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB not to make suggestions DSU
519
implementation of recommendations and rulings of the DSB
(DSU 21), choice of means at Member’s discretion (DSU 21.3) DSU
519
interpretation of covered agreements, means, different
language in same agreement GATT 403 n. 608, SCM
184, 221
judicial economy, limitation of consideration to claims
essential to resolution of dispute (DSU 3.2) DSU 260
legislation as such, right to challenge (WTO XVI:4), “practice”
AD 604 n. 764
provisional measures (AD 7), preliminary affirmative
determination (AD 7.1(ii)), retroactive measures (AD 10.7) and AD
484
publication and administration of trade regulations
(GATT X)
measures of general application (GATT X:1) GATT
364
uniform impartial and reasonable administration (GATT X:3(a)), general impact on overall administration, need for
GATT 397
relationships within and between agreements AD
622
n. 796
AD 5.3/AD 10.6 AD 485
AD 5.3/AD 10.7 AD
302, 483
AD 7/AD 10.7 AD 484
AD 9.4/AD 18.4 AD 597
retroactivity (provisional measures and anti-dumping
duties) (AD 10) AD 480
“after initiating an investigation” (AD 10.7) AD
482
conditions (AD 10.6)
AD 10.7 and AD 481
“sufficiency of evidence” (AD 5.3) and AD
485
preliminary affirmative determination (AD 7.1(ii)),
relevance AD 484
“such measures” (AD 10.7), provisional measures distinguished
AD 482
“sufficient evidence” (AD 10.7)
AD 5.3 and AD 302,
483
exporters’ knowledge of dumping (AD 10.6), relevance AD
486
“massive imports in a relatively short period of time”
(AD 10.6), data collection, period for AD 488
standard/powers of Review (Panel) (AD 17.6), “facts
made available” (AD 17.5(ii)) AD 622
standard/powers of Review (Panel) (DSU 11), “objective
assessment of the facts”, de novo review, exclusion AD
199,
622
“sufficient evidence” (AD 10.7), “injury caused”
(AD 10.6) and, retroactivity (provisional measures and antidumping duties) (AD
10) AD 487
terms of reference of panels (DSU 7), request for
establishment of panel as basis AD 617
US — Hot-Rolled Steel
(Article 21.3), WT/DS184/12, DSR
2002:IV
implementation of recommendations and rulings of the DSB
(DSU 21)
impracticality of immediate compliance/reasonable period
of time (DSU 21.3, chapeau)
“reasonable period”
complexity of implementing measures DSU
550
DSB precedent, relevance DSU 559
“time … shorter or longer, depending on the
particular circumstances” (DSU 21.3(c)) DSU 553
mandate of arbitrator, limitation to determination of
reasonable period of time for implementation (DSU 21.3(c)) DSU
550
interpretation of covered agreements, means, AD 6.8/DSU
21.3(c) DSU 553
US — Lamb (AB), WT/DS177/AB/R, WT/DS178/AB/R, DSR
2001:IX
determination of serious injury or threat thereof (SG
4), requirements
causation (SG 4.2(b))
based on objective data AG 175
factors other than increased imports causing injury,
non-attribution requirement AG 159–62
order of analysis AG 198–9
reasoned and adequate explanation (SG 3.1) GATT
527,
AG 177
relevance in absence of serious injury AG
72 n.
128
evaluation of all relevant factors (SG 4.2(a)) DSU
383
“factors other than increased imports” (SG 4.2(b)),
non-attribution, need for demonstration of AG 201
“serious injury” (SG 4.1(a)), “material injury”
(AD 3, SCM 15.7 and GATT VI) distinguished AG
115
“serious injury” (SG 4.1(a))/ “threat of serious
injury” (SG 4.1(b)) AG 3
“clearly imminent” AG 152
as “significant overall impairment” / “very high
standard of injury” (SG 4.1(a)) AG 114,
115, 122
“threat of serious injury” (SG 4.1(b)), data from
recent past/throughout investigation period, relative importance AG 153–4
interpretation of covered agreements, ordinary meaning, “serious injury” (SG 4.1(a))
AG 114
investigation of conditions for safeguard measures,
requirements (SG 3 1/SG 4 2(c))
data of an objective and quantifiable nature
methodology, absence of provision AG 150, 153
representativeness AG 150–1
“like or directly competitive product” (SG 2.1/SG
4.1(c))
“domestic industry”, as sole determinant ATC
59
n. 66, AG 129
“domestic industry” (SG 4.1(c)) and AG
2, 128–32
integration of production processes, relevance AG
132
“producers as a whole“ AG
130–1
specific product, need for AG
130
publication of findings and reasoned conclusions on all
pertinent issues of fact and law, authorities’ obligation (SG 3.1) GATT
532
“pertinent issues”, unforeseen developments AG
101
reasoned and adequate explanation, need for (SG 3.1),
causation (SG 4.2(b)) GATT 527, AG 177
relationships within and between agreements
GATT XIX:1/SG 11.1 AG 8
SG 2/SG 4 AG 22–3
safeguard measures (SG/GATT XIX)
conditions (SG 2)
“as a result of unforeseen developments” (GATT XIX:1(a))
“as a pertinent issue of fact and law”/finding (SG
3.1) GATT 532, AG 101
omission from SG 2.1, relevance GATT
571
relationship between Safeguards Agreement and GATT XIX AG
2
rules for application of GATT XIX (SG 1 and 11.1(a)) AG
8
safeguard measures (SG/GATT XIX), characteristics,
exceptional nature of remedy. 14.2
standard/powers of Review (Panel) (DSU 11)
DSU 11, applicability GATT
527
“objective assessment of the facts”, de novo review,
exclusion DSU 383
reasoned and adequate explanation (SG 3.1), need to
confirm GATT 527, AG 146–9, DSU 383
US — Lamb (Panel), WT/DS177/R, WT/DS178/R, DSR 2001:IX
determination of serious injury or threat thereof (SG
4), requirements
evaluation of all relevant factors (SG 4.2(a))
“as a whole” AG 119
segmented domestic industry and AG 164–5
reasoned and adequate explanation requirement and AG 164–5
“serious injury” (SG 4.1(a))/ “threat of serious
injury” (SG 4.1(b)), “clearly imminent” AG
121, 123
“threat of serious injury” (SG 4.1(b))
actual increase in imports, need for AG
125
data from recent past/throughout investigation period,
relative importance AG 123
interpretation of covered agreements, guidelines, effectiveness principle (ut res magis valeat quam
pereat/effet utile), meaning to be attributed to every word and phrase AG
7
investigation of conditions for safeguard measures,
requirements (SG 3.1/SG 4.2(c))
data of an objective and quantifiable nature
methodology, absence of provision AG
136
representativeness AG
134–6
judicial economy, prior decision on another point
rendering discussion otiose AG 228, 236–7
“like or directly competitive product” (SG 2.1/SG
4.1(c))
“domestic industry” (SG 4.1(c)) and AG
2
“collective output … constitutes a major proportion”,
representative data and AG 134–6
finding of inconsistency with, effect AG
127
publication of findings and reasoned conclusions on all
pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG
68
reasoned and adequate explanation, need for (SG 3.1),
segmented domestic injury, in case of (SG 4.2(a)) AG 164–5
relationships within and between agreements
GATT
XIX:1/SG 2 and 4 AG 82, 87,
88
GATT XIX:1(a)/SG 8 AG 237
SG 2/SG 4 AG 21
SG 2.1, 4.1(c) and 4.2(b)/SG 2.2, 3.1, 5.1, 8, 11 and 12
AG 82, 87, 211, 226, 236, 241–2
SG 4.1(b)/SG 4.1(c) AG
127
safeguard measures (SG/GATT XIX)
conditions (SG 2), “as a result of unforeseen
developments” (GATT XIX:1(a)), omission from SG 2.1, relevance GATT
570,
AG 7
relationship between Safeguards Agreement and GATT XIX AG
2
continuing applicability of GATT XIX GATT
570
safeguard measures (SG/GATT XIX), characteristics,
exceptional nature of remedy AG 2
Safeguards Agreement, Preamble, as evidence of object
and purpose AG 2
US — Lead and Bismuth II (AB), WT/DS138/AB/R, DSR
2001:V and DSR 2001:VI
amicus curiae briefs, panel’s authority/discretion
to accept or reject DSU 420, 1044–6
Appellate Body (AB) (DSU 17)
replacement of member (ABWP 13), in case of death DSU
842
reports, extension of deadline for circulation (DSU
17.5) DSU 443, 849
countervailing duties (SCM, Part V), review of need for
continued imposition (SCM 21.2), burden/standard of proof SCM
301–2
judicial economy, discretionary nature DSU
1035
relationships within and between agreements, AD 17.6/SCM
30 SCM 390, 426, DSU
393
SCM Agreement, dispute settlement (SCM 30), special or
additional rules or procedures, whether SCM 390
special or additional rules and procedures for dispute
settlement (DSU 1.2 and Appendix 2), SCM 30 as SCM
390
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6), non-applicability to covered agreements other
than Anti-Dumping Agreement such as the SCM and SPS Agreements DSU
393
subsidy, definition (SCM 1), conferral of benefit (SCM
1.1(b)), “is conferred” SCM 54
Working Procedures (appellate review (DSU 17.9 and
ABWP))
adoption, AB authority DSU 836
fair, prompt and effective resolution of disputes as
object and purpose, change of composition of Appellate Body and DSU
849
US — Lead and Bismuth II (Panel), WT/DS138/R and
Corr.2, DSR 2001:V and DSR 2001:VI
countervailing duties (SCM, Part V)
compliance with GATT VI:3 and SCM Agreement (SCM 10) SCM
49, 235
“countervailing duty” (SCM 10, footnote 36), “offsetting”
requirement SCM 235
imposition and collection (SCM 19)
nexus, need for (SCM 19.4), ordinary meaning SCM
286
ordinary meaning SCM 286
implementation of panel or AB recommendations (DSU 19.1)
right of panel or AB not to make suggestions DSU
516
right of panel or AB to make suggestions DSU
509
interpretation of covered agreements, ordinary meaning,
“subsidy found to exist” (SCM 19.4) SCM 286
investigation of dumping (AD 5)/subsidy (SCM 11), object
and purpose (SCM, Part V) SCM 286–7
relationships within and between agreements, AD 17.6/SCM
30 SCM 390
SCM Agreement, dispute settlement (SCM 30), special or
additional rules or procedures, whether SCM 390
special or additional rules and procedures for dispute
settlement (DSU 1.2 and Appendix 2), SCM 30 as SCM
390
subsidy, calculation in terms of benefit to recipient
(SCM 14), practice at time of bestowal (SCM 1.1), relevance SCM
258
subsidy definition (SCM 1)
conferral of benefit (SCM 1.1(b))
“benefit” SCM 49
passing the benefit through SCM
65–6
privatization, effect SCM
65–6
US — Line Pipe (AB), WT/DS202/AB/R, DSR 2002:IV
determination of serious injury or threat thereof (SG
4), requirements
causation (SG 2.1/SG 4.2(b)), reasoned and adequate
explanation (SG 3.1) GATT 527, AG 68–71, 177, 204–5
causation (SG 4.2(b)), factors other than increased
imports causing injury, non-attribution requirement AG 204
customs unions and free trade areas (GATT XXIV)
exception and GATT 724
evaluation of all relevant factors (SG 4.2(a)), “factors
other than increased imports” (SG 4.2(b)), non-attribution, need for
demonstration of AG 204
“serious injury” (SG 4.1(a))/ “threat of serious
injury” (SG 4.1(b))
as continuum AG 79
quota modulation and (SG 5.2(b)) AG
80, 84, 229
“serious injury” (SG 4.1(a)), higher threshold AG
79
developing country Members (SG 9)
exclusion of developing country exporting less than de
minimis levels (SG 9.1) AG 238–9
expected effect of measure, relevance AG 239
list of excluded countries, need for AG 238
interpretation of covered agreements
applicable law, customary rules of interpretation of
public international law [as codified in the Vienna Convention on the Law of
Treaties (1969)], SG 5.1 AG 222
guidelines, object and purpose, SG/GATT XIX GATT
525,
AG 222
means, same or closely related phrases in different
agreements, AD 3.5/SG 4.2() AG 205, 214
notification and consultation (SG 12)
“adequate opportunity for prior consultations” (SG
12.3) AG 272
level of concessions (SG 8.1) and AG 234
as “sufficient time for meaningful exchange” AG 234
proportionality
countermeasures (SCM 4.10) DSU
72
safeguard measures (SG 5.1) (“to the extent necessary”)
and AG 13–14, 220–2
publication of findings and reasoned conclusions on all
pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG
68,
75
quota modulation (SG 5.2(b)) AG
80, 229
reasoned and adequate explanation, need for (SG 3.1)
application of safeguard measures (SG 5.1) and AG
95
causation (SG 2.1/SG 4.2(b)) GATT
527,
AG 68–71,
177, 204–5
relationships within and between agreements, AD 3.5/SG
4.2(b) AG 205
safeguard measures (SG/GATT XIX)
application of measures (SG 5)
“demonstration” of compliance, relevance AG
95
imports, limitation to AG 222
quota modulation and (SG 5.2(b)) AG
80, 229
“to the extent necessary” (proportionality) (SG 5.1)
AG 13–14, 220–2
“clear justification”, need for AG 220
serious injury limited to increased imports, limitation
to AG 221–2
conditions (SG 2)
“as a result of unforeseen developments” (GATT
XIX:1(a)), reasoned and adequate explanation, need for (SG 3.1) AG
68–71
as extraordinary/emergency remedy GATT
525
parallelism between SG 2.1 and SG 2.2, “product being
imported” GATT 724, AG 68–71
right to apply measure and exercise of right
distinguished AG 13–14
separate determinations of threat and injury, need for AG
78–81
“such increased quantities”, sufficient to cause
serious injury or threat “serious injury” and “threat” whether mutually exclusive alternatives
AG 78
level of concessions (SG 8), “equivalent”, “adequate
opportunity for
prior consultations” (SG 12.3) and AG 234
standard/powers of Review (Panel) (DSU 11), DSU 11, applicability
GATT 527
State responsibility for breach of international
obligations
countermeasures, proportionality AG 222
proportionality DSU 72
US — Line Pipe (Panel), WT/DS202/R, DSR 2002:IV
determination of serious injury or threat thereof (SG
4), requirements
current serious injury AG
120
“serious injury” (SG 4.1(a))/ “threat of serious
injury” (SG 4.1(b)), “clearly imminent” AG
121
“such increased quantities”, trends, need to examine
AG 48, 155
executive summaries
non-summarized material, inclusion in panel report DSU
827
panel’s request for DSU 827
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB not to make suggestions DSU
520
non-discriminatory administration of quantitative
restrictions (GATT XIII), distribution of trade as close as possible to
expected shares in absence of restrictions as aim (GATT XIII:2, chapeau) GATT
435
relationships within and between agreements, GATT
XIII/SG 5 GATT 451–2, AG 227
safeguard measures, application of measures (SG 5),
nondiscrimination (GATT XIII) and GATT 451–2, AG 227
safeguard measures (SG/GATT XIX)
conditions (SG 2)
“product being imported” (SG 2.1), “recent” AG
33–4, 120
“such increased quantities”, methodology, Panel’s
right to examine AG 35–7
relationship between Safeguards Agreement and GATT XIX GATT
567
standard/powers of Review (Panel) (DSU 11), “objective
assessment of the facts”, methodology for evaluating increase in imports (SG
2.1/GATT XIX:1(a)) AG 35–7
tariff quotas, applicability of GATT XIII:2(a) GATT
438,
452
US — Offset Act
(Byrd Amendment) (AB),
WT/DS217/AB/R, WT/DS234/AB/R, DSR 2003:I and DSR 2003:II
Appellate Body (AB) (DSU 17), replacement of member
(ABWP 13), for serious personal reasons (Presiding Member) DSU
843
burden of proof, good faith (including pacta sunt
servanda principle (VCLT 26)) DSU 47
competence of panels and AB (DSU 3.2), jurisdictional
issues, panel’s obligation to determine DSU 863
due process (dispute settlement proceedings), notice of
appeal, requirements (ABWP 20(2)) DSU 250, 863
evidence (panel procedures) (DSU 12)
time limits for submission
panel’s right to admit “late” evidence DSU
956
information in the public domain DSU
370
relevance/significance of evidence and DSU
370
good faith (including pacta sunt servanda principle
(VCLT 26))
burden of proof/presumption of DSU
47
as fundamental rule of treaty interpretation/performance
SCM 247
interpretation of covered agreements
means, footnotes to treaty AD
671
ordinary meaning, “specific action against dumping” GATT
324–6
investigation of dumping (AD 5)/subsidy (SCM 11)
support for (AD 5.4/SCM 11.4)
authorities’ need to determine level AD
267, SCM
243–4
“by or on behalf of the domestic industry” SCM
243–6
identity of provisions AD
268 SCM
248
measure as mandate/incentive SCM 246
motivation for support, relevance AD
267, SCM
245
multiple complainants (DSU 9)
single panel, “whenever feasible” (DSU 9.1)
separate reports (DSU 9.2)
panel’s discretion DSU 299
timeliness of request DSU 297
notice of appeal, requirements (ABWP 20(2))
due process and DSU 250
notification of challenge to panel’s exercise of
jurisdiction DSU 250, 863
statement of allegation of error on issues of law/legal
interpretations (ABWP 20(2)(d)), generic statement, sufficiency DSU
859
preliminary rulings on, timing of objections DSU
983
preliminary rulings (procedural aspects), on, panel’s
obligation to determine jurisdictional issues DSU 863
relationships within and between agreements, AD 18.1 and
SCM 32.1/WTO XVI:4 WTO 233
SCM Agreement, conformity of laws, regulations and
administrative procedures with SCM Agreement (SCM 32.5) SCM
404
specific action against dumping (AD 18.1) or subsidy
(SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement AD
667–8
action under other relevant provisions of GATT 1994
distinguished (AD 18.1, footnote 24) GATT 324–6
clarificatory nature of footnotes AD
671
“against” GATT 326,
AD 667–8
“except in accordance with the provisions” SCM
393
“practices”, limitation to GATT
326
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6)
excess of jurisdiction, in absence of claim by party DSU
863
matters challenged by parties, limitation to,
jurisdictional issues distinguished DSU 863
new facts DSU 460
standard/powers of Review (Panel) (DSU 11), objections,
requirements, timeliness DSU 250
US — Offset Act
(Byrd Amendment) (Panel),
WT/DS217/R, WT/DS234/R, DSR 2003:I and DSR 2003:II
adverse effects (SCM 5)
existence of “benefit”, need for SCM
202
nullification or impairment of benefits (SCM 5(b)) SCM
200–1
presumption under DSU 3.8 distinguished SCM
200, DSU 99
specific subsidy causing (SCM 5(b)) DSU
101
as required element for actionable subsidy SCM
199
SCM 7.1 as context SCM 201
“use” of subsidy SCM
201, DSU 99
Anti-Dumping Agreement (AD), GATT VI and, dumping,
constituent elements (AD 2/GATT VI:1), specific reference in legislation,
relevance GATT 327
developing country Members, panel reports, need for
specific reference to form in which account has been taken of special needs
(DSU 12.11) LIC 415, DSU 415
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB to make suggestions DSU
512
multiple complainants (DSU 9), single panel, “whenever
feasible” (DSU 9.1), separate reports (DSU 9.2), timeliness of request DSU
297
nullification or impairment (DSU 3.8)
foreseeability and DSU 100
presumption in case of inconsistency with covered
agreement, adverse effects (SCM 5) distinguished SCM
200, DSU 99
panel reports, developing country Members and (DSU
12.11) DSU 415
price undertakings (AD 8)/undertakings (SCM 18),
practicality, relevance (AD 8.3/SCM 18.3) AD
459
request for establishment of panel, requirements (DSU
6.2), legal basis of claim, limitation of jurisdiction to cited provisions
whether (DSU 7.2), developing country Members, special and differential provisions and (DSU 12.1)
DSU 415
SCM Agreement, conformity of laws, regulations and
administrative procedures with SCM Agreement (SCM 32.5) SCM
404
special and differential treatment for developing
country Members (Doha Declaration), terms of reference of panels (DSU 7) and DSU
415
specific action against dumping (AD 18.1) or subsidy
(SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement AD
667–8
“against” GATT 326,
AD 667
“practices”, limitation to GATT
326
US — Offset Act
(Byrd Amendment) (Article 22.6)
(all), WT/DS217/ARB, DSR 2004:IX
arbitration (DSU 22.6)
preliminary rulings (procedural aspects) DSU
693
procedural issues, rulings on DSU
693
specificity requirements, product list DSU
664
of concessions for non-implementation of DSB
recommendations and rulings (DSU 22), level equivalent to nullification or
impairment (DSU 22.4), reasoned estimates, need for DSU
716
nature and purpose of counter measures DSU
650–1
nullification or impairment (DSU 3.8), presumption in
case of inconsistency with covered agreement DSU 711
preliminary rulings (procedural aspects), arbitration
(DSU 22.6) DSU 693
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22)
agreement to DSU 759, 762
level equivalent to nullification or impairment (DSU
22.4) DSU 682–3
disbursements operating as subsidies DSU
724
US — Offset Act
(Byrd Amendment) (Article 22.6
— Brazil), WT/DS217/ARB/BRA, DSR 2004:IX, suspension of concessions for
non-implementation of DSB recommendations and rulings (DSU 22), level
equivalent to nullification or impairment (DSU 22.4), trade effect and DSU 712
US — Offset Act
(Byrd Amendment) (Article 22.6
— Canada), WT/DS234/ARB/CAN, DS 2004:IX
arbitration (DSU 22.6), scope of review/arbitrators’
mandate (DSU 22.7), suspension of concessions or “other obligations”,
limitations on role DSU 705–7
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22)
agreement to DSU 760
“or other obligations”, authorization to suspend (DSU 22.2)
DSU 670
specificity requirement DSU 673
US — Offset Act
(Byrd Amendment) (Article 22.6
— Mexico), WT/DS234/ARB/MEX, DSR 2004:IX, suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22), “or other obligations”,
authorization to suspend (DSU 22.2) DSU 671
US — Offset Act
(Byrd Amendment) (Article 21.3),
WT/DS217/14
WT/DS234/22, DSR 2003:III
developing countries, implementation of DSB
recommendations and rulings (DSU 21.2) DSU 547
implementation of recommendations and rulings of the DSB
(DSU 21)
impracticality of immediate compliance/reasonable period
of time (DSU 21.3, chapeau)
“reasonable period”
complexity of implementation process
choice of methods,
relevance DSU 587
as legal criterion DSU 575
developing country Members and (DSU 21.2) DSU
547
international obligations, relevance of need to take
into account DSU 589
reasonable period, limitation to cases of impracticality
DSU 552
risk of harm to economic operators, relevance DSU
590
US — Oil Country Tubular Goods Sunset Reviews
(AB),
WT/DS268/AB/R,DSR 2004:VII
determination of injury (AD 3)
cumulative assessment (AD 3.3), sunset review (AD 11.3),
applicability to AD 537
“positive evidence” / “objective examination”
requirement (AD 3.1), sunset review (AD 11.3), applicability to AD
523
due process (dispute settlement proceedings), clear
presentation of the problem (DSU 6.2) and DSU 230
evidentiary rules (investigation of dumping) (AD 6),
facts available to investigating authority, right of resort to (AD 6.8/Annex
II), time limits, right to set (AD 6.1.1), sunset reviews and AD
319–20
good faith (including pacta sunt servanda principle
(VCLT 26))
legislation as such, challenge to and DSU
175
seriousness of claim/need for diligence in presentation DSU
175
legislation as such, right to challenge (WTO XVI:4)
good
faith (including pacta sunt servanda principle (VCLT 26)) DSU
175
normative value as determining factor DSU
181
preliminary rulings on, specificity of request for panel
(DSU 6.2) DSU 945
relationships within and between agreements
AD 3/AD 11.3 AD 522–3
AD 3.3/AD 11.3 AD 537
AD 3.7/AD 11.3 AD 530
request for establishment of panel, requirements (DSU
6.2)
identification of specific measures at issue, specificity, preliminary
ruling on DSU 945
“present the problem clearly” DSU
230
sunset review (AD 11.3) (including “likelihood”
test)
cumulative assessment (AD 3.3), applicability AD
537
mandatory rule/exception AD
511
methodology
absence of specific provision AD
522–3
“likelihood of injury” obligations (AD 3),
applicability AD 522–3
overall/separate factor determination AD
542
“positive evidence”, need for AD
516
time-frame AD 530–1
US — Oil Country Tubular Goods Sunset Reviews (Panel),
WT/DS268/AB/R,DSR 2004:VIII
due process (dispute settlement proceedings), clear
presentation of the problem (DSU 6.2) and DSU 234
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB not to make suggestions DSU
526
oils, sunset review (AD 11.3) (including “likelihood”
test), “positive evidence”, need for, presumptions, exclusion AD
526–7
preliminary rulings on, claims outside terms of
reference DSU 952
relationships within and between agreements
AD 3/AD 11.3 AD 520–1
AD 5.8/AD 11.3 AD 540
request for establishment of panel, requirements (DSU
6.2), “present the problem clearly”, due process considerations DSU
234
sunset review (AD 11.3) (including “likelihood”
test)
methodology
absence of specific provision AD
520–1
“likelihood of injury” obligations (AD 3),
applicability AD 520–1
time-frame AD 529
US — Section 110(5) Copyright Act (Panel), WT/DS160/R,
DSR 2000:VIII
copyright protection (Berne Convention (1971))
applicability to WTO members (TRIPS 9) TRIPS
38–9
broadcasting to the public (Berne 11bis)
applicability (Berne 11bis(1)) TRIPS 41
limitations and exceptions (TRIPS 13) and TRIPS
59–61
compulsory licence, right to substitute (Berne 11bis2)
TRIPS 49
nature and scope of protection TRIPS
47
as specific application of Berne 11 rule TRIPS
46
limitations and exceptions (TRIPS 13) and TRIPS
59–61
minor exceptions doctrine TRIPS
51–2, 60–1
copyright protection (WIPO Copyright Treaty (1996)),
conflict with TRIPS provisions, avoidance TRIPS 42
intellectual property rights (TRIPS)
limitations and exceptions (TRIPS 13)
Berne Convention (1971)
broadcasting to the public (Berne 11bis) and TRIPS
59–61
conflict with, exclusion TRIPS
54
cumulative nature TRIPS 58
legitimacy/legitimate public policy and TRIPS
63–5
limitation to new TRIPS rights, whether TRIPS
56
“which do not conflict with a normal exploitation of
the work”
application to individual exclusive rights, need for TRIPS
68
criteria/test TRIPS 69–70
“exploit” TRIPS 66
“normal” TRIPS 67
“which do not unreasonably prejudice the legitimate
interests of the right holder”
“interests” TRIPS 71–2
“legitimate” TRIPS 72
ordinary meaning TRIPS 72
“prejudice”, criteria/test TRIPS
73–5
“unreasonably” TRIPS 73
interpretation of covered agreements
applicable law, customary rules of interpretation of
public international law [as codified in the Vienna Convention on the Law of
Treaties (1969)], conflict, avoidance TRIPS 41
guidelines, conflict, avoidance TRIPS
41–2, 54
means, Berne Convention (1971), Articles 11 and 11bis
TRIPS 51
ordinary meaning
“interests” (TRIPS 13) TRIPS
72
“unreasonably prejudice” (TRIPS 13) TRIPS
73
relationships within and between agreements, TRIPS/Berne
Convention (1971) TRIPS 38–42
TRIPS Agreement
Berne Convention and (TRIPS 9)
conflict, avoidance TRIPS 41
incorporation, effect TRIPS 38–9
minor exceptions doctrine TRIPS
52, 60–1
treaty succession (VCLT 30) and TRIPS
39
WIPO Copyright Treaty (1996) and TRIPS
42
US — Section 110(5) Copyright Act
(Article 21.3),
WT/DS160/12, DSR 2001:II
implementation of recommendations and rulings of the DSB
(DSU 21)
impracticality of immediate compliance/reasonable period
of time (DSU 21.3, chapeau), “reasonable period”, complexity of
implementation process, choice of methods, relevance DSU
586
prompt compliance (DSU 21.1), adoption of report,
obligation to begin implementation following DSU 541
US — Section 110(5) Copyright Act
(Article 25.3),
WT/DS160/ARB25/1, DSR 2001:II
arbitration (DSU 25)
advantages DSU 791
applicable law
AB practice DSU 796
burden of proof (DSU 22.6) DSU
789
DSU 21 and 22 (DSU 25.4) DSU
790, 797
DSU 22.6 DSU 789, 792
confidentiality of proceedings, applicability of AB
practice DSU 796
jurisdiction/arbitrators’ mandate
agreement of parties (DSU 25.1 and 25.2) as basis DSU
791, 800
Article 25 arbitration as alternative to panel procedure
DSU 790, 798
compétence de la compétence DSU
778
determination of level of nullification or impairment
(DSU 3.8) and DSU 788, 790–1
determination of WTO-consistency of measure DSU
797
prompt and satisfactory resolution of disputes, Members’
right to (DSU 3) and DSU 791, 803
procedural requirements
Article 22.6 proceedings distinguished DSU
794,
802
consistency with WTO rules and principles,
responsibility for ensuring DSU 787
notification of arbitration to DSB, limitation to DSU
787, 799
burden of proof, arbitration (DSU 25) DSU
789
confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3)
acceptance of information or technical advice (DSU 13)
and DSU 424, 795
non-confidential summary of information (DSU 18.2) DSU
796
copyright protection (Berne Convention (1971))
broadcasting to the public (Berne 11bis)
applicability (Berne 11bis(1)) TRIPS
45
Members’ obligations and right holders exercise of
rights distinguished TRIPS 45, 48
Dispute Settlement Understanding (DSU), “dispute
settlement”, expeditious arbitration as alternative means (DSU 25.1) DSU
790
information or technical advice, panel’s right to seek
(DSU 13/SPS 11.2)
panel’s rights
confidentiality considerations DSU
424, 795
to accept or reject requested information or advice DSU
424, 795
prompt and satisfactory resolution of disputes, Members’
right to (DSU 3), impairment of benefits by measures taken by another Member
(DSU 3.3), arbitration (DSU 25) and DSU 791, 803
standard/powers of Review (Panel) (DSU 11), “objective
assessment of the facts”, facts available at time of establishment of panel,
limitation to DSU 794
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22)
level equivalent to nullification or impairment (DSU
22.4)
Article 25.3 Arbitrator’s right to review DSU
788, 790–1
benefits foregone by right holders and Member
distinguished DSU 793
critical date DSU 794
economic benefits as measure DSU
792
US — Section 129(c)(1) URAA (Panel), WT/DS221/R, DSR
2002:VII
implementation of recommendations and rulings of the DSB
(DSU 21), suspension of WTO-inconsistent measure during “reasonable period
of time”, need for DSU 567–8
legislation as such, right to challenge (WTO XVI:4)
mandatory/discretionary legislation, distinguishability AD
601
relationships within and between agreements DSU
187
order of analysis
mandatory nature of legislation/consistency with WTO
obligations AD 601
mandatory/discretionary nature of legislation/substance DSU
187
US — Section 211 Appropriations Act (AB),
WT/DS176/AB/R, DSR 2002:II
fair and equitable procedures (TRIPS 42)
international
minimum standard (TRIPS 1.3) and TRIPS 124
as procedural requirement TRIPS
124–5
“right holders” TRIPS 123
intellectual property rights (TRIPS) “intellectual
property” (TRIPS 1.2), categories covered TRIPS 4
international minimum standard (TRIPS 1.3), procedural
rights (TRIPS 42) and TRIPS 124
interpretation of covered agreements, guidelines,
effectiveness principle (ut res magis valeat quam pereat/effet utile) DSU
58
MFN treatment (TRIPS 4), “less favourable treatment”,
offset, applicability to all trademark owners requirement TRIPS
28–9
municipal law
as evidence of
compliance with
international obligations DSU 363, 452
determination as legal issue DSU
452
interpretation of legislation distinguished DSU
365
national treatment (TRIPS 3)
“less favourable treatment”
GATT III:4 compared TRIPS 19,
27
GATT practice TRIPS 27
offset
applicability to all trademark owners requirement TRIPS
20–1
discretionary administrative procedure as TRIPS
22–3
protection of trade-related property rights and TRIPS
19–23
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6)
classification as issue of law or fact,
compliance/consistency with treaty obligations, assessment of municipal law
for purpose of determining DSU 452
completion of the legal analysis in case of,
contentiousness/ omission/insufficiency of facts DSU
473
trade names, obligation to protect (TRIPS) TRIPS
5,
12
trade names (Paris Convention (1967) (PC 8))
applicability of trademark findings TRIPS
124
incorporation in TRIPS Agreement TRIPS
5, 12
ownership issues and TRIPS 13
trademarks (Paris Convention (1967) (PC))
registration
in country other than that of applicant’s origin
acceptance of trademark
registered in country of origin according to domestic legislation in that
country (PC 6quinquies) TRIPS 11
“as is” / “telle quelle” TRIPS
11
right of Paris Union Members to determine conditions
(Art. 6(1)) TRIPS 7
trademarks (TRIPS)
denial of protection on “other grounds” (TRIPS 15.2)
TRIPS 77
“other grounds” for denial of registration (TRIPS
15.2) TRIPS 77
“protectable subject-matter” (TRIPS 15) TRIPS
76–7
“distinctiveness” requirements, restrictions on
legislative conditions and TRIPS 76
rights conferred (TRIPS 16)
“the owner” (TRIPS 16.1) TRIPS
79
usage and registration as basis of ownership
distinguished TRIPS 79–80
Working Procedures (appellate review (DSU 17.9 and
ABWP)), written responses (ABWP 28) DSU 886
US — Section 211 Appropriations Act (Panel),
WT/DS176/R, DSR 2002:II
trade names, obligation to protect (TRIPS) TRIPS
5,
12
trade names (Paris Convention (1967) (PC 8)), incorporation in TRIMs Agreement
TRIPS 5, 12
trademarks (Paris Convention (1967) (PC)), expropriation
(PC 6bis) TRIPS 8
US — Section 301 Trade Act (Panel), WT/DS152/R, DSR
2000:II
burden of proof, prima facie case, need for,
inconclusive outcome/”equipoise” DSU 992
Dispute Settlement Understanding (DSU)
obligation to have recourse to (DSU 23.1)
as “exclusive jurisdiction” clause DSU
782
“recourse to, and abide by” DSU
782–3
interpretation of covered agreements
guidelines
hierarchical relationship between elements in VC 31,
whether DSU 26
security and predictability (DSU 3.2) DSU
20
legislation as such, right to challenge (WTO XVI:4) WTO
229
mandatory/discretionary legislation distinguishability
DSU 23 and DSU 189, 778,
783
relevance DSU 189
State responsibility and DSU
70, 778
municipal law
as evidence of
compliance with international obligations DSU
356
interpretation of legislation distinguished DSU
356
State responsibility for breach of international
obligations, legislation as such and DSU 70, 778
US — Section 337 (GATT Panel), BISD 365/345
General Exceptions (GATT XX), two-tier analysis
(justification under paras. (a)-(j)/compliance with chapeau) GATT
584
n. 816
national treatment, regulatory discrimination (GATT
III:4), “less favourable treatment”, equality of competitive conditions as
test GATT 266, 267
US — Shrimp dispute (WT/DS58)
arbitration (DSU 22.6), timing in relation to Article
21.5 arbitration (“sequencing”), ad hoc procedural agreements, recourse to
Article 21.5 before Article 22 DSU 627
implementation of recommendations and rulings of the DSB
(DSU 21), ad hoc procedural agreements DSU 627
US — Shrimp (AB), WT/DS58/AB/R, DSR 1998:VII
abuse of rights/abus de droit, pacta sunt
servanda/performance in good faith (VCLT 26) SCM
247, DSU
43
access to dispute settlement process, limitation to WTO
Members DSU 1041
amicus curiae briefs, panel’s authority/discretion
to accept or reject DSU 402, 418–19,
1049
Dispute Settlement Body (DSB)
access to, limitation to WTO Members DSU
1041
proper parties DSU 1041
due process (application of trade measures) GATT
596
due process (dispute settlement proceedings), notice of
appeal, requirements (ABWP 20(2)) DSU 857
environment, protection as legitimate goal of national
and international policy WTO 3
“exhaustible natural resources” (GATT XX(g))
as evolutionary concept WTO
3, GATT 627
living natural resources, whether WTO
3, GATT 627
sustainable development as objective WTO
3, 4
“full use of the resources of the world”
distinguished WTO 4
WTO Preamble as aid to interpretation WTO
3, GATT 586
GATT 1947, WTO continuity with WTO
4
General Exceptions (GATT XX)
jurisdiction of Member, relevance GATT
574
two-tier analysis (justification under paras. (a)-(j)/compliance with chapeau) GATT 578, 584
General Exceptions (GATT XX), chapeau
application of measure as means of arbitrary or
unjustifiable discrimination
“between countries where the same conditions prevail”
GATT 587
between importing and exporting countries GATT
589
discrimination in substantive GATT obligations
distinguished GATT 586, 592
failure to consider appropriateness or regulatory
programme as GATT 593–5
as balance between competing rights GATT
575, 584–5
good faith and GATT 585, DSU
43
preparatory work (VCLT 32) GATT
584
prevention of abuses of exceptions as objective GATT
584
General Exceptions (GATT XX), measures relating to the
conservation of exhaustible natural resources (GATT XX(g))
jurisdictional limitation, whether GATT
626
“made effective in conjunction with”, as balance
between conservation and domestic production/consumption GATT
639
“relating to”, “primarily aimed at”
distinguished GATT 634
good faith (including pacta sunt servanda principle
(VCLT 26))
abuse of rights/abus de droit and GATT
585,
SCM 247, DSU 43
GATT XX and GATT 585
treaty performance and SCM
247
information or technical advice, panel’s right to seek
(DSU 13/SPS 11.2)
panel’s rights
not to seek DSU 418, 1043
to accept or reject requested information or advice DSU
418–19
to accept or reject unrequested information or advice DSU
418–19, 1043
to evaluate information or advice DSU
418
to evaluate source of information or advice DSU
418
interpretation of covered agreements
guidelines
parties’ intentions (VCLT 31(1)), preamble as
reflection of GATT 586
text/plain language (VCLT 31(2)) DSU
26
means, preparatory work (VCLT 32), GATT XX GATT
584
notice of appeal, requirements (ABWP 20(2))
due process and DSU 857
statement of allegation of error on issues of law/legal
interpretations (ABWP 20(2)(d))
identification of facts requiring panel to draw
inferences DSU 856
indication of appropriate factual or legal inferences DSU
856
legal argument in support of claim distinguished DSU
856
publication and administration of trade regulations
(GATT X), uniform, impartial and reasonable administration (GATT X:3(a)) GATT
371
relationships within and between agreements, GATT XX
chapeau/GATT XX paras. (a)-(i) exceptions GATT
578
sustainable development: see “exhaustible natural
resources” (GATT XX(g)), sustainable development as objective
third party rights, panel proceedings (DSU 10 and
Appendix 3), opportunity to be heard (DSU 10.2) DSU
402
Working Procedures (appellate review (DSU 17.9 and
ABWP)), written responses (ABWP 28) DSU 884
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP))
access to dispute settlement process (DSU 12.6) DSU
402,
1041
submission, right of (DSU 12.6 and WP 4) DSU
402,
1041
WTO Agreement
GATT 1947, continuity with WTO
4
phrases, “exhaustible natural resources”: see
“exhaustible
natural resources” (GATT XX(g))
Preamble, legal relevance
all covered agreements,
applicability to WTO 4
GATT XX, applicability to WTO
3
US — Shrimp (Panel), WT/DS58/R and Corr.1, DSR
1998:VII
General Exceptions (GATT XX), jurisdiction of Member,
relevance GATT 574
non-discriminatory administration of quantitative
restrictions (GATT XIII), elimination of quantitative restrictions (GATT XI)
and GATT 421
quantitative restrictions, elimination (GATT XI)
GATT
XIII and GATT 446
“prohibition or restriction” (GATT XI:1) GATT
400
relationships within and between agreements
GATT I/GATT
XI GATT 415
GATT XI:1/GATT I:1 and XIII:1 GATT
64, 421
GATT XI/GATT XIII GATT 446
US — Shrimp
(Article 21.5
— Malaysia) (AB),
WT/DS58/AB/RW, DSR 2001:XIII
decisions, procedures and customary practices under GATT
1947 (WTO XVI:1)
AB reports DSU 81
panel reports (adopted) DSU 81
municipal law, as fact for purposes of international adjudication, decisions of municipal courts,
applicability, unfinished proceedings, relevance DSU
359
review of implementation of DSB rulings (DSU 21.5) DSU
599
competence of DSU 21.5 (compliance) panel
determination
of consistency of measure with WTO obligations DSU 599
limitation to claims at time of referral to review panel
DSU 599
“measures taken to comply”
examination on basis of facts proved during panel
proceedings DSU 599
measure subject of original dispute distinguished DSU
599
unappealed finding and DSU 608
Working Procedures (appellate review (DSU 17.9 and
ABWP))
oral hearings (ABWP 27), change of date DSU
854
timetable, modification in exceptional circumstances
(ABWP 16(2)) DSU 854
US — Softwood Lumber III (Panel), WT/DS236/R, DSR
2002:IX
countervailing duties (SCM, Part V)
imposition and collection (SCM 19), expedited review,
right to (SCM 19.3) SCM 283–5
review of need for continued imposition (SCM 21.2)
in absence of request SCM
299
administrative review SCM
298
interpretation of covered agreements
guidelines
text/plain language (VCLT 31(2)) SCM
264, 293
exceptional circumstances, relevance SCM
266
means
preamble of agreement under consideration SCM
265
preparatory work (VCLT 32), working paper, status SCM
35
ordinary meaning, “goods” (SCM 1.1(a)(iii)) SCM
30
phrases
“goods” (SCM 1.1(a)(iii)) SCM
30–3
“products” distinguished SCM
33
specific terms and phrases, “goods” (SCM
1.1(a)(iii)) SCM 30–3
legislation as such, right to challenge (WTO XVI:4),
future application distinguished SCM 285,
299
provisional measures (SCM 17)
date of commencement (SCM 17.3) SCM
276–7
duration (SCM 17.4) SCM
276–9
retroactivity (SCM 20) and SCM
277, 291–3
relationships within and between agreements
SCM 1.1/SCM 14 SCM 79
SCM 17.3/SCM 20 SCM 277,
295
retroactivity (SCM 20), exceptions SCM
277, 291–3,
295
SCM Agreement, object and purpose (SCM 1), definition of
subsidy “for purposes of this agreement” SCM
2
subsidy, calculation in terms of benefit to recipient
(SCM 14)
adequacy of remuneration (SCM 14(d))
inclusion of Government data, effect SCM
79, 268
“prevailing market conditions” SCM
75, 263–8
“to recipient” (chapeau) SCM
265
subsidy, definition (SCM 1)
conferral of benefit (SCM 1.1(b)), passing the benefit
through SCM 67–8
financial contribution (SCM 1.1(a)(1)) AG
6–7, SCM
9, 498
provision of goods or services (SCM 1.1(a)(1)(iii))
“goods” SCM 30–3
“goods” and “products” distinguished SCM
33
natural resources, applicability to SCM
34–5
“provides” SCM 29
SCM 14(d), relevance SCM
263
US — Softwood Lumber IV (AB), WT/DS257/AB/R, DSR
2004:II
amicus curiae briefs, panel’s authority/discretion
to accept or reject DSU 1055
Appellate Body (AB) (DSU 17) replacement of member (ABWP 13), for serious personal reasons
DSU 844
countervailing duties (SCM, Part V)
compliance with GATT VI:3 and SCM Agreement (SCM 10) SCM
239–40
“countervailing duty” (SCM 10, footnote 36), “any
subsidy bestowed directly or indirectly” SCM
236
interpretation of covered agreements
guidelines, multiple authentic languages (VCLT 33), presumption of identity of meaning (VCLT 33(3))
SCM 34
means, dictionaries, cautious approach to SCM
34
ordinary meaning, “goods” (SCM 1.1(a)(iii)) SCM
34
phrases, “goods” (SCM 1.1(a)(iii)) SCM
34, 36
municipal law, characterization of transactions,
appropriateness as applicable law DSU 364
SCM Agreement, object and purpose (SCM 1) SCM
501
specific action against dumping (AD 18.1) or subsidy
(SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement,
calculation of amount of subsidy (SCM 14(d)) and SCM
397
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
475
subsidy, definition (SCM 1)
conferral of benefit (SCM 1.1(b))
passing the benefit through SCM
69
“countervailing duty” (SCM 10, footnote 36) and SCM
237, 239–40
third party rights, AB proceedings (ABWP 24), time
limits for filing of submissions (ABWP 26) DSU 876
Working Procedures (appellate review (DSU 17.9 and
ABWP)), timetable, modification in exceptional circumstances (ABWP 16(2)) DSU
876
WTO Agreement, obligation to ensure conformity of domestic laws, regulations and administrative procedures
(WTO XVI:4), characterization of transaction under municipal law, relevance DSU
364
US — Softwood Lumber IV (Panel), WT/DS257/R, DSR
2004:II
interpretation of covered agreements
means, dictionaries, cautious approach to SCM
34
ordinary meaning, “goods” (SCM 1.1(a)(iii)) SCM
34
phrases, “goods” (SCM 1.1(a)(iii)) SCM
34–6
subsidy, definition (SCM 1), financial contribution (SCM
1.1(a)(1)), provision of goods or services (SCM 1.1(a)(1)(iii)), “provision”
and “purchase” distinghuised SCM 28, 501
subsidy, specificity (SCM 2)
principles determining (SCM 2.1), relevant factors other
than those listed under SCM 2.1(a) and (b) (SCM 2.1(c)). “account be taken of”
SCM 86
relevant factors other than those listed under SCM
2.1(a) and (b) (SCM 2.1(c)) SCM 85
“specific” SCM 84–7
US — Softwood Lumber V (AB), WT/DS264/AB/R, DSR 2004:V
Appellate Body (AB) (DSU 17), reports, as precedent DSU
82
decisions, procedures and customary practices under GATT
1947 (WTO XVI:1), AB reports DSU 82
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) AD
77
product types/product as a whole (AD 2.4.2) AD
81
“margins” of dumping AD
75
“zeroing” AD 75,
77
cost data (AD 2.2.1.1), “shall consider all available evidence”
AD 32
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6), classification as issue of law or fact alleged
failure of panel to make objective assessment (DSU 11) DSU 453
US — Softwood Lumber V (Panel), WT/DS264/R, DSR 2004:V
determination of dumping (AD 2)
calculation of administrative, selling and general costs
and profits (AD 2.2.2), “pertaining to” AD
34
fair comparison of export price and normal value (AD
2.4), “due allowance”, “differences which affect price comparability” AD
60–1
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB to make suggestions DSU
502
investigation of dumping (AD 5)/subsidy (SCM 11)
evidence, sufficiency (AD 5.2), “such evidence is reasonably available to
the applicant” AD 233
rejection of application (AD 5.8), applicability prior
to initiation of investigation AD 287
“like product” (AD 2.6), “another product” AD
92
preliminary rulings on
admissibility of information not
made available to investigating authorities DSU 959
claims outside terms of reference DSU
950
preliminary rulings (procedural aspects), timing DSU
987
request for establishment of panel, requirements (DSU
6.2), legal basis of claim, limitation of jurisdiction to cited provisions,
whether (DSU 7.2) DSU 950
standard/powers of Review (Panel) (AD 17.6), “facts
made available” (AD 17.5(ii)), evidence before authority at time of
determination, limitation to DSU 959
US — Softwood Lumber VI (Panel), WT/DS277/R, DSR
2004:VI
determination of injury (AD 3)
substantive obligations as focus of AD 3, underlying
principles (AD 3.1) and AD 108
threat of material injury (AD 3.7)
AD 3.2 and SCM 15.2
factors and AD 198
AD 3.4 factors and AD
197
establishment “based on facts, not merely allegation,
conjecture or remote possibility”
a “clearly foreseen and imminent” change of
circumstances, need for AD 188
“consideration” of facts AD
190–2
“special care” requirement (AD 3.8) AD
202–3
order of analysis, AD-consistent measure/compliance with
public notice (AD 12.2) requirements AD 562
relationships within and between agreements, AD 17.6/DSU
11 AD 627, DSU 394
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6), non-applicability to covered agreements other
than Anti-Dumping Agreement including the SCM and SPS Agreements DSU
394
standard/powers of Review (Panel) (AD 17.6)
assessment
of the facts (AD 17.6(i)), de novo review, exclusion AD
627
interpretation of relevant provisions of AD (AD
17.6(ii))
“admits of more than one permissible interpretation”
AD 645
DSU 11 compared AD 645
US — Spring Assemblies (GATT Panel), BISD 30S/107,
General Exceptions (GATT XX), applicability to GATT as a
whole (chapeau) GATT 529 n. 828
US — Stainless Steel (Panel), WT/DS179/R, DSR 2001:IV
Anti-Dumping Agreement (AD), principles (AD 1), “initiated
and conducted in accordance with the provisions of this Agreement”,
violation of other AD provisions as evidence of breach of AD 1 AD
6
competence of panels and AB (DSU 3.2)
competence of domestic courts, need to avoid trespassing
on GATT 384
preservation of rights and obligations of Members under
covered agreements GATT 384
determination of dumping (AD 2)
calculation of dumping margins (AD 2.4)
“as nearly as possible the same time” AD
86–7
comparison of weighted average normal value with weighted average of all comparable export
transactions (AD 2.4.2)
“comparable” AD 85
multiple averaging (AD 2.4.2) AD
84–5
fair comparison of export price and normal value (AD
2.4)
“due allowance”
“costs … incurred between importation and resale” AD
66
differences in “terms and conditions of sale” AD
62–4
legal effect/”should also be made” AD
65
object and purpose AD
66
risk of bankruptcy, relevance AD
62–4
for unforeseeable costs AD
66
exchange rates and (AD 2.4.1) AD
58–72
determination of relevant currency AD
70
general “fair comparison” requirement and AD
71
when “required” AD
69
“sales made at as nearly as possible the same time” AD
55
relationship between, paragraphs of AD 2 AD
11
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB not to make suggestions DSU
518
interpretation of covered agreements
applicable law, customary rules of interpretation of
public international law [as codified in the Vienna Convention on the Law of
Treaties (1969)] AD 62
guidelines
effectiveness principle (ut res magis valeat quam
pereat/effet utile) AD 65
text/plain language (VCLT 31(2)) AG
44–5, AD
63, 68 n. 86
means, dictionaries AD
66
non-discriminatory administration of quantitative
restrictions (GATT XIII), publication and administration of trade regulations
(GATT X:3(a)) GATT 394
publication and administration of trade regulations
(GATT X)
Anti-Dumping Agreement and GATT
394
uniform, impartial and reasonable administration (GATT
X:3(a)), “uniform” GATT 384
relationships within and between agreements
AD 1, 9 and
18/GATT VI/AD 3, 5, 7, 12 and Annex I, para. 2 AD
6
AD 2 as a whole AD 11
AD 2/AD 6 AD 441
AD 2.4.1/GATT X:3(a) GATT
394
AD 2.4, sentences within AD
54
AD 2.4/AD 2.4.2 AD 85
AD 2.4.1/AD 2.4 AD 71
AD 2.4.1/AD 12 AD 564
AD 6.8/AD, Annex II AD
378
AD 6.8/Annex II AD 378
standard/powers of Review (Panel) (AD 17.6)
assessment of the facts (AD 17.6(i)), “unbiased and
objective” AD 634
“facts made available” (AD 17.5(ii)), evidence
before authority at time of determination, limitation to AD
631
US — Steel Plate dispute
consultations (DSU 21.5), ad hoc procedural agreement DSU
636
review of implementation of DSB rulings (DSU 21.5)
ad hoc procedural agreements
consultations DSU 636
non-prejudice to parties’ other rights DSU
641
US — Steel Plate (Panel), WT/DS206/R and Corr.1, DSR
2002:VI
anti-dumping duties, imposition and collection (AD 9),
lesser duty, possibility of (AD 9.1) AD 584
determination of dumping (AD 2), relationship between,
AD 2.2 and AD 2.4/AD 6.8 AD 94
developing country Members (AD 15)
“constructive remedy”
decision not to impose anti-dumping duties AD
580
n. 724
lesser duty or price undertaking AD
584
“explore” AD 584
obligations (first sentence) AD 577
“special regard” AD 579
evidence (panel procedures) (DSU 12), time limits for
submission, resurrection of abandoned claims AD
619, DSU 285
evidentiary rules (investigation of dumping) (AD 6)
facts available to investigating authority, right of
resort to (AD 6.8/Annex II)
Annex II, mandatory nature AD 380
in case of partial lack of necessary information AD 390–1
in case of verifiable information, “verifiable”
(Annex II, para. 3) AD 393
“information appropriately submitted …” (Annex II,
para. 3) AD 395
information in medium or computer language required
(Annex II, para. 1) AD 404
information provided within reasonable period,
investigating authorities’ obligation to use AD 389–91
obligation to submit information “as soon as possible”
(Annex II, para. 1) AD 380
resort to, requirements AD 389–91
“shall” AD 380
facts available to investigating authority, right to use
(AD 6.8/Annex II), “less favourable result” as possible consequence of
failure to cooperate (AD Annex VII, para. 7), “to the best of its ability”
AD 407
implementation of panel or AB recommendations (DSU 19.1)
choice of means at Member’s discretion (DSU 21.3) DSU 528
right of panel or AB not to make suggestions DSU 521
right of panel or AB to make suggestions DSU 501
interpretation of covered agreements
guidelines, object and purpose, AD as a whole AD 390
means, dictionaries AD 389 nn. 503 and
504, 393
ordinary meaning, “all” AD 389
specific terms and phrases
“all” (AD 6.8) AD 389
“shall” (AD 6.8) AD 380
legislation as such, right to challenge (WTO XVI:4)
mandatory/discretionary legislation, distinguishability,
facts available to investigating authority, right of resort to (AD 6.8/Annex
II) and AD 420
“practice” AD 604
multiple complainants (DSU 9), single panel, “whenever
feasible” (DSU 9.1), separate reports (DSU 9.2), structure DSU 300
municipal law, as fact for purposes of international
adjudication AD 420 n. 559
relationships within and between agreements
AD 6.8/AD 9.3 AD 476
AD 17.6/DSU 11 AD 641
request for establishment of panel, requirements (DSU
6.2)
abandoned claim, right to resurrect DSU 285
identification of specific measures at issue
independent operational status of each listed measure,
need for DSU 197
“practice” as measure DSU 197
right of panel or AB to make suggestions DSU 501
standard/powers of Review (Panel) (AD 17.6), assessment
of the facts (AD 17.6(i)), DSU 11 compared AD 641
third party rights, panel proceedings (DSU 10 and
Appendix 3), claims, resurrection of abandoned DSU 285
US — Steel Safeguards
(AB), WT/DS248/AB/R, WT/DS249/AB/R, WT/DS251/AB/R, WT/DS252/AB/R,
WT/DS258/AB/R, WT/DS259/AB/R, DSR 2003:VIII
amicus curiae briefs, panel’s authority/discretion to
accept or reject DSU 1054
confidentiality of proceedings (DSU 14/DSU 17.10/DSU
18.2/WP 3), non-confidential summary of information (DSU 18.2) DSU
484, 819
determination of serious injury or threat thereof (SG
4), requirements
causation (SG 4.2(b))
factors other than increased imports causing injury,
non-attribution requirement AG 74–6
order of analysis, relevance AG 209
imports from sources excluded from measure as an “other
factor” AG 75
“serious injury” (SG 4.1(a)), as “significant
overall impairment” / “very high standard of injury” AG 176
“such increased quantities”, trends, need to examine
AG 42–5
interpretation of covered agreements
means, dictionaries GATT 545
ordinary meaning, “result” (GATT XIX:1(a)) GATT 545
multiple complainants (DSU 9), single panel, “whenever
feasible” (DSU 9.1), separate reports (DSU 9.2), timeliness of request DSU
298
notice of appeal, requirements (ABWP 20(2))
conditional appeal, exclusion DSU 870
notification of allegation of panel’s failure to make
objective assessment (DSU 11) DSU 868
panel reports, rationale, need for (DSU 12.7),
sufficiency
DSU 410
“product being imported” (SG 2.1), as sudden and
recent increase AG 43–5
publication of findings and reasoned conclusions on all
pertinent issues of fact and law, authorities’ obligation (SG 3.1) GATT 540
multiple findings AG 93
reasoned and adequate explanation, need for (SG 3.1)
“as a result of unforeseen developments” (GATT
XIX:1(a)) GATT 527–8,
537, 540,
AG 97, 107
“demonstration”, need for GATT
536, 538–9
causation (SG 2.1/SG 4.2(b)) AG
45, 74–7
non-compliance with SG 3.1 as violation of SG 2.1/SG 4
AG 97
panel’s obligation to confirm AG 107
publication as authorities’ obligation GATT 540
relationships within and between agreements
GATT XIX/SG 3.1 and SG 4.2(c) AG 106
SG 2 and 4/SG 3 AG 97
SG 3.1/SG 4.2(c) AG 105
safeguard measures (SG/GATT XIX)
conditions (SG 2)
“as a result of unforeseen developments” (GATT
XIX:1(a))
“as a result of” GATT 544–6
“demonstration”, need for
prior to application of measure GATT 536
in respect of each measure GATT 538–9
reasoned and adequate explanation, need for (SG 3.1)
GATT 527–8, 537,
540, AG
72, 77, 93,
97
standard of review GATT 527–8
causation (SG 2.1), relevant factors (SG 4.2(a))/ “under
such conditions” (SG 2.1), equivalence AG 57
parallelism between SG 2.1 and SG 2.2, “parallelism”,
basis for AG 73
“product being imported” (SG 2.1)
“being imported” AG 46
“recent” AG 40–5
separate determinations AG 76
“such increased quantities”, sufficient to cause
serious injury or threat AG 47
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 474
standard/powers of Review (Panel) (DSU 11)
applicability to SG/GATT XIX AG 107
DSU 11, applicability GATT 527
reasoned and adequate explanation (SG 3.1), need to
confirm AG 97
US — Steel Safeguards
(Panel), WT/DS248/R and Corr.1, WT/DS249/R and Corr.1, WT/DS251/R and
Corr.1, WT/DS252/R and Corr.1, WT/DS253/R and Corr.1, WT/DS254/R and Corr.1,
, WT/DS258/R and Corr.1, WT/DS259/R and Corr.1
causation (SG 4.2(b)), causation (SG 2.1/SG 4.2(b)) AG
72, 97, 184
confidentiality of information (SG 3.2), reasoned and
adequate explanation requirement (SG 3.1) and AG 110 determination of serious injury or threat thereof (SG
4), requirements
causation (SG 4.2(b))
analysis of conditions of competition, need for AG 189–91
coincidence of trends in imports and in injury factors
AG 181–5
imports from sources excluded from measure as an “other
factor” AG 72
quantification, relevance AG 206–8
reasoned and adequate explanation AG
72, 97, 184
evaluation of all relevant factors (SG 4.2(a)), price
analysis, relevance AG 60–1
“such increased quantities”, trends, need to examine
AG 42, 45
evidence (panel procedures) (DSU 12), time limits for
submission, “rebuttal submissions” / “rebuttals” DSU
373, 957
executive summaries
length/structure DSU 829
panel’s request for DSU 829
preliminary ruling on DSU 976
interim review (DSU 15), confidentiality of reports DSU
434
investigation of conditions for safeguard measures,
requirements (SG 3.1/SG 4.2(c))
interested parties, obligation to consult AG 94
internal decision-making process, relevance AG 96
reasoned and adequate explanation (SG 3.1), timing of
report and AG 103
preliminary rulings on
confidentiality issues DSU 967
executive summaries DSU 976
timetable for panel proceedings DSU 975
timing of submission of evidence DSU 957
“product being imported” (SG 2.1), as sudden and
recent increase AG 40–2
proportionality, safeguard measures (SG 5.1) (“to the
extent necessary”) and AG 15
publication of findings and reasoned conclusions on all
pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG 72
format of report, relevance AG 102
multiple findings AG 93
timing of report, relevance AG 103
reasoned and adequate explanation, need for (SG 3.1)
“as a result of unforeseen developments” (GATT
XIX:1(a)), “demonstration”, need for GATT
536, 538–9
confidential information (SG 3.2) and DSU 110
publication as authorities’ obligation, timing of
report, relevance AG 103
relationships within and between agreements
GATT XIX/SG 3.1 and SG 4.2(c) AG 106
SG 3.1/SG 3.2 AG 110
SG 3.1/SG 4.2(c) AG 105
safeguard measures (SG/GATT XIX)
application of measures (SG 5), “to the extent
necessary” (proportionality) (SG 5.1) AG 15
conditions (SG 2)
“as a result of unforeseen developments” (GATT
XIX:1(a))
“as a result … of the effect of obligations incurred
by Member” GATT 554
“as a result of” GATT 544
confluence of developments as GATT 543
“demonstration”, need for
prior to application of measure GATT 536
in respect of each measure GATT 538–9
reasoned and adequate explanation, need for (SG 3.1)
GATT 526, AG 45, 72,
93, 97
standard of review GATT 526–8
reasoned and adequate explanation, need for (SG 3.1)
GATT 526, AG 45, 72,
93
right to apply measure and exercise of right
distinguished AG 15
standard/powers of Review (Panel) (DSU 11)
applicability to SG/GATT XIX GATT 526
de novo review, exclusion GATT 526
reasoned and adequate explanation (SG 3.1), need to
confirm GATT 526
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP))
“rebuttal submissions”, amendment to “rebuttals”
DSU 373, 957, 977
time limits for filing of written submissions (DSU 12.5
and WP), modification by agreement DSU 834
timetable for panel process, establishment (DSU 12.3),
flexibility DSU 830
US — Sugar Waiver (GATT
Panel), BISD 37S/228
relationships within and between agreements, GATT
II/GATT XIII GATT 111
Schedules of Concessions (GATT II)
diminishment of obligations, exclusion GATT 84–5
interpretation and clarification, Vienna Convention on
the Law of Treaties GATT 111
non-discriminatory administration of quantitative
restrictions (GATT XIII) and GATT 111
“subject to the terms, conditions or qualifications in
the schedule” (GATT II:1(b)), additional concession GATT 86 n. 157
US — Superfund (GATT
Panel)BISD 34S/136, nullification or impairment (DSU 3.8), presumption in
case of inconsistency with covered agreement DSU 95
US — Textiles Rules of
Origin (Panel), WT/DS243/R and Corr.1, DSR 2003:VI
interpretation of covered agreements
guidelines, multiple authentic languages (VCLT 33), “unduly
strict requirements” (RO 2(c)) RO 10 n. 18
means
dictionaries RO 10
preparatory work (VCLT 32), RO 2(c) RO 10 n. 20
Rules of Origin Agreement (RO)
disciplines (transition period) (RO 2)
design and application, Members’ discretion RO 1
documentation requirements RO 10 n. 19
“fulfilment of a certain condition not related to
manufacturing or processing” (RO 2(c)) RO 11
“negative” nature RO 1
non-discrimination (RO 2(d)), closely related goods RO
12
restrictive, distorting or disruptive effects on
international trade, exclusion (RO 2(c)), adverse effects on trade in
different
goods RO 9
trade objectives, exclusion as instrument of (RO 2(b))
RO 2–3
design and structure of measure as evidence of
protective application RO 4
GATT III:2 obligations compared RO 4
incidental trade effect distinguished RO 5
intention, relevance RO 4
“unduly strict requirements” (RO 2(c))
French and Spanish versions RO 10 n. 18
preparatory work (VCLT 32) RO 10 n. 20
RO 2(a) as context RO 10
“strict” RO 10
“unduly” RO 10
“rules of origin”, individual “rules” and system
distinguished RO 9 n. 16
“unduly strict requirements” (RO 2(c)) RO 10
US — Tobacco (GATT
Panel), BISD 41S/I/131, legislation as such, right to challenge (WTO XVI:4),
mandatory/discretionary legislation, distinguishability DSU 183
US — Tuna (GATT Panel),
DS29/R
General Exceptions (GATT XX), applicability to GATT as a
whole (chapeau) GATT 529 n. 828
nullification or impairment (GATT XXIII), measures in
force, limitation to GATT 658
US — Underwear (AB),
WT/DS24/AB/R, DSR 1997:I
consultations (ATC 6.7), retroactivity (trade measures)
(ATC 6.10) and ATC 101
interpretation of covered agreements
guidelines, effectiveness principle (ut res magis valeat
quam pereat/effect utile) DSU 53
means
other treaties, MFA ATC 102–3
same or closely related phrases in different agreements,
GATT X:2/ATC 6.10 ATC 99, 105,
117
publication and administration of trade regulations
(GATT X)
measures of general application (GATT X:1) GATT
365
transparency and due process (GATT X:2) GATT 369–70
relationships within and between agreements
ATC 6.10/ATC 6 as a whole ATC 100
ATC 6.10/GATT X:2 ATC 99, 105, 117
retroactivity (trade measures) (ATC 6.10) ATC 99–105
ATC 6.10 measure as measure of general application (GATT
X:2) ATC 99, 105,
117
consultations, request for and notification to TMB (ATC
6.11) and ATC 101
MFA provision, relevance ATC 102–3
provisional application of restraint measures authorized
under ATC 10 (ATC 11) and ATC 104
retroactivity (ATC 6.10), MFA provision, relevance ATC
102–3
transitional safeguards (ATC 6), as balance of rights
and obligations ATC 100
Working Procedures (appellate review (DSU 17.9 and
ABWP)), written responses (ABWP 28) DSU 882
US — Underwear (Panel),
WT/DS24/R, DSR 1997:I
burden of proof, transitional safeguard measures (ATC 6)
ATC 46
consultations (DSU 4)
confidentiality (DSU 4.6), offers of settlement during
consultations and DSU 138
legal status of offers made in course of unsuccessful
consultations ATC 43, DSU
138, 140
“without prejudice” nature of obligation (DSU 4.6),
offers made during consultations and DSU 140
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB to make suggestions DSU 504
publication and administration of trade regulations
(GATT X), retroactivity of trade measures (ATC 6.10) and GATT 370
quantitative restrictions (ATC 2) (integration process),
conformity with ATC provisions, need for (ATC 2.4), transitional safeguards
(ATC 6) and ATC 114
retroactivity (trade measures) (ATC 6.10), prior
publication, relevance GATT 370
standard/powers of Review (Panel) (DSU 11)
“objective assessment of the facts”, de novo review
of facts, exclusion ATC 129, DSU 388
serious damage or actual threat thereof (ATC 6.2)/SG 4,
Member’s determination of, statement to TMB, admissibility ATC 41–2,
DSU
388
standard/powers of review (ATC 8.3) ATC 129
Textiles and Clothing Agreement (ATC), administration of
restrictions (ATC 4), statements made during review proceedings, admissibility
in panel proceedings (DSU 11) ATC 41–2
Textiles Monitoring Body (TMB)
review proceedings, statements made during,
admissibility in panel proceedings (DSU 11) ATC 41–2,
DSU 389
standard/powers of review (ATC 8.3) ATC 129
transitional safeguards (ATC 6)
attribution of damage from “sharp and substantial
increase in imports” (ATC 6.4), comparative analysis ATC 85 n.
114, 90
burden of proof ATC 46
“more favourable treatment” for re-imports (ATC
6.6(d))
“in the application of” (ATC 6, chapeau) ATC 92
options for ATC 93
object and purpose (ATC 1.1) and ATC 1
serious damage or actual threat thereof (ATC 6.2),
Member’s determination of, requirements
“demonstrably” ATC 73–4
“or actual threat thereof” ATC 54
US — Wheat Gluten
(AB), WT/DS166/AB/R, DSR 2001:III
adverse inferences from party’s refusal to provide
information, panel’s right to draw, obligation to respond promptly to panel’s
requests for information and (DSU 13.1), confidential information and AG 113
adverse inferences from party’s refusal to provide
information, panel’s right to draw (DSU 13), judicial economy and DSU 366
competence of panels and AB (DSU 3.2), competence of
panel and AB compared DSU 343, 451
confidentiality of information (SG 3.2), DSU 13.1
confidentiality requirements and AG 112
customs unions (GATT XXIV:5(a)), safeguard measures (SG
2.1, footnote 1) GATT 723
determination of serious injury or threat thereof (SG
4), requirements
causation (SG 4.2(b))
factors other than increased imports causing injury,
non-attribution requirement AG 173, 194–7, 202–3
order of analysis AG 197
relationships within and between agreements AG
56, 174
evaluation of all relevant factors (SG 4.2(a)) AG
118,
202
consistency of interpretation between SG 4.2(a) and SG
4.2(b), need for AG 140
factors not listed in SG 4.2(a), right/obligation to
examine AG 160, 161
“factors other than increased imports” (SG 4.2(b)),
non-attribution, need for demonstration of AG 203
factors relating to imports and domestic industry AD 148
n. 187, AG 139–40, 202
price analysis, relevance AG 59
“serious injury” (SG 4.1(a))/ “threat of serious
injury” (SG 4.1(b)), as “significant overall impairment” / “very high
standard of injury” (SG 4.1(a)) AG 118, 176
information or technical advice, panel’s right to seek
(DSU 13/SPS 11.2), confidentiality of information (SG 3.2) and AG 113
interpretation of covered agreements
means, same or closely related phrases in same
agreement, SG 2.1/SPG 2.2 AG 66
ordinary meaning
“immediately” (SG 12.1) AG 248
“investigation” (SG 3.1) AG 90
investigation of conditions for safeguard measures,
requirements (SG 3.1/SG 4.2(c))
evaluation of all factors, obligation of competent
authorities to seek information additional to that supplied by interested
parties AG 90–3
interested parties
notification to AG 90
opportunity to respond to presentations of other parties
AG 90
opportunity to submit evidence and views AG 90
judicial economy
adverse inferences and DSU 366
prior decision on another point rendering discussion
otiose GATT 551
notification and consultation (SG 12)
“adequate opportunity for prior consultations” (SG
12.3) AG 270
level of concessions (SG 8.1) and AG 233
“all pertinent information” (SG 12.2), precise
description of proposed measure sufficient for prior consultation under SG 12.3
AG 271
“immediately” (SG 12.1) AG 248
“immediately” (SG 12.1(a)) AG 251
“immediately” (SG 12.1(b)) AG 254
“immediately” (SG 12.1(c)) AG 257–9
timing (SG 12.1)/content (SG 12.2) distinguished AG 257–8
publication of findings and reasoned conclusions on all
pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG 68
relationships within and between agreements
DSU 13/SG 3.2 AG 112
GATT XIX:1/SG 2 and 4 GATT 551
SG 2.1/SG 4.2(b) AG
56, 174, 204
SG 3.1/SG 4.2(a) AG 90–3
SG 4.2(a)/SG 4.2(b) AG 140
safeguard measures (SG/GATT XIX)
conditions (SG 2)
causation (SG 2.1), relevant factors (SG 4.2(a))/ “under
such conditions” (SG 2.1), equivalence AG
49, 56, 59, 174
free trade agreements/customs unions and (SG 2.1,
footnote 1) GATT 723
parallelism between SG 2.1 and SG 2.2, “product being
imported” AG 66
level of concessions (SG 8)
“equivalent” AG 233
“adequate opportunity for prior consultations” (SG
12.3) and AG 233
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6), classification as issue of law or fact, alleged
failure of panel to make objective assessment (DSU 11) DSU
343, 451
standard/powers of Review (Panel) (DSU 11), “objective
assessment of the facts” DSU 343, 451
US — Wheat Gluten
(Panel), WT/DS166/R, DSR 2001:III
confidentiality of information (SG 3.2) AG 108–9
non-confidential summaries (SG 3.2) AG 109
panel’s right to seek information or technical advice
(DSU 13/SPS 11.2), relevance AG 111–12
confidentiality of proceedings (DSU 14/DSU 17.10/DSU
18.2/WP 3), panel’s right to seek information or technical advice (DSU
13/SPS 11.2), relevance AG 111–12
customs unions (GATT XXIV:5(a)), safeguard measures (SG
2.1, footnote 1) GATT 723
determination of serious injury or threat thereof (SG
4), requirements
causation (SG 4.2(b))
coincidence of trends in imports and in injury factors
AG 180, 183
evaluation of all relevant factors of objective and
quantifiable nature AG 172
factors other than increased imports causing injury,
non-attribution requirement AG 56, 172, 194
relationships within and between agreements AG
56, 174
relevance in absence of serious injury AG 72 n.
128, 172
evaluation of all relevant factors (SG 4.2(a)) AG 144
all factors listed in SG 4.2(a) AG 144
factors not listed in SG 4.2(a), right/obligation to
examine DSU 385
price analysis, relevance AG 59
“productivity” AG 159
“serious injury” (SG 4.1(a))/ “threat of serious
injury” (SG 4.1(b)), as “significant overall impairment” / “very high
standard of injury” (SG 4.1(a)) AG 117
information or technical advice, panel’s right to seek
(DSU 13/SPS 11.2), confidentiality of information (SG 3.2) and AG 111–12
investigation of conditions for safeguard measures,
requirements (SG 3.1/SG 4.2(c))
data of an objective and quantifiable nature
methodology, absence of provision AG 167
representativeness AG 133
published report, confidential information (SG 3.2) and AG 108–9
“like or directly competitive product” (SG 2.1/SG
4.1(c)), “domestic industry” (SG 4.1(c)) and, “collective output … constitutes a major proportion”, representative data and
AG 133
notification and consultation (SG 12)
“immediately” (SG 12.1) AG 247
“immediately” (SG 12.1(a)) AG 250
“immediately” (SG 12.1(b)) AG 253
prompt and satisfactory resolution of disputes, Members’
right to (DSU 3), failure to provide confidential information (SG 3.2) and AG
113
relationships within and between agreements
DSU 13/SG 3.2 AG 111
SG 2 and 4/SG 5 AG 225
SG 2/SG 4 AG 20
SG 2.1/SG 4.2(b) AG
56, 174
SG 3.2/SG 4.2(c) AG 217
safeguard measures (SG/GATT XIX)
conditions (SG 2)
causation (SG 2.1), relevant factors (SG 4.2(a))/ “under
such conditions” (SG 2.1), equivalence AG
49, 54, 56
free trade agreements/customs unions and (SG 2.1,
footnote 1) GATT 723
“product being imported” (SG 2.1), as sudden and
recent increase AG 32
“such increased quantities”
“rate and amount of the increase … in absolute and
relative terms” (SG 4.2(a)) AG 180
sufficient to cause serious injury or threat AG 32
US — Wool Shirts and
Blouses (AB), WT/DS33/AB/R and Corr.1, DSR1997:I
burden of proof
national treatment, regulatory discrimination (GATT
III:4) GATT 232
onus probandi actori incumbit GATT
581, SPS 19, DSU 988
prima facie case, need for GATT 581
evidence necessary to establish, determination on case
by case basis DSU 994
transitional safeguard measures (ATC 6) ATC 46
competence of panels and AB (DSU 3.2), “clarification
of existing provisions” DSU 22
Dispute Settlement Understanding (DSU), “positive
solution to a dispute” as aim (DSU 3.7) DSU 92
General Council (WTO IV:2), functions, interpretation of
WTO Agreement WTO 160
General Exceptions (GATT XX), burden of proof GATT 581
interpretation of covered agreements, responsibility for
(WTO IX:2), Ministerial Conference/General Council (WTO IV:2) WTO 159–60
judicial economy
legal basis (DSU 11) DSU 1031–2
limitation of consideration to claims essential to
resolution of dispute (DSU 3.2) DSU 21, 260,
1031
“positive solution to dispute” requirement (DSU 3.7)
and DSU 1031
national treatment, regulatory discrimination (GATT
III:4), burden of proof GATT 232
quantitative restrictions (ATC 2) (integration process),
conformity with ATC provisions, need for (ATC 2.4), transitional safeguards
(ATC 6) and ATC 114
relationships within and between agreements, GATT
XI:1/GATT I:1 and XIII:1 GATT 64
request for establishment of panel, requirements (DSU
6.2), identification of specific measures at issue, termination of measures
following interim review DSU 258 n. 370
standard/powers of Review (AB) (issues of law and legal
interpretations) (DSU 17.6), findings or developed legal interpretations,
limitation to (DSU 17.13) SPS 175, AG 479, DSU 455
standard/powers of Review (Panel) (DSU 11)
“objective assessment of matter before it”
all arguments, need to consider DSU 333
all legal claims, need to consider under DSU 3.2 DSU
333, 337 n. 492, 1032
“positive solution” requirement (DSU 3.7) and DSU 92
transitional safeguards (ATC 6)
as balance of rights and obligations ATC 46
burden of proof ATC 46
US — Wool Shirts and
Blouses (Panel), WT/DS33/R, DSR1997:I
consultations (ATC 6.7)
obligatory nature DSU 121
provisional application of restraint measures authorized
under ATC 10 (ATC 11) and DSU 121
consultations (DSU 4), establishment of panel, as
prerequisite, exceptions, TMB review proceedings (ATC 8.10) DSU 146
judicial economy
GATT practice DSU 1030
legal basis (DSU 11) DSU 1030
nullification or impairment (GATT XXIII), measures in
force, limitation to GATT 658
quantitative restrictions (ATC 2) (integration process),
conformity with ATC provisions, need for (ATC 2.4), transitional safeguards
(ATC 6) and ATC 115
request for establishment of panel, requirements (DSU
6.2)
identification of specific measures at issue
termination of measures following agreement on terms of
reference DSU 266
termination of measures following interim review DSU 258
n. 370
standard/powers of Review (Panel) (DSU 11), “objective
assessment of matter before it”, panel established under ATC 8.10 DSU 389
Textiles Monitoring Body (TMB)
recommendations, legal status (ATC 8.9) ATC 130
review proceedings
consultations (DSU 4) and DSU 146
information made available at time of request for
consultations (ATC 6.7), limitation to DSU 121
role (ATC 8)
dispute settlement panels distinguished ATC
120, DSU 390
fact-finding DSU 121
objective assessment of compliance with ATC 6
requirements DSU 121, 389
transitional safeguards (ATC 6)
relevant factors (ATC 6.3), obligation to examine all
ATC 78, AG 142
serious damage or actual threat thereof (ATC 6.2),
Member’s determination of, requirements
“demonstrably” ATC 74
“not by other factors” ATC 74
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