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waivers, Lomé waiver:
see Lomé waiver
waivers (International Dairy Agreement)
WTO 167
waivers under Plurilateral Agreements (WTO IX:5)
WTO 167
waivers (WTO IX:3)
WTO 163–6
Decision-Making Procedures Under Articles IX and XII of the WTO Agreement,
Council decision (1995) WTO 163
GATT I/GATT XIII waivers, relationship GATT
444
GATT II (Schedules of Concessions) GATT
113
GATT practice WTO 165
Lomé waiver: see Lomé waiver
Table of waivers WTO 166
West African Economic and Monetary Union (WAEMU) Treaty, Enabling
Clause and GATT 33
wines and spirits, additional protection for geographical indications
(TRIPS 23)
Doha Declaration (para. 18)
July package (para. 1(d))
information relating to products other than wines and spirits (TRIPS 23.4)
TRIPS 86
multilateral system of notification and registration (Doha Declaration,
para. 18)
negotiating responsibility WTO
127
“withdrawal of subsidy without delay” (SCM
4.7)
agricultural subsidies, applicability to SCM
113, 128
continuation of payments SCM
159–60, 188
partial repayment, sufficiency SCM
164
repayment of past subsidy/retroactive effect SCM
161–3, 219
“bring into conformity” (DSU 19) distinguished SCM
170, DSU 9
special or additional rules and procedures (DSU 1.2 and Appendix 2),
relevance DSU 9
time limits, DSU 21.3 provisions, relevance DSU
569
withdrawal of subsidy as SCM 7.8 remedy compared SCM
169, 181
“without delay” SCM
165–8
DSU 21.3 and SCM 165,
171
obligation of panel to specify time-period SCM
168
private contractual arrangements, relevance SCM
167, 188
as specifically prescribed time-period (SCM 4.12) SPS 163
withholding or withdrawal of concessions (GATT XXVII), GATT practice
GATT 730
working groups and parties:
see accession (WTO
XII), working
parties on; Border Tax Adjustment, Working Party
on; government procurement,
transparency (Doha Declaration, para. 26), Working Group on Transparency in
Government Procurement (Doha Declaration); least-developed country
Members,
Integrated Framework Working Group; Notification Obligations and
Procedures,
Working Group on; PSI Working Party; regional trade agreements (GATT XXIV:5),
working parties in relation to; Singapore Ministerial Conference/Declaration
(1996), working groups established by (“Singapore issues”); State Trading
Enterprises, Working Party on; Technical Barriers to Trade
Committee,
Technical Working Group; Trade and Competition Policy, Working Group on
Interaction between; Trade, Debt and Finance, Working Group on (Doha
Declaration, para. 36); Trade and Investment, Working Group on Relationship
between; transfer of technology, measures to encourage (Doha Declaration)
Working Party on Domestic Regulation
(WPDR)
annual reports GATS 135
establishment WTO 76,
GATS 134
responsibilities GATS 134
as successor to Working Party on Professional Services GATS
134
Working Party on GATS Rules
Checklist of Issues GATS 67
emergency safeguard measures (GATS X) GATS
59
establishment WTO 76,
GATS 136
government procurement (GATS XIII) GATS
62
guidelines for work programmes GATS
60
subsidies (GATS XV) GATS 66
Working Party on Professional Services
annual reports GATS 133
establishment WTO 76,
GATS 132
replacement by Working Party on Domestic Regulation (WPDR)
GATS 134
Working Party on Subsidy Notifications
SCM
327
Working Procedures (appellate review (DSU 17.9 and ABWP)):
see also Appellate
Body (AB) (DSU 17)
additional procedures (ABWP 16(1)) DSU
979, 1048, 1050
adoption, AB authority DSU
486, 836, 979
amendments DSU 835
“appropriate procedure for the purpose of that appeal only” (ABWP
16(1)) DSU 845–50
composition of delegation: see composition of delegation (appellate
review)
consolidated text (2005) DSU
835
disregard, AB authority to DSU
837
fair, prompt and effective resolution of disputes as object and purpose
SCM 147, DSU
107, 235, 838,
889–91, 982
change of composition of Appellate Body and DSU
849
multiple appeals (ABWP 23): see multiple appeals (ABWP 23)
notice of appeal: see notice of appeal, requirements (ABWP 20(2))
oral hearings (ABWP 27)
change of date DSU 853–4
joint DSU 879
timetable (ABWP 26), modification in exceptional circumstances (ABWP 16(2))
DSU 846, 851–4,
873–5
written responses (ABWP 28) DSU
880–7
Working Procedures (Article 22.6 arbitrations):
see arbitration (DSU 22.6), working procedures
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP))
access to dispute settlement process (DSU 12.6) DSU
402, 1041–2
additional procedures (WP 11) DSU
820–34
applicable law
agreement of parties to alternative procedure DSU
367
panel’s right to determine DSU
367
composition of delegation: see composition of delegation (panel)
confidentiality of proceedings: see confidentiality of proceedings
(DSU 14/DSU 17.10/DSU 18.2/WP 3)
departure from after consultation with/agreement of parties (DSU 12.1)
DSU 313
evidence: see evidence
(panel procedures) (DSU 12)
executive summaries: see executive summaries
high quality reports/avoidance of delay, flexibility in achieving balance
(DSU 12.2) DSU 401, 928
objections, requirements, good faith DSU
938
panel proceedings as two-stage process DSU
367
panel’s margin of discretion DSU
307, 367, 814–17
limitations
DSU 281, 816
“rebuttal submissions”, amendment to “rebuttals”
DSU 373, 957, 977
separate opinion (DSU 14.3) GATT
109
submission, right of (DSU 12.6 and WP 4) DSU
402, 1041
order of submission (DSU 12.6 and WP 12), arbitration (DSU 21.5),
applicability to DSU 404, 616
text DSU 1320–1
time limits for filing of written submissions (DSU 12.5 and WP),
modification by agreement DSU 834
timetable for panel process, establishment (DSU 12.3)
flexibility DSU 830
inability to meet (DSU 12.9) DSU
412
normal duration (DSU 12.8) DSU
411
World Bank/WTO relationship:
see also exchange arrangements (IMF
cooperation) (GATT XV); International Monetary Fund (IMF)/WTO relationship
(WTO III:5)
Agreement (1997) WTO
22, 24, 134
annual reports WTO 32
observer status WTO 25
World Customs Organization (WCO), decisions as aid to interpretation of
Schedules of Tariff Concessions GATT
93
World Intellectual Property Organization (WIPO):
see also copyright
protection (WIPO Copyright Treaty (1996))
rationalization of notifications to WTO
67
WTO, cooperation agreement with TRIPS
9–10, 150,
151
World Tourism Organization, agreement with WTO on means to avoid
confusion WTO 11
writing, need for:
see transparency (AD 3 and
5), written record/notification and (AD AGreement)
WTO
accessions: see accession (WTO XII)
amendments (WTO X)
Annex 1 Agreements (WTO X:1) WTO
168
Annex 2 and 3 Agreements, Members’ proposals (WTO X:8)
WTO 169–73
Plurilateral Agreements (WTO X:10) WTO
176–7
additions (WTO X:9) WTO
174
deletions (WTO X:9) WTO
175
Assets, Liabilities, Records, Staff and Functions from GATT to the WTO,
Agreement on (1994) WTO 157
cooperation with other governmental organizations (WTO V:1)
WTO 134
Decision on Implementation-Related Issues and Concerns (para. 14)
GATS XXVI WTO 137, GATS
143–4
ITU WTO 134, GATS
143
Office International des Epizooties (OIE) WTO
134, SPS 90–1
TRIPS 68 WTO 137
UN WTO 134
WIPO: see World Intellectual Property Organization (WIPO)
World Bank: see World Bank/WTO relationship
WTO V:1 WTO 134
decision-making procedures: see decision-making procedures (WTO IX)
establishment WTO 10
functions
“decisions on all matters under any of the Multilateral Trade Agreements”
forum for negotiations: see negotiations concerning multilateral
trade relations, WTO as forum for
Headquarters Agreement (WTO-Switzerland)
(1995) WTO 156
IMF and: see International Monetary Fund (IMF)/WTO relationship
(WTO III:5)
Infrastructure Agreement (WTO-Switzerland) (1995) WTO
156
legal status (WTO VIII:1) WTO
154
membership
Section XXV
least-developed country Members (WTO X:2) WTO
185–6
original membership: see original membership below
statistics
WTO 178
name, adoption WTO 10
World Tourism Organization, agreement on means to avoid confusion
WTO 11
non-application of multilateral agreements between particular Members (WTO
XIII), invocation and revocation (WTO XIII:1) WTO
201–3
officers, appointment, guidelines WTO
53
original membership (WTO XI:1) WTO
181–4
acceptance of WTO Agreement after entry into force WTO
303
participation in WTO Bodies of eligible signatories of Final Act
WTO 206
privileges and immunities: see privileges and immunities (WTO VIII)
structure WTO 33
World Bank and: see exchange arrangements (IMF cooperation) (GATT
XV); World Bank/WTO relationship
WTO Agreement
amendments, Ministerial Conference, power to adopt WTO
41
conflict between constituent covered agreements (WTO, Annex 1A): see
also relationships within and between
agreements; special or additional
rules and procedures for dispute settlement (DSU 1.2 and Appendix 2)
DSU provisions AD 591–2
existence TRIMs 21–2
GATT III/SCM DSU 910
GATT 1994/LIC and TRIMs 2 TRIMs
21–2
General Interpretative Note WTO
General Interpretative Note
presumption against TRIMs 37,
SCM 416–17,
DSU 62–3
SCM/TRIMs TRIMs 37–9,
SCM 416–17
TRIPS/WTO WTO 134
cumulative nature of obligations SPS
45, SCM 409, AG
1,
6
entry into force (WTO XIV:1) WTO
207
GATT 1947, continuity with: see decisions, procedures and customary
practices under GATT 1947 (WTO XVI:1)
notifications of acceptance (WTO XII:3)
after 1 January 1995 WTO
209
before 1 January 1995 WTO
208
objectives
endorsement (Doha Declaration, para. 1)
integrated multilateral trading system WTO
2, GATT 319, SCM 412–14
obligation to ensure conformity of domestic laws, regulations and
administrative procedures (WTO XVI:4) WTO 228–33: see also legislation
as such, right to challenge (WTO XVI:4)
characterization of transaction under municipal law, relevance
DSU 364
“existing legislation” exceptions, exclusion SPS
206
non-performance of obligations under covered agreements, exclusion of
municipal law as justification (VCLT 27) GATS 83–5
Preamble, legal relevance WTO
1–7
all covered agreements WTO
4
developing country Members’ concerns: see developing country
Members, WTO Agreement Preamble and
GATT XX, applicability to WTO
3, 4
registration WTO 238
reservations (WTO XVI:5) WTO
234–7
as single treaty instrument WTO
12, 13
TRIPS/WTO WTO 134
withdrawal (WTO XV) WTO
214
WTO documents
circulation and derestriction, General Council decision of 18 July 1996
abrogation WTO 51
applicability to documents issued before 14 May 2002 WTO
51
transmission to bodies established under the Plurilateral Trade Agreements
for consideration and action, Circulation and Derestriction of Documents of
Government Procurement Committee GPA 8
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