|
abuse of rights/abus de droit
pacta sunt servanda/performance in good faith (VC 26)
DSU 43
withdrawal of notice of appeal (WP 30) as DSU
891
access to
dispute settlement process, limitation to WTO Members DSU 1041-2:
see also amicus curiae briefs
accession
(China), Transitional Review Mechanism AG 115
accession
(GATT XXXIII) Section XXIV
accession
(WTO XII)
accessions at December 2004 (WTO XII:1) WTO 191
accessions as at December 2004 (WTO XII:2) WTO 197
accessions (WTO XII:2), approval (Ministerial
Conference) (WTO IV:1) WTO 41
Decision-Making Procedures Under Articles IX and XII of
the WTO Agreement, Council decision (1995) WTO 163
Doha Declaration
(para. 9)
least developed countries: see least-developed
country Members, accession to membership
observer status WTO 187
Plurilateral Trade Agreements (WTO XII:3) WTO 198-200
Secretariat Note on procedures (1995) WTO 192
working parties on
establishment WTO
45, 194-5
terms of reference WTO 196
working parties under GATT 1947, accession WTO 188
Accountancy
Sector, Disciplines on Domestic Regulation (1998)
developing country Members (GATS IV:2) and GATS 40
GATS XVI and XVII obligations and GATS
51-2
transparency (GATS III) and GATS 35
Accountancy
Sector, Guidelines for Mutual Recognition Agreements or Arrangements (GATS
VII:4) GATS 55
ACP-EC
Partnership Agreement
Doha Declaration on WTO
38,
46
text
acquiescence:
see also estoppel
AD 5.5 violations and AD
277, 327
definition AD 277
activity
function rules: see MFN treatment (GATT
I:1), “advantage”, allocation of
tariff quotas
ad hoc
procedural agreements, table DSU 642
additional
procedures
amicus curiae briefs DSU
979, 1048, 1050
confidentiality of proceedings and DSU
485-90
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP)), provision for (WP 11) DSU 820-34
ADP
Committee: see Anti-Dumping Practices Committee
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
systematic offset as SCM 203
as required element for actionable subsidy SCM 199
SCM
7.1 as context SCM 201
“use” of subsidy SCM
201, DSU 99
adverse inferences from party’s refusal to provide
information, panel’s right to draw (DSU 13) DSU
365-6: see
also nullification or impairment
(DSU 3.8); “serious prejudice” (SCM 5(c));
serious prejudice (SCM 6)
as general principle of international tribunal practice
DSU 365
obligation to respond promptly to panel’s requests for
information and (DSU 13.1), confidential information and DSU 365
Aggregate
Measurement of Support (AMS) (AG 1(a)/Annex 3)
“constituent data and methodology” (AG 1(a)(ii))
AG 3-5,
127
beef, absence AG 4
external reference price, relevant period AG 5
“taking into account” AG 4
July package (Annex A)
“market price support” (Annex 3, para. 8),
“eligible”
AG 128
“provisions of Annex 3” / “constituent data and methodology”
(AG 1(a)(ii)), priority AG 4
total AMS (AG 1(h)), calculation AG 3 n.
6, 11
Agreement
on the Application of Sanitary and Phytosanitary Measures: see SPS
Agreement; SPS Committee
Agreement
on Implementation of Article VI of the General Agreement on Tariffs and Trade
1994: see Anti-Dumping Agreement (AD)
Agreement
on Implementation of Article VII of the General Agreement on Tariffs and
Trade: see Customs Valuation Agreement
Agreement
on Preshipment Inspection: see PSI Agreement
Agreement
on Safeguards (SG), as integral part of WTO Agreement WTO 13
Agreement
on Subsidies and Countervailing Measures: see SCM Agreement
Agreement
on Trade in Civil Aircraft: see Civil Aircraft, Agreement on Trade in
(AIR)
Agreement
on Trade-Related Investment Measures (TRIMs): see TRIMs Agreement
Agriculture
Agreement (AG): see also Aggregate Measurement of Support
(AMS)
(AG 1(a)/Annex 3); Agriculture Committee; costs of marketing exports (AG
9.1(d)); domestic support (AG 3); export subsidy, prohibited (AG
3.3); market
access (AG 4); special safeguards (AG 5)
blue box (AG 6.5 and July package, Annex A, para. 16)
consultation and dispute settlement (AG 19), table of
disputes AG 123
export competition commitments (AG 8)
July package (Annex A,
paras. 17-19)
waiver AG 54
GATT 1994 and (AG 21.1)
market access concessions and commitments (AG 4.1) and
GATT 110, AG 18, 126
“ordinary customs duties” (AG 4.2) and GATT 114
green box, Doha recommendation AG 93
Modalities Paper and, non-discrimination (GATT XIII) and
GATT 450, AG 126
non-tariff measures and GATT 395
object and purpose (Preamble)
fair and market-oriented trading system through
programme of fundamental reform (WTO Agreement/Doha Declaration, para. 13)
on-going reform AG 126
Uruguay Round Ministerial Declaration AG 1
Mid-Term Review AG 2
reform process, obligation to continue (AG 20): see
also agriculture (Doha Round)
launch of new round of negotiations (2000) AG 125
Singapore Ministerial Conference decision AG 124
review of implementation of commitments (AG 18)
annual consultations (AG 18.5) AG
119-20
counter notifications (AG 18.7) AG 122
notification requirements (AG 18.2) AG
116-17
developing country Members AG 118
opportunity to raise matter relevant to implementation
commitments (AG 18.6) AG 121
procedure AG
114-15
SCM Agreement and: see
also export subsidy,
prohibited (SCM, Part II), “contingent upon export performance” (SCM
3.1(a));
subsidy, definition (SCM 1)
specific action against dumping (AD 18.1): see
specific action against dumping (AD 18.1)
Agriculture
Committee
establishment WTO 72
Organization of Work and Working Procedures AG
114-15,
121
report on
Decision on Measures concerning the Possible Negative
Effects of the Reform Programme on Least-Developed and Net Food-Importing
developing country Members AG 96-100: see also
Least-Developed and Net
Food-Importing Countries, Decision on Measures concerning the Possible
Negative Effects of the Reform Programme, implementation (AG 16)
implementation of AG 10.2 AG
82-5
administration of tariff quotas (AG 18.2) AG 118
role and activities
China, Protocol of Accession, Transitional Review
Mechanism AG 115
review of implementation activities (AG 18) AG
114-22
rules of procedure (1996) WTO
73, AG 112
Special Session (Doha Round): see agriculture
(Doha Round), Special Session of Agriculture Committee
terms of reference AG 111
agriculture
(Doha Round)
Decision on Implementation-Related Issues and Concerns
(para. 2)
Agriculture Agreement (para.
2), approval of Agriculture
Committee’s recommendations (para. 2.2) GATT 84
food security (para. 2.1)
green box, food security and
(para. 2.1)
AG 93
text
July package
(para. 1(a) and
Annex A)
negotiating mandate (AG 20)
July package (Annex
A), market access (paras. 27-44)
modalities (para. 14)
non-trade concerns
special and differential treatment for developing
country Members (para. 13)
framework for establishing modalities (July package
(Annex A))
WTO/AG objectives as basis
Special Session of Agriculture Committee
establishment WTO 127
responsibility for negotiations WTO 127
AIR: see
Civil Aircraft, Agreement on Trade in (AIR)
Air
Transport Services (GATS, Annex), review (Annex, para 5) GATS 151
Aircraft Committee
Circulation and Derestriction of Documents of Civil
Aviation Committee, Decision AIR 3
reports (WTO IV.8) WTO
130, AIR 7
Technical Sub-Committee, establishment and terms of
reference AIR 8
amicus
curiae briefs
additional procedures DSU
979, 1048, 1050
containing another party s confidential information
DSU 491, 970
examples of admission/rejection DSU
1049-55
panel’s authority/discretion to accept or reject DSU
402, 418-20,
1043-7
preliminary rulings on DSU
970,
979, 1050
animals,
patents: see biodiversity, protection
Anti-Dumping
Agreement (AD): see also anti-dumping duties, duration and review (AD
11); anti-dumping
duties, imposition and collection (AD 9); determination of injury (AD
3);
developing country Members (AD 15); “domestic industry” (AD
4); investigation of
dumping (AD 5)/subsidy (SCM 11); provisional measures (AD
7); public notice of
preliminary or final determination (AD 12.2); sunset review (AD 11.3)
(including “likelihood” test)
applicability (AD 18.3)
pre-/post-WTO reviews AD 674
“reviews of existing measures” AD 673
conformity with domestic laws, regulations and
administrative procedures, obligation to ensure conformity (AD 18.4)
dispute settlement procedures, applicability to AD
596, 677
finding of non-conformity under any AD provision WTO
228-33, AD
684-5
“laws, regulations and administrative procedures”,
normative value as determining factor DSU 174
maintenance of inconsistent legislation AD 675
consultation and dispute settlement (AD 17): see
consultation and dispute settlement (AD 17)
Decision on Implementation-Related Issues and
Concerns and
annual review of implementation and operation of
Agreement, guidelines for improvement AD
681-2
initiation of anti-dumping investigation AD 229
evidentiary rules (AD 6), cooperation, standard,
good faith and TRIPS 41
GATT VI and
AD 1 as link AD
709-12
AD 18.1: see specific action against dumping (AD
18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM
Agreement
AD Agreement as context (VCLT 31.2) AD
706-7
AD Agreement and GATT 1994 as integral part of WTO
Agreement AD 479, 706-7
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
violation of AD 5 and AD 307
“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
GATT practice GATT 328
quantitative restrictions (GATT XI) and GATT 426
separability of provisions GATT
346, AD 706
violation of GATT VI, sufficiency for finding of
violation of AD 2.1 and 2.2 GATT 345, AD 97
obligations
notification of changes
to administration of laws and regulations (AD 18.5)
AD 679
to relevant laws and regulations (AD 18.5)
AD 679
preparatory work (VCLT 32)
AD 2.4.2 AD 64
n. 111
AD 3.4 AD 148,
150
Annex II AD
376, DSU 37
evidentiary rules (investigation of dumping) (AD 6)
determination of individual margins of dumping
(AD 6.10), general rule/deviation from AD 435
notification to all interested
parties of essential facts under consideration (AD 6.9), choice of means AD
426
principles (AD 1)
“anti-dumping measure” AD 1
“initiated” (AD, footnote 1) AD 269
“initiated and conducted in accordance with the
provisions of this Agreement” AD 2
developments during period of investigation,
relevance AD 3, 9-10
violation of other AD provisions as evidence of
breach of AD 1 AD 2, 571,
692: see also relationships within and between
agreements
review of implementation and operation (AD 18.6),
Decision on Implementation-Related Issues and
Concerns (para. 7.4)
standard/powers of review (AD 17.6): see
standard/powers of review (panel) (AD 17.6)
anti-dumping duties, duration and review (AD 11):
see also sunset review (AD 11.3)
AD 11.1 as general principle underlying AD 11.2 and
3 AD 490, 495
“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
497-8
necessity (AD 11.1) AD
490-2
“no-dumping finding” (AD 11.2), timing of revocation
of antidumping duty AD 498
review mechanism, AD 11.2 as AD 507
“warranted” (AD 11.2) AD
505, 507
anti-dumping duties, imposition and collection (AD
9)
“appropriate” amounts (AD 9.2) AD 460
assessment (AD 9.3)
de minimis test, AD 5.8 distinguished AD
289, 461-3
retrospective assessment (AD 9.3.1) AD 465
variable duties, possibility of AD
464-5
calculation of “all other” anti-dumping duty rate (AD
9.4)
avoidance of prejudice to non-investigate exporters
AD 467
avoidance of prejudice to non-investigated exporters
AD 467, 473
comparison of all comparable transactions (AD 2.4),
need for AD 469
limitation of sample (AD 6.10) and AD 436
“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
single exporter or producer (AD 9.4(i)), sufficiency
AD 470
zero/de minimis margins, exclusion AD 468
lesser duty, possibility of (AD 9.1) AD 584
Anti-Dumping Practices Committee
annual review of implementation and operation of
Anti-Dumping Agreement, guidelines for improvement and AD
681-2
changes in laws, regulation and administration, duty
to inform (AD 18.5) AD 679
notifications as of 29 October 2004 AD 680
establishment WTO 72
Members reports on anti-dumping actions (AD 16.4)
guideline on agreed standard form AD 590
guidelines on information to be provided in reports
submitted “without delay” AD 589
notification to government following receipt of
properly documented application for investigation (AD 5.5), recommendation on
timing AD 273
Periods of Data Collection for Anti-Dumping
Investigations, Recommendation Concerning: see data collection,
period for (AD 2 and AD 3), Anti-Dumping Practices Committee, Recommendation (2000)
review of AD 15 (developing country Members) AD
576,
682
rules of procedure (1996) WTO
73, AD 587-8
Appellate Body (AB) (DSU 17):
see also notice of
appeal, requirements (ABWP 20(2)); standard/powers of review (AB) (issues of
law and legal interpretations) (DSU 17.6); Working Procedures (appellate review
(DSU 17.9 and ABWP))
appointment of members (DSU 17.2) DSU 440
competence: see standard/powers of review (AB)
(issues of law and legal interpretations) (DSU 17.6)
establishment (DSU 17.1) DSU 439
proceedings, duration (DSU 17.5) DSU 441
replacement of member (ABWP 13)
in case of death DSU 842
for serious personal reasons DSU 844
Presiding Member DSU 843
reports
anonymity (DSU 17.11), concurring opinions (ABWP
3.2) DSU 477
as clarification GATT 154 n. 244
extension of deadline for circulation (DSU 17.5) DSU
442-5, 849
as precedent DSU 82
arbitration
(DSU 22.6): see also suspension of
concessions for non-implementation of DSB recommendations and rulings (DSU 22)
burden of proof, SCM 4.11 and DSU
691-2
“by the original panel” DSU 688
due process and DSU 659,
687
multiple complainants DSU 766
preliminary rulings (procedural aspects) DSU 693
procedural issues, rulings on DSU 693
right to participate in DSU 596
scope of review/arbitrators mandate (DSU 22.7)
ad hoc procedural agreements for implementation of
DSB recommendations and rulings DSU 643
agreement/sector for which authorization is sought (DSU
22.3), limitation to DSU 662
determination of “equivalence” (DSU 22.3) DSU
702, 732-45: see also
suspension of concessions for non-implementation of DSB
recommendations and rulings (DSU 22), level equivalent to nullification or
impairment (DSU 22.4)
methodology paper, request for DSU 730
“nature of concession”, exclusion (DSU 22.7) DSU
663, 733, 742
WTO-consistency as prior consideration DSU
739-40
DSU 22.6 and DSU 22.7 compared DSU 701
rejection of proposed level of suspension and DSU
743-5
suspension of concessions or “other obligations”,
limitations on role DSU 704-7
scope of review/arbitrators mandate (SCM 4.11)
burden of proof, allocation SCM 195
determination of “appropriateness/appropriate”
countermeasure SCM 191, DSU
746, 776-7
specificity requirements
agreement and sectors (DSU 22.3) DSU
660, 662, 663,
674
arbitrators margin of discretion DSU 680
DSU 3 provisions and DSU 686
DSU 6.2 requirements, applicability DSU
659, 687
product list DSU 663-4
specific level of suspension (DSU 22.4) DSU
660, 661, 663,
733
third party rights DSU
695-7
timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements
DSU 625-35, 643
agreement not to appeal Article 21.5 panel report
DSU 630
agreement not to object to Article 22.6 arbitration
DSU 633
direct recourse to Article 22 DSU 632
non-application of 30-day Article 22.6 deadline DSU
634-5
recourse to Article 21.5 before Article 22 DSU
626–8
simultaneous recourse to Article 21.5 and Article 22
DSU 629
withdrawal of Article 22 arbitration request DSU 631
working procedures DSU
893-6
late submission of evidence DSU 894
opportunity to comment, need for DSU 894
new argumentation, cut-off date DSU 895
sample text DSU 893
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, 801
DSU 22.6 DSU 789, 792
confidentiality of proceedings: see also
confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3)
applicability of AB practice DSU 796
Decision on improvements to the GATT dispute
settlement procedures (1989) and DSU 801 n. 1178
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 788
determination of level of nullification or
impairment (DSU 22.4) 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
Argentina, ATC safeguard measures (ATC 6), TMB
discussion ATC 52, 75,
106, 107,
109-12
Argentina
— Ceramic Tiles (Panel), WT/DS189/R, DSR
2001:XII
Anti-Dumping Agreement (AD), preparatory work (VCLT
32), evidentiary rules (investigation of dumping) (AD 6), notification to all
interested parties of essential facts under consideration (AD 6.9), choice of
means AD 426
anti-dumping duties, imposition and collection (AD
9), calculation of all other anti-dumping duty rate (AD 9.4), limitation of
sample (AD 6.10) and AD 436
determination of dumping (AD 2)
fair comparison of export price and normal value (AD
2.4)
determination of individual margins (AD 6.10) distinguished AD 437 n.
573, 443
“due allowance”, “in each case, on its merits”
AD 56
evidentiary rules (investigation of dumping) (AD 6)
accuracy of information, authorities obligation to
satisfy themselves (AD 6.6), as responsibility of authorities AD 367
confidential information (AD 6.5)
non-confidential summaries (AD 6.5.1)
as balance between protection of confidentiality and
need to ensure opportunity to defend interests AD
416, 424
purpose AD 358
public notice of determinations (AD 12) and AD
417,
449
right to rely on AD
416-18, 570
unwarranted request for confidentiality, right to
disregard information (AD 6.5.2) AD 416-553
determination of individual margins of dumping (AD
6.10)
individual margin for each known exporter or producer
AD 437
exporter or producer not originally selected (AD
6.10.2) AD 437
facts available to investigating authority, right of
resort to (AD 6.8/Annex II)
failure to submit necessary information “in timely
fashion” (Annex II, para. 3) and, interpretation in light of AD 6.1.1,
6.8/Annex II, para.1 AD 423
reasons for disregarding information, need for AD
414
resort to, requirements AD 385
specification “in detail” (Annex II, para. 1) AD 384
“notice of the information … and ample opportunity
to present in writing all evidence” (AD 6.1), clear request for information,
need for AD 308, 332,
384, 423
notification to all interested parties of essential
facts under consideration (AD 6.9), choice of means at Members discretion AD
426
on-the-spot verification (AD 6.7), as option AD 367
n. 464, 369, 689
implementation of recommendations and rulings of the
DSB (DSU 21), prompt compliance (DSU 21.1), judicial economy and DSU 1040
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 416
judicial economy, discretionary nature, precise
recommendations and rulings by DSB and DSU 1040
nullification or impairment (DSU 3.8), adverse
impact/prejudice, relevance DSU 98
public notice and explanation of determinations (AD
12), confidentiality of information (AD 6.5) and AD
417, 449
relationships within and between agreements
AD 2.4/AD 6.10 AD 437 n.
573, 443
AD 6.1.1/AD 6.8 AD 332
AD 6.5/AD 12 AD 570
AD 6.5/other AD 6 paragraphs AD 364
AD 6.8/AD 3 AD 418
AD 6.8/AD 12 AD
417, 449
AD 6-10/AD 94 AD
436, 437, 478
request for establishment of panel, requirements (DSU 6.2), identification of specific measures at
issue DSU 98
standard/powers of review (panel) (AD 17.6),
investigating authorities establishment of the facts (AD 17.6(i)), evaluation
as at time of determination AD 638
Argentina
— Footwear (EC) (AB), WT/DS121/AB/R, DSR
2000:I
Agreement on Safeguards, as integral part of WTO
Agreement WTO 13
customs unions (GATT XXIV:5(a))
as defence or exception, on formation of customs
union, limitation to, “would be prevented” unless requirement AG 62
definition (GATT XXIV:8(a)), internal trade
arrangements (GATT XXIV:8(a)(i)) AG 62-3
safeguard measures (SG 2.1, footnote 1) GATT 722
right to exclude members of customs union from AG 65
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 178-9, 183
factors other than increased imports causing injury,
non-attribution requirement AG 193
relevance in absence of serious injury AG 213
evaluation of all relevant factors (SG 4.2(a)) AG
116, DSU 381
all factors listed in SG 4.2(a) AG 143
“such increased quantities”, trends, need to examine
AG 27, 48, 155-6
GATT 1947, WTO continuity with, incorporation of
GATT 1947 provisions into WTO Agreement GATT 3
interpretation of covered agreements
guidelines
consistency with article/agreement as a whole DSU 56
effectiveness principle (ut res magis valeat quam
pereat/effet utile), meaning to be attributed to every word and phrase
WTO 13,
DSU 56
object and purpose GATT
524, DSU 56
SG/GATT XIX GATT 524
means
dictionaries GATT 529
same or closely related phrases in different
agreements, GATT XIX:1(A)/SG 2.1 AG 6
ordinary meaning
“apply as single unit or on behalf
of a Member state” (SG 2.1, footnote 1) AG 62
“as a result of unforeseen developments” (GATT
XIX(1)(a)) GATT 529, AG 6
“conforms with the provisions” (SG 11.1(a)) GATT
568,
AG 5
judicial economy
discretionary nature DSU 1036
prior decision on another point rendering discussion
otiose GATT 550, AG 171
relationships within and between agreements
GATT XIX:1 GATT
523, 529
GATT XIX:1/SG 2 and 4 GATT
531, 550
SG 3.1/SG 4.2(a) AG 215
SG 3.1/SG 4.2(c) AG 215, DSU
288, 332
request for establishment of panel, requirements (DSU
6.2), legal basis of claim, limitation of jurisdiction to cited provisions,
whether (DSU 7.2) AG 215, DSU 288, 332
safeguard measures (SG/GATT XIX)
conditions (SG 2)
“as a result of unforeseen developments” (GATT
XIX:1(a)) AG 6
“as a result … of the effect of obligations
incurred by Member” GATT 552-3
condition (SG 2.1) distinguished GATT 541
critical date GATT 547
omission from SG 2.1, relevance GATT
531, 569,
DSU 56
as extraordinary/emergency remedy GATT
523-4
parallelism between SG 2.1 and SG 2.2, “product being imported”
AG 64-5
“product being imported” (SG 2.1), as sudden and
recent increase AG 30-1
regional agreements/customs unions and (SG 2.1,
footnote 1) GATT 722
right to exclude member of customs union from AG 65
“such increased quantities”
“rate and amount of the increase … in absolute and
relative terms” (SG 4.2(a)) AG 25, 178-9
sufficient to cause serious injury or threat AG 31
territorial application AG 64
relationship between Safeguards Agreement and GATT
XIX GATT 521
continuing applicability of GATT XIX GATT
568-9
rules for application of GATT XIX (SG 1 and 11.1(a))
GATT 568-9, AG
5-6
standard/powers of review (AB) (issues of law and
legal interpretations) (DSU 17.6), completion of the legal analysis in case
of, agreement with panel DSU 466
standard/powers of review (panel) (DSU 11)
applicability to Safeguards Agreement AG 145
“objective assessment of the facts”
de novo review,
exclusion DSU 381
obligation to examine and evaluate all the evidence
available to it AG 145
“objective assessment of matter before it”, ultra
petita finding on provision not before it AG 215, DSU
288, 332
third party rights, AB proceedings (ABWP 24), “passive” participation
DSU 871
WTO Agreement
cumulative nature of obligations AG 6
as single treaty instrument WTO 13
Argentina
— Footwear (EC) (Panel), WT/DS121/R, DSR
2000:I
customs unions (GATT XXIV:5(a))
as defence or exception, on formation of customs
union, limitation to, “would be prevented unless” requirement AG
62-3
definition (GATT XXIV:8(a)), internal trade
arrangements (GATT XXIV:8(a)(i)) AG 62-3
safeguard measures (SG 2.1, footnote 1) GATT 722
determination of serious injury or threat thereof (SG
4), requirements
causation (SG 4.2(b))
analysis of conditions of competition, need for AG
186-8
coincidence of trends in imports and in injury
factors AG 178, 183
evaluation of all relevant factors of objective and
quantifiable nature AG 170
factors other than increased imports causing injury,
non-attribution requirement AG 170, 192-3
evaluation of all relevant factors (SG 4.2(a))
all factors listed in SG 4.2(a) AG 142
price analysis, relevance AG 58
segmented domestic industry and AG 163
“serious injury” (SG 4.1(a))/ “threat of serious injury”
(SG 4.1(b)), simultaneous determinations, possibility of AG 126
“such increased quantities”, trends, need to examine
AG 26-30, 155, 166
“threat of serious injury” (SG 4.1(b)), actual
increase in imports, need for AG 124
interpretation of covered agreements
means
same or
closely related phrases in different agreements, GATT XIX:1(a)/SG 11.1(a) GATT
523
same or closely related phrases in same agreement,
ATC 6.4/SG 4.2(a) AG 142
ordinary meaning, “apply as single unit or on behalf
of a Member state” (SG 2.1 footnote 1) AG 62
notification and consultation (SG 12)
“all pertinent information” (SG 12.2), precise
description of proposed measure AG 273
modifications reducing restrictiveness of measure,
limitation to AG 231, 232
right to request additional information, relevance
AG 273
reasoned and adequate explanation, need for (SG 3.1)
causation (SG 2.1/SG 4.2(b)) AG 170
panel’s obligation to confirm AG 170
relationships within and between agreements
SG 2 and 4/SG 5 AG 224
SG 2 and 4/SG 12 AG 273
SG 2/SG 4 AG 19
SG 2.1 and 4/SG 6 AG
83, 230
SG 2.1, 4.1(c) and 4.2(b)/SG 2.2, 3.1, 51.8, and 12
AG 83
SG 2.1/4.2(a) AG
25-8
request for establishment of panel, requirements (DSU
6.2), identification of specific measures at issue, numbers of measures,
sufficiency DSU 205
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, 51-3
customs unions and (SG 2.1, footnote 1) GATT 722
“product being imported” (SG 2.1), as sudden and recent increase AG 230-1
“such increased quantities”
quantity as determining factor AG 24
“rate and amount of the increase … in absolute and
relative terms” (SG 4.2(a)) AG 25, 178
duration and review (SG 7), modifications reducing
restrictiveness (SG 7.4) AG 231, 275
safeguard measures (SG/GATT XIX), customs unions and
free trade areas (GATT XXIV) exception, applicability, free trade
agreements/customs unions and (SG 2.1, footnote 1) AG 62
standard/powers of review (panel) (DSU 11)
applicability to Safeguards Agreement AG 145
reasoned and adequate explanation (SG 3.1), need to
confirm AG 145, DSU 381
terms of reference of panels (DSU 7), identification
of specific measures at issue, amendment of measures following establishment
of panel DSU 269-70
transitional safeguards (ATC 6), relevant factors (ATC
6.3), obligation to examine all AG 142
Argentina
— Hides and Leather dispute, WT/DS155, DSR
2001:II, 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 628
Argentina
— Hides and Leather (Panel), WT/DS155/R and
Corr.1, DSR 2001:II
Appellate Body (AB) (DSU 17), reports, as
clarification GATT 154
General Exceptions (GATT XX), measures necessary to
secure compliance with GATT-consistent measure (GATT XX(d)), “necessary” GATT
618
interpretation of covered agreements, means, same or
closely related phrases in same agreement, GATT VII:2(b)/GATT X:3(a) GATT 381
“like product” (GATT III:2 and III:4)
hypothetical “like product” GATT 165
relevant factors
differences between sellers GATT 181
nationality of producer or origin of product GATT
250
national treatment, general principle (GATT III:1)
applicability, measures imposed at the time or point
of importation (“internal measures”) (GATT Ad Art. III), imposition on like
domestic product requirement GATT 123-4
“so as to afford protection”, equality of competitive
relationship GATT 119
national treatment, tax discrimination (GATT III:2)
“charge of any kind” GATT 173
determination of violation requirements
aims and effects test/policy purpose GATT
129, 185
duration of tax differential, relevance GATT 180
economic impact GATT
119, 176
“directly or indirectly” GATT 188
methodology of comparison, individual transactions
basis GATT 176-7,
210, 218
“so as to afford protection”
as application of general principle (GATT III:1)
GATT 154
design and structure of measure as evidence of
protective application GATT 165
non-discriminatory administration of quantitative
restrictions (GATT XIII)
publication and administration of trade regulations
(GATT X:3(a)) GATT 380-3
“reasonable” (risk of disclosure of confidential
information) GATT 383
publication and administration of trade regulations
(GATT X)
measures of general application (GATT X:1) GATT
376
relationship with other GATT provisions GATT 387
substantive content distinguished GATT 387 n. 585
uniform, impartial and reasonable administration
(GATT X:3(a)) GATT 376
applicability to individual traders GATT 380
discrimination between Members, relevance GATT
375,
389
“impartial” (presence of private parties during
customs process) GATT 382, DSU 202
as procedural requirement GATT 376
“uniform” GATT 381
quantitative restrictions, elimination (GATT XI)
“prohibition or restriction” (GATT XI:1)
causal link, need for GATT 406
de facto restrictions GATT
404, 406
equality of competitive conditions as test GATT 406
evidence of, trade effects GATT 406
presence of private parties during customs process
GATT 404, 406
private action, relevance GATT 405
relationships within and between agreements, GATT
/GATT as a whole GATT 375
Argentina
— Hides and Leather (Article 21.3),
WT/DS155/10, DSR 2001:XII
implementation of recommendations and rulings of the
DSB (DSU 21)
impracticality of immediate compliance/reasonable
period of time (DSU 21.3, chapeau), “reasonable period”, economic and social
conditions, relevance DSU 538, 582,
585
prompt compliance (DSU 21.1)
“compliance” DSU
537-8
modification of underlying economic or social
conditions distinguished DSU 538
interpretation of covered agreements, specific terms
and phrases, “compliance” (DSU 21.1) DSU 537-8
Argentina
— Poultry Anti-Dumping Duties (Panel),
WT/DS241/R, DSR 2003:V)
anti-dumping duties, imposition and collection (AD
9)
“appropriate amounts” (AD 9.2) AD 460
assessment (AD 9.3)
retrospective assessment (AD 9.3.1) AD 465
variable duties, possibility of AD
464-5
confidentiality of proceedings (DSU 14/DSU 17.10/DSU
18.2/WP 3)
“submissions” and statements of own position
distinguished DSU 482
time limits for non-disclosure DSU 483
data collection, period for (AD 2 and AD 3)
use of different periods
dumping/injury determinations AD 104
injury factors AD 103
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) “comparable” AD
251-2
“normal value” AD
82–3
determination of injury (AD 3)
evaluation of injury factors (AD 3.4), “objective
examination” requirement (AD 3.1) and AD 118
“positive evidence” / “objective examination
requirement” (AD 3.1)
“objective examination”, “consequent impact” (AD
3.1(b)) AD 118
use of different periods for data collection and AD
103
for dumping and injury investigations AD 104
“domestic industry” (AD 4)
“a major proportion of the total domestic production”
(AD 4.1) AD 226
interpretation in accordance with AD 4.1, obligation
AD 228
estoppel, panel competence, related proceedings in
another forum and DSU 79, 248,
948
evidentiary rules (investigation of dumping) (AD 6)
determination of individual margins of dumping (AD
6.10), procedural nature AD 438
facts available to investigating authority, right of
resort to (AD 6.8/Annex II), “information appropriately submitted so that it
can be used … without undue difficulties” (Annex II(3)) AD 396
“notice of the information” … and ample opportunity
to present in writing all evidence (AD 6.1)
access to information provided by another interested
party (AD 6.1.1/AD 6.1.2), “interested parties participating in the
investigation” AD 323
“questionnaires” (AD 6.1.1), failure to send,
relevance AD 316
notification to all interested parties of essential
facts under consideration (AD 6.9), “essential facts” AD
427-8
implementation of panel or AB recommendations (DSU
19.1), right of panel or AB to make suggestions DSU 513
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)], treaty application and treaty interpretation distinguished
DSU 23
specific terms and phrases, “comparable” (AD 2.4.2)
AD 251-2
investigation of dumping (AD 5)/subsidy (SCM 11)
evidence, sufficiency (AD 5.2)
evidence of causal link (AD 5.2(iv)), evidence for
purposes of preliminary or final determination distinguished AD 248 n. 317
evidence of dumping AD 250
evidence, sufficiency, investigating authority’s
obligation to examine accuracy and adequacy (AD 5.3), AD 2.4 compared AD
251-2
evidence, sufficiency, simultaneous consideration of
evidence of dumping and injury (AD 5.7), initiation of investigation in
absence of sufficient evidence (AD 5.3) and AD
282
MERCOSUR ad hoc Arbitral Tribunal, proceedings
before as impediment (estoppel) to DSU proceedings DSU
79, 248, 948
MERCOSUR ad hoc Arbitral Tribunal, relevance of
decisions in DSU proceedings DSU 23
preliminary rulings on
confidentiality issues DSU
966
double fora DSU 948
public notice of initiation of investigation (AD
12.1)
“interested parties”, obligation to in absence of
contact details AD 550
notification and public notice distinguished AD 549
relationships within and between agreements, AD
9.2/AD 9.3 AD 460
standard/powers of review (panel) (AD 17.6),
investigating authorities establishment of the facts (AD 17.6(i)), evaluation
as at time of determination AD 639
Argentina
— Preserved Peaches (Panel), WT/DS238/R, DSR
2003:II
reasoned and adequate explanation need for (SG 3.1),“as a result of unforeseen developments” (GATT XIX:1(a)), “demonstration”, need for GATT
534-5
safeguard measures (SG/GATT XIX)
conditions (SG 2)
“as a result of unforeseen developments” (GATT
XIX:1(a)) GATT 530
critical date GATT 549
“demonstration”, need for GATT
534-5
“product being imported” (SG 2.1)
“recent” AG
38-9
as sudden and recent increase AG
38-9
Argentina
— Textiles and Apparel (AB), WT/DS56/AB/R,
DSR 1998:III
decisions, procedures and customary practices under
GATT 1947 (WTO XVI:1), panel reports (unadopted) WTO 219
due process (dispute settlement proceedings), panel
working procedures, need for DSU 921
evidence (panel procedures) (DSU 12)
time limits for submission
absence of provision
(Working Procedures (Appendix 3)) DSU 367
panel’s right to admit “late” evidence DSU 367
absence of objection by other party DSU 367
time limit for rebuttal DSU 367
as two-stage process DSU 367
presentation of case including facts DSU 367
rebuttal of arguments and evidence DSU 367
information or technical advice, panel’s right to
seek (DSU 13/SPS 11.2)
“information from any relevant source” (DSU 13.2)
DSU
429
panel’s rights, not to seek DSU 346 n.
516, 429
International Monetary Fund (IMF)/WTO relationship (WTO
III:5)
Agreement (1997)
as fulfilment of WTO mandate to cooperate as
appropriate with IMF WTO 26
Members rights and obligations under IMF and WTO
Agreements, effect on WTO 26, GATT 361
consultations and exchange of information,
obligation, whether WTO 27
Declaration of Coherence in Global Economic
Policymaking (1994), legal effect WTO 26,
239, GATT
359, 361
Declaration on the Relationship Between the IMF and
WTO (1994) WTO 26, 240,
GATT 361
GATT VIII, obligations and WTO
26, 239, 240,
GATT 356, 359
interpretation of covered agreements, means, “any
subsequent practice … which establishes the agreement of the parties
regarding its interpretation” (VCLT 31(1)(b)), panel reports WTO 219
panel reports, legal status, unadopted reports WTO 219
relationships within and between agreements, GATT
II:1(a)/GATT II:1(b) GATT 103
Schedules of Concessions (GATT II)
interpretation and clarification, GATT II:1(a) and
(b), interrelationship GATT 103
ordinary customs duties in excess of those provided
for in Schedule (GATT II:1(b)), duty different in type GATT
98-102
standard/powers of review (panel) (DSU 11), “objective assessment of matter before it”, failure to make as abuse of
discretion DSU 367
terms of reference of panels (DSU 7), identification
of specific measures at issue, amendment of measures during AB proceedings DSU
273
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP))
applicable law
agreement of parties to alternative procedure DSU 367
panel’s right to determine DSU 367
panel proceedings as two-stage process DSU 367
panel’s margin of discretion DSU 367
Argentina
— Textiles and Apparel (Panel), WT/DS56/R,
DSR 1998:III
disclosure obligation, burden of proof and DSU 999
fees and formalities connected with importation and
exportation (GATT VIII)
“limited … to the approximate cost of services
rendered” (GATT VIII:1(a))
ad valorem charge GATT
354-5
fiscal charge GATT 355
good faith (including pacta sunt servanda principle
(VCLT 26))
burden of proof/presumption of DSU 261
as general principle of international law DSU 261
International Monetary Fund (IMF)/WTO relationship (WTO
III:5)
Declaration on Coherence in Global Economic Policymaking (1994), legal effect
WTO 239
GATT VIII, obligations and WTO
239, GATT 354, 356
interpretation of covered agreements, means, “any
subsequent agreement … regarding its interpretation or application” (VCLT
31(3)(a)), Report of Working Party on Accession of the Democratic Republic of
the Congo GATT 355
judicial economy, limitation of consideration to
claims essential to resolution of dispute (DSU 3.2) DSU 260
preliminary rulings (procedural aspects), refusal
DSU 947
Schedules of Concessions (GATT II), ordinary customs
duties in excess of those provided for in Schedule (GATT II:1(b)), duty
different in type GATT 98
terms of reference of panels (DSU 7)
identification of specific measures at issue
termination of measures before agreement on terms of reference
DSU 260-2
continuing relevance DSU
262
good faith obligation not to reintroduce DSU 261
unilateral amendment, exclusion DSU 260
“arms length” (Illustrative List, SCM Annex 1 (item
(e)), footnote 59) SCM 20-2
ASEAN Free Trade Area, Common Effective Preferential
Tariffs (CEPT) scheme, Enabling Clause and GATT 34
Assets, Liabilities, Records, Staff and Functions
from GATT to the WTO, Agreement on (1994) WTO 157
ATC (Agreement on Textiles and Clothing):
see
transitional safeguards (ATC 6)
Australia
— Ammonium Sulphate (Working Party Report),
BISD 11/188
non-violation claims (GATT XXIII:1(b))
nullification or impairment, need for
causality GATT
671
competitive relationship as key factor GATT
671
Australia
— Automotive Leather I (WT/DS106)
multiple panels/same complainant/same dispute,
possibility of DSU 154
request for establishment of panel, general
considerations (DS 6)
multiple panels involving same parties and claims,
possibility of DSU 154
termination of panel, right of DSU
154
Australia
— Automotive Leather II dispute (WT/DSR126,
DSR 1999:III)
arbitration (DSU 22.6)
timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements
agreement not to appeal Article
21.5 panel report DSU 630
non-application of 30-day Article 22.6 deadline DSU
634-5
recourse to Article 21.5 before Article 22 DSU 626
Australia
— Automotive Leather II (Panel), WT/DS126/R, DSR 1991:III
consultations (DSU 4), confidentiality (DSU 4.6),
disclosure of information obtained in different proceedings DSU 137
consultations (SCM 4.1-4)
accelerated nature of proceedings, effect SCM
148-9
object and purpose, clarification and development of
the facts of the situation (SCM 4.3) SCM 150
“statement of available evidence” (SCM 4.2)
all facts distinguished SCM 148
disclosure of arguments distinguished SCM 148
DSU 4.4 distinguished SCM 150
new evidence, right to submit, objective assessment
(DSU 11) and SCM 149
request for establishment of panel (SCM 4.4) distinguished SCM 151
export subsidy, prohibited (SCM, Part II)
“contingent in fact” … (SCM 3.1(a))
case by case approach SCM
101-2
close connection, need for SCM 94
examination of all relevant facts, need for (SCM
3.1(a), footnote 4) SCM 101
facts at time of establishment of conditions for
grant, limitation to SCM 102
“tied to” (SCM 3.1(a), footnote 4) SCM 94
“contingent upon export performance” (SCM 3.1(a)),
burden of proof, knowledge or expectation, sufficiency SCM 105
information or technical advice, panel’s right to
seek (DSU 13/SPS 11.2)
expert evidence (DSU 13.2), SCM 4.2 (statement of
available evidence) and SCM 150
“information from any relevant source” (DSU 13.2)
DSU
430
interpretation of covered agreements
ordinary meaning, “statement of available evidence” (SCM
4.2) SCM 148
specific terms and phrases, “contingent” (SCM 3.1)
SCM
94
relationships within and between agreements, DSU
19.1/SCM 4.7 DSU 534
standard/powers of review (panel) (DSU 11)
“objective assessment of the facts”
evidence, alleged
disregard or distortion by panel
obligation to examine and evaluate all the
evidence available to it DSU 342
obligation to examine and evaluate evidence DSU 342
“objective assessment of matter before it” , SCM 4.2
(statement of available evidence) and SCM 149
“withdrawal of subsidy without delay” (SCM 4.7),
“without delay”, as specifically prescribed time-period (SCM 4.12) SPS 163
Australia
— Automotive Leather II (Article 21.5 US)
(Panel), WT/DS126/RW and Corr.1, DSR 2000:III
preliminary rulings on, third party rights DSU
961-2
relationships within and between agreements, DSU
19.1/SCM 4.7 DSU 9, 534
request for establishment of panel, requirements (DSU
6.2), identification of specific measures at issue, exclusion of measure
included in request for establishment DSU 254
review of implementation of DSB rulings (DSU 21.5),
third party rights (DSU 10), access to second written submissions DSU 617
standard/powers of review (panel) (DSU 11), “objective assessment of matter before it”,
all arguments, need to consider DSU
334
third party rights, panel proceedings (DSU 10 and
Appendix 3), right to receive submissions to first meeting of the panel,
limitation to (DSU 10.3) DSU 617, 961
“withdrawal of subsidy without delay” (SCM 4.7)
partial repayment, sufficiency SCM 164
repayment of past subsidy/retroactive effect SCM
161-2, 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
withdrawal of subsidy as SCM 7.8 remedy compared SCM
169
Australia
— Salmon (AB), WT/DS18/AB/R, DSR 1998:VIII
due process (dispute settlement proceedings),
opportunity to respond to evidence/presentations of other parties DSU
401, 929
interpretation of covered agreements
ordinary meaning, “likelihood” SPS 219
specific terms and phrases, “likelihood” (SPS Annex A,
para. 4) SPS 219
judicial economy, “positive solution to dispute
requirement” (DSU 3.7) and DSU 1038
relationships within and between agreements
SPS 2.2/SPS 51 SPS 32
SPS 2.2/SPS 5.6 SPS 160
SPS 2.3/SPS 5.5 SPS 45
request for establishment of panel, requirements (DSU
6.2)
identification of specific measures at issue DSU 255
measure actually applied DSU 255
risk assessment, need for (SPS 5.1-5.3 and Annex A,
para. 4)
“available scientific evidence” (relevant factors) (SPS
5.2), unknown and uncertain elements, effect SPS
101, 129
elements/three-pronged nature of test (Annex A, para.
4) SPS 103
elements/three-pronged test (Annex A, para. 4), “potential”,
“likelihood” distinguished SPS 222
“likelihood” SPS
103, 219
“risk assessment” (Annex 4, para. 4) SPS 216
standard/powers of review (AB) (issues of law and
legal interpretations) (DSU 17.6), completion of analysis SPS 104
SPS Agreement, basic rights and obligations (SPS 2),
arbitrary or unjustifiable discrimination, exclusion (SPS 2.3), appropriate
level of protection and (SPS 5.5) SPS 45
SPS measures, appropriate level of protection (SPS
5.5-5.6)
consistency in application (SPS 5.5), discrimination
or disguised restriction of trade resulting from inconsistency, warning
signals SPS 140
measures not “more trade restrictive than required to
achieve their appropriate level of … protection” (SPS 5.6)
“appropriate level” , determination
Members explicit statement, right of Panel/AB to
challenge SPS 152
Members obligation SPS 151
Members right SPS 149
as preliminary to decision on measure SPS 153
“taking into account technical and economic
feasibility” SPS 160
zero-risk SPS 123
cumulative nature of obligations SPS 148
requirements (SPS 5.6, footnote 3) SPS 147
standard/powers of review (AB) (issues of law and
legal interpretations) (DSU 17.6)
classification as issue of law or fact, evaluation
of the evidence DSU 450
completion of the legal analysis in case of
disagreement with the panel DSU 469
Panel’s failure to address correct issue SPS
155, 160, DSU 465
findings or developed legal interpretations,
limitation to (DSU 17.13) SPS 175
standard/powers of review (panel) (DSU 11)
“objective assessment of the facts”
evidence, alleged disregard or distortion by panel discretion in assessment of evidence
DSU 340
egregious error, need for DSU 351
terms of reference of panels (DSU 7), as definition
of jurisdiction/legal claims at issue SPS 175
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP)), high quality reports/avoidance of delay, flexibility in achieving
balance (DSU 12.2) DSU 401, 928
Australia
— Salmon (Panel), WT/DS18/R and Corr.1, DSR
1998:VIII
expert review groups, rules and procedures (DSU,
Appendix 4), appointment procedures SPS 193
harmonization of SPS measures (SPS 3)
measures based on international standards (SPS 3.1)
validity of OIE standards SPS 55
“where they exist”, availability for some but not all
diseases SPS 54
interim review (DSU 15), “precise aspects of the
interim report”, limitation to (DSU 15.2) DSU 433
order of analysis, specific/general provision SPS
212
quantitative restrictions, elimination (GATT XI), SPS Agreement and
GATT 425
relationships within and between agreements
GATT XI/SPS 2.4 DSU 905
GATT XI/SPS GATT 425,
SPS 209
SPS 2/SPS 3 SPS 47
SPS 2/SPS 5 SPS 47
SPS 2.2/SPS 5.1 and 5.2 SPS 128
SPS 2.2/SPS 5.6 SPS 160
SPS 2.3/SPS 5.5 SPS 44
SPS 3.2/SPS 5.6 SPS 65
SPS 5.1/SPS 5.5 SPS 123
request for establishment of panel, requirements
(DSU 6.2), identification of specific measures at
issue, measure actually applied DSU 255
risk assessment, need for (SPS 5.1-5.3
and Annex A, para. 4)
“appropriate to the circumstances” (SPS 5.1) SPS 120
arbitrary or unjustifiable inconsistencies,
obligation to avoid (SPS 5.5) and SPS 123
relevance of
official status of report SPS 110
studies in another product category SPS 79
“risk assessment” (Annex 4, para. 4) SPS
216, 218
specificity of assessment, need for (SPS 5.1 and
5.2) SPS 114
“sufficient scientific evidence” requirement (SPS 2.2)
and SPS 128
timing of assessment (SPS 5.1) SPS 112
zero risk, unacceptability of concept SPS 115
SPS Agreement
definitions (Annex A), “sanitary measure” (Annex A,
paras. 1(a) and 1(b)) SPS 213
quantitative restrictions (GATT XI) and GATT 425
SPS measures, appropriate level of protection (SPS
5.5-5.6)
consistency in application (SPS 5.5)
cumulative nature of obligations SPS 45
discrimination or disguised restriction of trade
resulting from inconsistency, warning signals SPS 140
distinctions in the level of protection in different
situations, comparability SPS 136-8
measures “not more trade restrictive than required to
achieve their appropriate level of … protection” (SPS 5.6)
alternative measure “significantly less restrictive
to trade” SPS 154
“appropriate level”, determination
Members explicit statement, right of Panel/AB to
challenge SPS 152
“taking into account technical and economic
feasibility” SPS 160
recommendations of relevant international
organizations and SPS 65
SPS 2.2 and SPS 155
standard/powers of review (AB) (issues of law and
legal interpretations) (DSU 17.6), completion of the legal analysis in case
of, disagreement with panel finding SPS 104
standard/powers of review (panel) (DSU 11), risk
assessment (SPS Agreement), exclusion SPS 95, 132
transparency of SPS regulations (SPS 7 and Annex B),
enquiry points (Annex B, para. 3), obligation to identify appropriate level of
protection, whether SPS 227
Australia
— Salmon (Article 21.5 Canada) (Panel),
WT/DS18/RW, DSR 2000:IV
competence of panels and AB (DSU 3.2), not to add to
or diminish rights and obligations (DSU 3.2/19.2) SPS 215
expert review groups, rules and procedures (DSU,
Appendix 4)
appointment procedures SPS 193
methods for obtaining advice SPS 194
preliminary rulings on, third party rights DSU 962
relationships within and between agreements
SPS 2/SPS 5 SPS 48
SPS 5.1 and 5.6/Annex A, para. 4 SPS 215
review of implementation of DSB rulings (DSU 21.5)
“measures taken to comply”, parties’ assessment,
relevance DSU 605
third party rights (DSU 10), right to receive
submissions to first meeting of the panel, limitation to (DSU 10.3) DSU
618,
962
risk assessment, need for (SPS 5.1-5.3 and Annex A,
para. 4)
elements/three-pronged nature of test (Annex A, para.
4) SPS 103 n. 120
identification of diseases and potential biological
and economic consequences to be protected against SPS 215
“risk assessment” (Annex 4, para. 4) SPS 215,
219
timing of assessment, publication of assessment, relevance
SPS 113
SPS Agreement
applicability (SPS 1.1), measures taken by body
other than central government (SPS 13) SPS 205
basic rights and obligations (SPS 2)
arbitrary or unjustifiable discrimination, exclusion
(SPS 2.3)
discrimination between different products SPS 39
requirements SPS 38
control, inspection and approval procedures (Annex
C) SPS 230
implementation (SPS 13), measures taken by body
other than central government SPS 205
SPS measures, appropriate level of protection (SPS
5.5-5.6)
consistency in application (SPS 5.5), distinctions
in the level of protection in different situations, comparability SPS
136-8
measures “not more trade restrictive than required to
achieve their appropriate level of … protection” (SPS 5.6), “appropriate level”, determination,
“taking into account technical and economic feasibility” SPS
156
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