|
data collection, period for
(AD 2 and AD 3) AD 129
absence of provision AD
102, 129
Anti-Dumping Practices Committee, Recommendation (2000) AD
8, 129,
291
as indication of Members’ understanding of appropriate
implementation practice AD 129 129
n. 160
public notice of determination (AD 12.2), inclusion of
reasons for AD 8, 556
use of different periods
dumping/injury determinations AD
104
injury factors AD
103
data collection, period for (AD 10.6)
AD 488
Decision on Implementation-Related Issues and Concerns
adoption (Doha Declaration, para. 12) WTO
38, 46
Agriculture Agreement (para. 2): see
also agriculture (Doha Round), Decision on Implementation-Related Issues
and Concerns (para. 2)
Anti-Dumping Agreement (para. 7) AD
229,
681–2
Customs Valuation Agreement (VAL) (para. 8) VAL
28
GATT XVIII (government assistance to economic development)
as special and differential treatment (para. 1.1)
least-developed country Members and: see least
developed country Members, Decision on Implementation-Related Issues and
Concerns and
as “relevant document” WTO
38
Rules of Origin Agreement (RO) (para. 9)
SCM Agreement, Art. 3.1(a), exemption of least-developed
country Members SCM 341
SCM Agreement (para. 10)
SCM Committee, instructions to SCM
233–4
special and differential treatment: see special and
differential treatment for developing country Members (Doha Declaration), Decision on Implementation-Related Issues
and Concerns (para. 12)
SPS Agreement (para. 3) SPS 93
“substantial interest” (GATT XIII:2(d)) (para. 1.2)
TBT Agreement (para. 5)
text
Textiles and Clothing Agreement (ACT) (para. 4)
TRIMs Agreement and
(para. 7)
TRIPS Agreement (para. 11) TRIPS 139
two-track approach WTO 95
decision-making procedures (WTO IX)
WTO 158–67
authoritative interpretation (WTO IX:2): see interpretation
of covered agreements, responsibility for (WTO IX:2)
consensus (WTO IX:1) WTO
158
Decision-Making Procedures Under Articles IX and XII of the
WTO Agreement, Council decision (1995) WTO 163
decisions, procedures and customary practices under GATT
1947 (WTO XVI:1)
WTO 216–25, GATT
329, 334, 402:
see also GATT
practice under individual headings
AB reports DSU 81–2
joint decisions, limitation to WTO
217
panel reports GATT 1, 111
panel reports (adopted) WTO
159, 216, 222,
GATT 111 n. 190, 400 n.
599, SCM
83, DSU 73, 80–2
panel reports (unadopted) WTO
219, GATT 400
n. 599
panel reports (unappealed) WTO
223
SCM Code, whether WTO 218
delegations:
see composition of delegation
(appellate review); composition of delegation (panel)
determination of dumping
(AD 2)
calculation of administrative, selling and general costs
and profits (AD 2.2.2)
actual books and records as basis AD
30, 40
methods
hierarchical, whether AD
37
Members’ freedom of choice AD
37
“pertaining to” AD
34
reasonability test, relevance AD
47–9
reasonable reflection of costs associated with the
production and sale of article AD 30
“same general category of products” AD
39–40
“weighted average” (AD 2.2.2(ii))
by value or volume AD
45–6
sales not in the ordinary course of trade (“actual
amounts incurred and realized”) AD
43–4
single exporter or producer, sufficiency AD
42, 470
calculation of dumping margins (AD 2.4)
“as nearly as possible the same time” AD
86–7
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
comparison of weighted average normal value with weighted
average of all comparable export transactions (AD 2.4.2) AD
76–7
“comparable” AD
78–9, 248,
251–2
imposition and collection of anti-dumping duties (AD 9),
relevance AD 88 n.120
multiple averaging (AD 2.4.2) AD
84–5
objective assessment for purposes of initiation of
anti-dumping investigation (AD 5.3) and AD
258–9
product types/product as a whole (AD 2.4.2) AD
80–1
targeted dumping AD
88
“margins” of dumping AD
73–5
method, right to choose, GATT VI:2 and GATT
340
“zeroing” AD
75, 76–7,
80
calculation of normal value, eligible transactions,
requirements (AD 2.1)
affliated 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
constituent elements, intention of dumping, whether (AD
2/GATT VI:1) GATT 337
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
30
“reasonably reflect costs” requirements AD
29
“shall consider all available evidence” AD
32
data collection, period for: see data collection,
period for (AD 2 and AD 3)
export price, construction in absence of [reliable] actual
export price AD 12
fair comparison (AD 2.4) distinguished AD
50
fair comparison of export price and normal value (AD 2.4)
affliated party transactions AD
13
construction of normal value (AD 2.2) distinguished AD
50
determination of individual margins (AD 6.10) distinguished
AD 437 n. 573, 443
“due allowance”
“costs … incurred between importation and resale” AD
66
differences in “terms and conditions of sale” AD
62–4
“differences which affect price comparability” AD 59–61
“in each case, on its merits” AD
56–8
legal effect/”should also be made” AD
65
object and purpose AD
53, 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
71–2
when “required” AD
69
“fair comparison” AD
53
burden of proof, relevance AD
53
responsibility for AD
67
“sales made at as nearly as possible the same time” AD
55
investigating authorities’ right to request information
AD 24
“like product” (AD 2.6) AD
51, 92
low volume sales data, relevance AD
35–6
“normal value” AD
82–3
“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
period of investigation (POI)
changes during, relevance AD
9–10
extension in course of investigation (AD, Annex II, para.
1) AD 381
records kept by the exporter or producer under
investigation, limitation to AD 29
relationship between
AD 2 and AD 5 AD 230–3,
234–5,
236–7,
248
paragraphs of AD 2 AD
11
sales transaction not “in the ordinary course of trade”
affliated party transactions AD
22–33
sales below cost, method for determining whether (AD 2.2.1)
AD 28
alternative methods, possibility of AD
15, 28
weighted average (AD 2.2.2(ii)) and AD
43–4
“same general category of products” (AD 2.2.2(1)) AD
39–41
AD 2.2.2 and AD 40
AD 3.6 and AD 41
determination of injury (AD 3)
causal relationship, manner of evaluating (AD 3.5)
AD 3.2/AD 3.4 and AD
101, 156
non-attribution to dumped imports of injury caused by other
factors (AD 3.5) AD 174, 175,
181–4
Agreement on Safeguards (SG 4.2(b)) compared AD
183, 221, 716
country by country analysis (AD 3.2)
“consider … a significant increase in dumped imports”
“consider” AD 130
“significant”, designation as, relevance AD
130
effect at regional level, sufficiency AD
133
“effect of the dumped imports on prices”, objective
assessment AD 132
frequency of analysis AD
128
methods, Members’ freedom of choice AD
126
price-undercutting AD
134–5
cumulative assessment (AD 3.3) AD
137–42
conditions AD 139
“conditions of competition” (AD 3.3(b)) and AD
141–2
country by country analysis (AD 3.2) and AD
138
“may” AD 139
rationale AD 140
sunset review (AD 11.3), applicability to AD
537
data collection, period for: see data collection,
period for (AD 2 and AD 3)
as detailed version of GATT VI GATT
347, AD 219–20
domestic production of like product, assessment of effect
on (AD 3.6), sectoral analysis, right to AD
186
“dumped imports” AD
119–23, 143,
176
evaluation of injury factors (AD 3.4)
all relevant economic factors and indices, need to
examine AD 144
checklist approach AD
164
eventual relevance of factor, relevance AD
149, 152
“factors affecting domestic prices” AD
169
factors not involving material injury, right to consider
AD 195
factors not listed in AD 3.4, right to consider AD
154–5
grammatical structure, relevance AD
148, 151
“growth” AD 171
“having a bearing on” AD
156, 168
“including” AD
148, 150
“or” AD 148,
151
“profits”, as factor/factors relating to distinguished
AD 168
“shall include” (mandatory/illustrative nature of list)
AD 148–53
consideration of each factor, need to be “apparent” in
final determination AD 149, 160–3,
164–5
consideration as a whole AD
153
“domestic industry”
companies outside domestic industry, relevance AD
146–7,
225
domestic producers outside selected example, relevance AD
145, 225
“evaluation” AD 157–9
examination of other known factors (AD 3.5)
illustrative nature of list AD
180
“known” to investigating authority AD
177–9
“objective examination” requirement (AD 3.1) and AD
116,
117–18
sectoral analysis, right to AD
116, 144
SG 4.2 compared AD 152
written record of analysis, need for AD
166–7
“injury” (AG 3, footnote 9), domestic industry (AD 4)
and AD 106, 222
“positive evidence” / “objective examination”
requirement (AD 3.1) AD 109
AD 17.6 (standard of review) distinguished AD
113
confidential evidence, admissibility AD
111–14
“effect of the dumped imports on prices” (AD 3.2) AD
132
exclusion of “like” product as breach AD
124,
131
“objective examination” AD
115
“consequent impact” (AD 3.1(b)) AD
118
evaluation of injury factors (AD 3.4) AD
116, 117–18,
144, 169
industry as a whole, need to examine AD
113
“positive” AD 110
sampling methodology (AD 6.10) and AD
123
sunset review (AD 11.3), applicability to AD
523
undisclosed evidence AD
111–12, 632–3
use of different periods for data collection and AD
103
for dumping and injury investigations AD
104
substantive obligations as focus of AD 3, underlying
principles (AD 3.1) and AD 100–1,
107–8
threat of material injury (AD 3.7)
AD 3.2 and SCM 15.2 factors and AD
198
AD 3.4 factors and AD
195–6
AD 5.3 and AD 253–5
establishment “based on facts, not merely allegation,
conjecture or remote possibility” AD 112
a “clearly foreseen and imminent” change of
circumstances, need for AD
188–9, 199
“consideration” of facts AD
190–2
“likelihood of substantially increased importation” (AD
3.7(i)) AD 193
“material injury would occur” / “consequent impact”
AD 194–8
as responsibility of authorities AD
199, 217
“special care” requirement (AD 3.8) AD
202–3
determination of serious injury or threat thereof (SG 4),
requirements: see also “like or directly competitive product”
(SG 2.1/SG 4.1(c)); MFN treatment (GATS II), determination of violation,
requirements; national treatment, services and service suppliers (GATS
XVII),
determination of violation, requirements; national treatment, tax
discrimination (GATT III:2), determination of violation, requirements
causation (SG 4 2(b)) AG 169–214: see also safeguard
measures (SG/GATT XIX), conditions (SG 2), causation (SG 2.1)
analysis of conditions of competition, need for AG
186–91
based on objective data AG 175
coincidence of trends in imports and in injury factors AG
178–85
evaluation of all relevant factors of objective and
quantifiable nature AG 169–74
factors other than increased imports causing injury,
nonattribution requirement AG 169–74, 192–209
order of analysis, relevance AG 209
imports from sources excluded from measure as an “other
factor” AG 72, 75
order of analysis AG 197–9
quantification, relevance AG 206–8
reasoned and adequate explanation (SG 3.1) GATT
527, AG 68–71,
72, 177, 204–5
relevance in absence of serious injury AG
72 n. 128,
171, 180, 212–13
current serious injury AG
33–4, 38–45,
120
customs unions and free trade areas (GATT XXIV) exception
and GATT 724
evaluation of all factors AD 629 n. 809
obligation of competent authorities to seek information
additional to that supplied by interested parties AD
629 n. 809, AG 90–3
evaluation of all relevant factors (SG 4.2(a)) AG
116–19,
138–67, DSU 381, 382–3
all factors listed in SG 4.2(a) AG 141–4
“as a whole” AG 119
consistency of interpretation between SG 4.2(a) and SG
4.2(b), need for AG 140
factors not listed in SG 2.4(a), right/obligation to
examine AG 160–1, DSU 385
“factors other than increased imports” (SG 4.2(b)),
nonattribution, need for demonstration of AG 201, 203–4: see also determination
of injury (AD 3), evaluation of injury factors (AD 3.4)
factors relating to imports and domestic industry
AD 148 n.
187, AG 139–40, 202
price analysis, relevance AG
55, 58–61
“productivity” AG 159
segmented domestic industry and AG 162–5
reasoned and adequate explanation requirement and AG 164
“serious injury” (SG 4.1(a))
“material injury” (AD 3, SCM 15.7 and GATT VI) distinguished
AG 115
quota modulation and (SG 5.2(b)) AG
80, 84, 229
as “significant overall impairment” / “very high
standard of injury” AG 114–19, 176
“serious injury” (SG 4.1(a))/ “threat of serious
injury” (SG 4.1(b))
“clearly imminent” AG
121–3, 152
as continuum AG 3, 79
“serious injury” (SG 4.1(a)), higher threshold AG
79
simultaneous determinations, possibility of AG
126
“such increased quantities”, trends, need to examine
AG 26–30,
42–5, 155–7, 166
“threat of serious injury” (SG 4.1(b)) AG
121–7
actual increase in imports, need for AG
124–5
data from recent past/throughout investigation period,
relative importance AG 123, 153–4
developing country Members:
see also Agriculture Committee; balance of payments diffculties, developing country Members’ right
to take import measures (GATT XVIII:B); biodiversity,
protection; developing
country Members (AD 15); Enabling Clause, special treatment of least-developed
country Members (para. 2(d)); implementation of recommendations and rulings of
the DSB (DSU 21), impracticality of immediate compliance/reasonable period of
time (DSU 21.3, chapeau); technical cooperation and capacity building (Doha
Declaration); Trade, Debt and Finance, Working Group on (Doha
Declaration);
Trade and Development Committee; trade and environment (Doha Declaration, paras. 31–3)
consultations (DSU
4.10), extension of periods established under DSU 4.7 and 8 (DSU 12.10) DSU
413
decide on cross references
equivalence (SPS 4) and SPS 93
government procurement, transparency (Doha Declaration,
para. 26)
Joint Integrated Technical Assistance Programme (JITAP),
identification of ways of enhancing and rationalizing (Doha Declaration) WTO
90
Licensing Agreement and (LIC 1.2) LIC
9
automatic import licensing, delay in application (LIC 2)
LIC 18–19
notification requirements (AG 18.2) AG
118
panel reports, need for specific reference to form in which
account has been taken of special needs (DSU 12.11) DSU
414–16
special and differential development: see special
and differential treatment for developing country Members (Doha Declaration);
special and differential treatment (VAL 20/VAL, Annex III)
TBT 2, 5 and Annex 3 (international standards, guidelines
and recommendations) TBT 42
telecommunications, right to place reasonable conditions on
GATS 166
trade and competition policy (Doha Declaration,
paras. 23–5)
trade facilitation (Doha Declaration, para. 27)
trade facilitation, establishment of working group
(Singapore) WTO 35
trade and investment, relationship between (Doha
Declaration, para. 21)
transfer of technology, measures to encourage (Doha
Declaration, paras. 38–41)
WTO Agreement Preamble and WTO
5–7
developing country Members (AD 15)
“anti-dumping duties” AD
585
provisional duty or security (AD 10.3) distinguished AD
585
“constructive remedy”
decision not to impose anti-dumping duties AD
580
lesser duty or price undertaking AD
581, 584
whether “material” for purpose of AD 12.2 AD
572
“explore” AD 582–4
obligations (first sentence) AD
577
Tokyo Round Anti-Dumping Code (Art. 13) compared AD
577 n. 718
review
Anti-Dumping Practices Committee Recommendation (2002) AD
682
Doha Declaration AD 576
“special regard” AD
579
developing country Members (AG), domestic support
commitments (AG 6.2), July package (Annex
A)
developing country Members (GATS IV)
electronic commerce and GATS 38
enquiry/contact points (GATS IV:2) GATS
37, 39–40
developing country Members, implementation of DSB
recommendations and rulings (DSU 21.2)
DSU 544–8
developing country Members (SCM 27)
WTO
7
actionable subsidies (SCM 27.9). nullification or
impairment claims, limitation to SCM 383
de minimis subsidization threshold (SCM 27.10 and
27.11) SCM 384
exemption from SCM 3.1(a) (transitional period) (SCM 27.3)
as authorization of prohibited subsidies (GATT III:2) SCM
346
as part of balance of obligations and rights DSU
918 n. 1332
termination SCM 347
Illustrative List of Export Subsidies (SCM Annex I), item
(k) and SCM 337
phase out/standstill obligation (SCM 27.4)
applicability (Annex VII)
Decision on Implementation-Related Issues
and Concerns (para. 10.1)
graduation
methodology SCM 491–4
Honduras, addition SCM 490
as non-actionable subsidy (para. 10.2) SCM
224
re-inclusion SCM 495
benchmark period (SCM 27.4, footnote 55) SCM
357
burden of proof SCM 364–5
constant or nominal values as determining factor SCM
356
continuation of extensions SCM
371
export competitiveness (SCM 27.6)
exemption from export subsidies (SCM 3.1(a)) and SCM
341
period for establishment SCM
355–7
request for calculation by Secretariat SCM
376
extension of transition period, Decision on Procedures
(Doha) WTO 38, SCM
341, 366–71
adoption WTO 38, 46
extensions granted (2002) SCM
370
relative competitiveness and SCM
341
requests SCM 369
“grant” (SCM 27.4, footnote 55) SCM
136–9, 353–4
actual expenditure, limitation to SCM
358–9
“inconsistent with its development needs”,
responsibility for determining SCM 361–3
inflation, relevance SCM
356
“prohibited” subsidy status (SCM 3.1(a)) and SCM
114–16,
338
SCM 25, relevance SCM
334, 341
SCM 27.2(b) and SCM 114,
338–9,
343
SCM 27.5 and SCM 378–80
“shall phase out” SCM
350–2
text
serious prejudice (SCM 27.8) SCM
382
subsidies, importance to economic development programmes
(SCM 27.1) WTO 6
text
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
developing country Members (TRIMs)
extension of transition periods (TRIMs 5.3) TRIMs
11–14
Decision on Implementation-Related Issues and Concerns (para. 6.2)
General Council direction to give positive consideration to
TRIMs 11
special and differential treatment, implementation issues
TRIMs 21–2
temporary deviation from TRIMs 2, right of (TRIMs 3),
Decision on Implementation-Related Issues and Concerns (para. 6.1)
developing country Members (TRIPS)
exclusive marketing rights (TRIPS 70.9), right to delay
application (TRIPS 65.2) TRIPS 145
pharmaceutical and agricultural chemical products, patent
protection (TRIPS 70.8), right to delay (TRIPS 65.2) TRIPS
145
right to delay application (TRIPS 65) TRIPS
96, 141–2,
144
directly competitive or substitutable products (GATT III:2)
GATT 194–213: see also determination of serious injury or threat
thereof (SG 4), requirements; “like product” (GATT III:2 and
III:4);
national treatment, tax discrimination (GATT III:2); transitional
safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member’s
determination of, requirements, “domestic industry producing like and/or
directly competitive products”
competition and trade law distinguished GATT
121
criteria
interchangeability ATC 61,
64
potential to compete as determining factor GATT
149, ATC 61, 64
“directly” GATT 205,
ATC 61, 64,
65
as dynamic relationship (including possibility of latent
demand) GATT 117 199–205
246
nullification or impairment, evidence of DSU 95
Director-General (WTO)
appointment as WTO 141,
226
rules and procedures WTO
142
role and responsibilities
chair of Trade Negotiations Committee WTO
126
consultation with respect to technical cooperation and
capacity building WTO 90
disclosure obligation
burden of proof and DSU 999
consultations (DSU 4) DSU 118,
922
discrimination:
see Enabling Clause; General
Exceptions (GATT XX), chapeau, application of measure as means of arbitrary or
unjustifiable discrimination; MFN treatment (GATS
II); MFN treatment (GATT I);
MFN treatment (TRIPS 4); national treatment, regulatory discrimination (GATT
III:4); national treatment, tax
discrimination (GATT III:2); non-discriminatory
administration of quantitative restrictions (GATT XIII); SPS Agreement, basic
rights and obligations (SPS 2), arbitrary or unjustifiable discrimination,
exclusion (SPS 2.3); SPS measures, appropriate level of protection (SPS 5.5–5.6),
consistency in application (SPS 5.5)
Dispute Settlement Body (DSB)
access to, limitation to WTO Members DSU
1041–2
appointment of officers WTO
56
communication with DSU 14
“date of circulation” (DSU 2) DSU
13
decisions, time-frame for (DSU 20) DSU
536
functions (DSU Art. 2.1)
adoption of Panel and Appellate Body reports WTO
55
authorization of suspension of concessions and other
obligations under the covered agreements WTO 55
establishment of panels WTO
55
establishment of Rules of Conduct: see Rules of
Conduct
surveillance of implementation of rulings and recommendations WTO
55
General Council as WTO 55
proper parties DSU 1041–2
rules of procedure (1995) WTO
56, DSU 900–1
Special Session for the negotiation of improvements to and
clarifications of the DSU
establishment WTO 57,
127, 171
issues addressed WTO 172
negotiation proposals WTO
172
responsibility for negotiations WTO
127
“single undertaking” principle, as exception to WTO
57,
170
timetable WTO 170
two-track approach WTO 171
dispute settlement and enforcement (GATS XXIII)
Decision on Certain Dispute Settlement Procedures for GATS
(1994) GATS 129
roster of panelists, decision not to appoint GATS
130
nullification and impairment (DSU 3.8) distinguished DSU
102
table of disputes GATS 128
dispute settlement (GATT XXIV, Understanding, para. 12)
GATT 717–18
dispute settlement (SG 14), table of disputes
AG 285
dispute settlement (TRIPS 64)
DSU, applicability (DSU 1.1) DSU
2, 74
non-application of non-violation complaints (TRIPS 64.3)
procedure
Council for TRIPS Agreement, role WTO
43
Ministerial Conference, role WTO
43
non-violation and situation complaints, moratorium TRIPS
139, DSU 74
table of disputes TRIPS 138
Dispute Settlement Understanding (DSU)
“covered agreements”, applicability to (DSU 1.1) DSU
1–5
AD Agreement DSU 4
“dispute settlement”, expeditious arbitration as
alternative means (DSU 25.1) DSU 790
improvements and clarifications, agreement on negotiations
for (Doha Declaration para 30)
July package (para. 1(f))
“single undertaking” principle, as exception to WTO
170
as integral part of WTO Agreement WTO
12
obligation to have recourse to (DSU 23.1)
as “exclusive jurisdiction” clause DSU
782
prohibition of suspensions prior to completion of DSU 22
procedures DSU 784
“recourse to, and abide by” DSU
782–3
in “seeking redress of WTO violation” DSU
781
“positive solution to a dispute” as aim (DSU 3.7) DSU
92
review (Marrakesh Ministerial Declaration) WTO
169: see
also Dispute Settlement Body (DSB), Special Session for the negotiation of
improvements to and clarifications of the DSU
special or additional rules and procedures (DSU 1.2): see
special or additional rules and procedures for dispute settlement (DSU 1.2
and Appendix 2)
time-periods, calculation (DSU 2) DSU
14
dissemination of information
Integrated Data Base (IDB) and Consolidated Tariff Schedules
(CTS) data base WTO 111, GATT
72–3
TBT standards TBT 39
dissenting/separate opinions
Article 22.6 arbitration DSU 748
panel DSU 395
documents:
see WTO documents
Doha Declaration
accessions (para. 9)
agriculture: see agriculture (Doha
Round);
Inter-Agency Panel on Short-Term Diffculties in Financing Normal Levels of
Commercial Import of Basic Foodstuffs
Bretton Woods institutions
(para. 5)
Customs Valuation Agreement
(para. 8)
prevention of customs fraud (para. 8.3) VAL
17–18
developing and least-developed country Members, respect
for/promotion of interests of (paras. 2–3): see also least-developed
country Members
Dispute Settlement Understanding (DSU), negotiations on
improvements and clarifications (para. 30)
July package (para. 1(f))
“single undertaking” principle, as exception to WTO
170
Electronic Commerce Work Programme (para. 34)
implementation-related issues and concerns (para. 12): see
Decision on Implementation-Related Issues
and Concerns
labour standards (para. 8)
market access for non-agricultural products: see market
access for non-agricultural products (Doha Declaration, para. 16)
regional trade agreements (para. 4)
services: see also progressive liberalization
negotiations (GATS XIX:3 and Doha Declaration, para. 15)
July package (para. 1(e) and
Annex C)
negotiating programme (para. 15)
right to regulate (para. 7)
small economies (para. 35)
special and differential treatment: see special
and differential treatment for developing country Members (Doha Declaration)
sustainable development (para. 6)
tariff reduction negotiations (GATT XXVIII bis and
Ad Article) (para. 16)
text
trade and competition policy: see trade and
competition policy, interaction between (Doha Declaration, paras. 23–5)
trade, debt and finance (para. 36)
trade facilitation (para. 27): see trade
facilitation (Doha Declaration, para. 27)
trade and investment, relationship (paras. 20–2): see trade
and investment, relationship between (Doha Declaration, paras. 20–2); Trade
and Investment, Working Group on Relationship between
transfer of technology, measures to encourage (para. 37)
WTO 45
transparency (government procurement): see government
procurement, transparency (Doha Declaration, para. 26)
transparency (WTO procedures) (para. 10)
TRIPS: see also TRIPS Agreement and Public Health,
Declaration on (2000)
biochemical diversity (para. 19)
July package (para. 1(f))
traditional knowledge and folklore (para. 19)
wines and spirits (TRIPS 23.4) (para. 18)
July package (para. 1(d))
WTO objectives, endorsement (para. 1)
WTO rules, clarification
(paras. 28–9 and
32)
July package (para. 1(f))
Doha Development Agenda
Cancun stocktaking WTO 40
Global Trust Fund WTO 151
July package (para. 3)
Doha Round, decisions
ACP-EC Partnership Agreement WTO
38, 46
Implementation-Related Issues and Concerns: see Decision on Implementation-Related Issues
and Concerns
list WTO 38
Procedures for Extensions under Article 27.4 for certain
developing country Members: see developing country Members
(SCM
27),
phase out/standstill obligation (SCM 27.4)
Transitional Regime for the EC Autonomous Tariff Rate Quotas
on Imports of Bananas WTO 38, 46
Doha Round/Work Programme (Declaration, paras. 17–52)
July package (2004) WTO
19
status (para. 2)
negotiations, organization and management
(paras. 45–52).
WTO 18: see also market access for non-agricultural
products (Doha Declaration, para. 16), Negotiating Group on Market
Access;
Negotiating Group on Rules; progressive liberalization negotiations (GATS
XIX:3 and Doha Declaration, para. 15); Trade Negotiations Committee (TNC)
residual responsibility for implementation issues WTO
127
structure as established by TNC WTO
127
text
“domestic industry” (AD 4)
“a major proportion of the total domestic production”
(AD 4.1) AD 226
“domestic producers” (AD 4.1), single domestic
producer, applicability to AD 224
“injury” (AG 3, footnote 9) and AD
106, 222
interpretation in accordance with AD 4.1, obligation AD
228
domestic law:
see municipal law
domestic regulation (GATS VI)
accountancy services and GATS
35
electronic commerce and GATS 49
domestic support (AG 3), limitation to commitment
levels specified in Member’s Schedule (AG 3(2)), “subject to provisions of
Art. 6” AG 12
domestic support (AG 6.2):
see developing
country Members (AG), domestic support commitments (AG 6.2)
double taxation measures, justification (Illustrative List,
SCM Annex I (item (e)), footnote 59)
burden of proof SCM 440
“foreign-source income” SCM
119–20, 431,
433,
435–9
design, structure and architecture of measures, relevance
SCM 434
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 432, 435
international tax law principles SCM
437
drafting history:
see interpretation of covered
agreements, means, preparatory work (VCLT 32)
DSU:
see Dispute Settlement Understanding (DSU)
due diligence requirement:
see transitional
safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member’s
determination of, requirements, due diligence
due process (application of trade measures) GATT 596:
see
also public notice and explanation of determinations (AD 12), due process
and
objective criteria, need for GATT
597
due process (dispute settlement proceedings):
see
also third party rights
arbitration (DSU 22.6) and DSU
659, 687
clear presentation of the problem (DSU 6.2) and DSU
230–4
disclosure obligation DSU 999
good faith evaluation of evidence and DSU
350
late submission of evidence DSU
894
new argumentation, cut-off date DSU
227, 895
notice of appeal, requirements (ABWP 20(2)) DSU
250, 855, 857–8,
863
notification of nature of case DSU
157
“objective assessment of matter before it” obligation
(DSU 11) and DSU 335, 930
opportunity to defend oneself DSU
274–5, 855
opportunity to respond to
evidence/presentations of other parties SCM 142, 144,
DSU 227, 233, 245,
335, 368, 401,
865, 925, 929–30,
954–5
panel reports, rationale (DSU 12.7) and DSU
408–9
panel working procedures, need for DSU
919–21
panel’s discretion on matters of procedure (DSU 12.1 and
Appendix 3) DSU 307
prejudice to party, relevance DSU
214, 219–20,
222, 227, 276,
865, 923
specificity requirements (DSU 6.2) DSU
659
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