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H
harmless error principle
AD 390–3,
456, 483,
827, DSU 311 n.
495, 1709
harmonization of non-preferential rules
of origin (RO 9): see rules of origin disciplines (RO 2)
(transition period)
harmonization of SPS measures (SPS 3)
measures based on international standards (SPS
3.1)
“based on” SPS 71–2
Codex Alimentarius and SPS 70
validity of OIE standards SPS 75
“where they exist” SPS 73–5
availability for some but not all diseases SPS 74
standard/powers of review (panel) SPS 73
measures which conform to international standards
(SPS 3.2)
burden of proof SPS 82–4
“conform to” SPS 80–1,
92
incorporation into domestic law SPS 78
presumption of consistency with SPS/GATT (burden
of proof) (SPS 3.2) SPS 32, 76,
78, 79
measures which result in a higher level of
protection (SPS 3.3)
as autonomous right SPS
8, 77–8,
89, 94
limitations on SPS 90
“or as a consequence …” SPS 95
precautionary principle and SPS 91
presumption of consistency with SPS/GATT (burden
of proof) (SPS 3.2) and SPS 79, 84,
88, 95, 300–2,
338
rational relationship between measure and
available information SPS 96
risk assessment obligation (SPS 5) and SPS
95, 100, 178–80,
530
risk assessment, need for (SPS 5.1–5.3 and Annex
A(4)): see risk assessment, need for
(SPS 5.1–5.3); risk
assessment (SPS Annex A(4)(4))
“scientific justification” (SPS 3.3) and SPS
141
as SPS object and purpose (SPS 3.1/preamble) SPS 3–5,
68–9, 71
Harmonized System of Customs
Classification (HS)
AIR and AIR 2, 15–16,
19
amendments to GATT 190–2
“as presented” GATT 123
as basis for AG Annex 1 AG 25
Explanatory and Chapter Notes, status GATT 126
implementation of HS changes GATT 190–2
interpretation of covered agreements (VCLT) and
as context for purposes of/ “rule of
international law” (VCLT 31 (3)(c)) GATT
123, 124, 125–9,
128, 128–9,
DSU 1593
“instrument in connection … with the
conclusion of the treaty” (VCLT 31(2)(b)), whether DSU
1566, 1638
as supplementary means (VCLT 32) DSU 1638
modifications to Schedules and GATT 178
obligation to ensure conformity GATT 190–1
updating obligation GATT 171
Havana Charter (GATT XXIX), GATT
practice GATT 1088
Headquarters Agreement (WTO–Switzerland)
(1995) WTO 193 MOU (WTO–Switzerland) on WTO long-term housing
needs (2008) WTO 194
historical preferences (GATT I:2 and
I:3)
Secretarial Note reviewing status at 18 December
1992 GATT 56
waiver in respect of GATT I:4 for South Africa and
Zimbabwe GATT 57
Honduras, as developing country
Member for purposes of SCM 27(2) (a) SCM 680
Hong Kong, ATC safeguard
measures (ATC 6), TMB discussion ATC 30
Hong Kong Ministerial
Conference/Declaration (2005)
Decision on duty-free and quota-free market access
for LDCs (DFQF) GATT 105–6
Doha Round/Work Programme, guidance WTO 59
e-Commerce (HK 46) WTO 36
facilitation and acceleration of LDC accession
negotiations (HK 59) WTO 252
LDC temporary measures (TRIMs 5.1) TRIMs 28–9
Hong Kong SAR, as WTO member
WTO
232
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