|
SAARC (South Asian Association for Regional Cooperation) Preferential
Trading Arrangement, Enabling Clause and GATT
34
safeguard measures (SG/GATT XIX):
see also determination of
serious injury or threat thereof (SG 4), requirements; developing country Members
(SG 9); dispute settlement (SG 14);
notification and consultation (SG 12); standard/powers of review (panel) (DSU
11)
application of measures (SG 5)
“demonstration” of compliance, relevance AG
95
imports, limitation to AG 222
non-discrimination (GATT XIII) and GATT
451-2, AG 227
quota modulation and (SG 5.2(b)) AG
80, 229
“to the extent necessary” (proportionality) (SG 5.1)
AG 13-15,
219-22
adjustment plans, relevance AG 223
“clear justification”, need for AG 219-20
serious injury limited to increased imports, limitation to
AG 221-2
conditions (SG 2)
“as a result of unforeseen developments” (GATT XIX:1(a)) GATT 529-30,
566 n. 783
“as a pertinent issue of fact and law”/finding (SG 3.1)
GATT 532-3,
AG 101
“as a result … of the effect of obligations incurred by Member”
GATT 552-6
“as a result of” GATT
544-6
condition (SG 2.1) distinguished GATT
541
confluence of developments as GATT
543
critical date GATT 547-9
“demonstration”, need for GATT
533-6
prior to application of measure GATT
536
in respect of each measure GATT
538-9
omission from SG 2.1, relevance GATT
529, 531, 569-70,
DSU 56
reasoned and adequate explanation, need for (SG 3.1) GATT
526-8, 537,
540, AG
45, 68-72,
74-5,
77, 93,
97
standard of review GATT
526-8
burden of proof DSU 995
causation (SG 2.1): see also determination of serious injury or
threat thereof (SG 4), requirements, causation (SG 4.2(b))
relevant factors (SG 4.2(a))/ “under such conditions” (SG 2.1),
equivalence AG 49-57, 174
as extraordinary/emergency remedy GATT
522-5
free trade agreements/customs unions and (SG 2.1, footnote 1)
GATT 722-3,
AG 62
GATT practice GATT 565
parallelism between SG 2.1 and SG 2.2
“parallelism”, basis for AG
73
“product being imported” GATT
724, AG 64-77
“product being imported” (SG 2.1)
“being imported” AG
46
“recent” AG 33-4,
120
as sudden and recent increase AG
30-45
regional agreements/customs unions and (SG 2.1, footnote 1), right to
exclude member of customs union from AG 65
right to apply measure and exercise of right distinguished
AG 13-15
separate determinations of threat and injury, need for AG
78-81
GATT practice AG 81
separate and partial determinations AG 76
“such increased quantities”
methodology, Panel’s right to examine AG
35-7
quantity as determining factor AG
24
“rate and amount of the increase … in absolute and relative terms” (SG 4.2(a))
AG 25, 178-85
sufficient to cause serious injury or threat AG
31-2, 47
“serious injury” and “threat”, whether mutually exclusive
alternatives AG 78
territorial application AG
64
duration and review (SG 7)
extension of measure (SG 7.1), whether distinct measure DSU
133
modifications reducing restrictiveness (SG 7.4) AG 231, 275
level of concessions (SG 8)
“equivalent” AG 233
“adequate opportunity for prior consultations” (SG 12.3) and
AG 233-4
prohibition and elimination of certain measures (SG 11) GATT
395
notification (SG 11.2)
eligible original Members and AG 243
format AG 243
timetables AG 243
reporting obligations (SG 11.1) AG 284
provisional measures (SG 6), tariff measures GATT
395, AG 230
relationship between Safeguards Agreement and GATT XIX GATT
521, 566-72,
AG 1-2
continuing applicability of GATT XIX GATT
568-71
rules for application of GATT XIX (SG 1 and 11.1(a)) GATT
568-9, AG
4-10
Safeguards Agreement, Preamble, as evidence of object and purpose
AG 1-2
Safeguards Committee
establishment WTO 72
observer status AG 282
procedures for reviews of notification (SG 12.6) AG 277
rules of procedure (1996) WTO
73, AG 281
surveillance obligations (SG 13) AG 281-4
Members’ reporting obligations AG 283
requests for assistance AG 284
Schedules of Concessions (GATT II):
see also Schedules of
Specific Commitments (GATS XX)
diminishment of obligations, exclusion GATT
84-5, 106
inconsistency with GATT VI and GATT
342
information technology products: see information technology products
as integral part of GATT 1994 (GATT II:7) GATT
105
interpretation and clarification
applicable rules, Vienna Convention on the Law of Treaties
GATT 89,
111
common intentions of parties GATT
89-90, DSU 75
GATT II:1(a) and (b), interrelationship GATT 103
Harmonized System and Explanatory Notes and GATT
71, 92
legitimate expectations and GATT
89-91, 104,
DSU 46, 75
“treatment contemplated” (GATT II:5) and GATT
104
Marrakesh Protocol and GATT
84-5
Member State practice GATT
94-6
World Customs Organization decisions and GATT
93
modification of schedules: see modification of schedules (GATT
XXVIII)
non-discrimination under GATT I and GATT
85
non-discriminatory administration of quantitative restrictions (GATT XIII)
and GATT 85, 111
ordinary customs duties (AG 4.2) and AG
42
ordinary customs duties in excess of those provided for in Schedule
(GATT II:1(b))
customs duties based on exogenous factors AG 26
duty different in type GATT
98-102
“ordinary customs duties” GATT
97, 114, DSU
61
“subject to the terms, conditions or qualifications in the schedule”
(GATT II:1(b)) GATT 84-8
additional concession GATT 64 n. 157
description distinguished GATT 86
inclusion in schedule, need for GATT 70
price ceiling not included in Schedule GATT 87
“subject to” GATT 86
tariff data base: see tariff data base
treatment no less favourable than that provided in appropriate schedule
(GATT II:1(a))
bonding requirements
elimination of quantitative restrictions (GATT XI) and GATT
109
imposition of import duties distinguished GATT
69, 88, 109
HS (Harmonized System) changes, implementation GATT 71
State trading enterprises (GATT VII) and, GATT practice GATT
478
State trading enterprises (GATT XVII) and GATT
477
withdrawal of concessions: see withholding or withdrawal of concessions (GATT
XXVII)
Schedules of Specific Commitments (GATS XX)
Committee on Specific Commitments GATS
118
Guidelines (2001) GATS 119
modification (GATS XXI), notification format GATS
124
modification or rectification, procedures (GATS XXI:5) GATS
125-6
non-performance, exclusion of municipal law as justification (VCLT 27)
GATS 83-5
required information (GATS XX:1), time-frame for implementation (GATS XX:1(d))
GATS 70, 120-3
treaty status GATS 85
scientific evidence, need for sufficient (SPS 2.2):
see also expert evidence; harmonization of SPS measures (SPS
3); information or technical
advice, panel’s right to seek (DSU 13/SPS 11.2); risk assessment, need for
(SPS
5.1)
burden of proof SPS 17-20
equivalence (SPS 4), relevance SPS
29
as part of trade/protection of human life and health balance
SPS 8
patent insufficiency SPS 11
precautionary principle (SPS 5.7) SPS
3, 22, 169
proportionality/risk equation SPS
16
provisional adoption of measures in case of insufficiency of scientific
evidence (SPS 5.7) SPS 35-7,
163
“insufficient” SPS 164-5
scientific uncertainty, relevance SPS
165
obligation to seek to obtain additional information, for more objective
assessment of risk SPS 166
“provisional” SPS 163
as qualified exemption SPS 162
requirements, cumulative nature SPS 163
review within “a reasonable period of time” SPS
167
rational or objective relationship between SPS measure and scientific evidence, need for
SPS 13, 98
ad hoc determination SPS 14-15,
98
“scientific evidence” SPS 12
“sufficiency”, as relational concept SPS
9-11
“sufficient” SPS 9-11
context (SPS 3.3, 5.1 and 5.7) SPS
10
SCM Agreement: see also
adverse effects (SCM 5); notification
obligations (SCM 25)
conformity of laws, regulations and administrative procedures with SCM
Agreement (SCM 32.5) SCM 404-6
consultations: see consultations
(SCM 4.1-4); request for
establishment of panel, requirements (SCM 4.4)
Decision on Implementation-Related Issues and Concerns and: see Decision
on Implementation-Related Issues and Concerns, SCM Agreement
determination of injury (SCM 15), “injury” (SCM 15, footnote 45)
SCM 256
dispute settlement (SCM 30): see also consultations
(SCM 4.1-4);
request for establishment of panel, requirements (SCM 4.4)
special or additional rules or procedures, whether SCM
390
GATT VI, separability of provisions SCM
399
GATT Subsidies Code and SCM
425
Informal Group of Experts (IGE) SCM
307
institutions (SCM 24): see also SCM
Committee; subsidy, definition (SCM
1)
Working Party on Subsidy Notifications SCM
327
investigations and reviews of existing measures, initiated
… on or after
date of entry into force of WTO Agreement (SCM 32.3) GATT
316-21, 329,
SCM 398-9
“existing measures” SCM
403
procedural aspects of investigations, whether limited to SCM 42
retroactivity GATT 316,
329, SCM
398-9
“this agreement” SCM
400-1
transitional decisions of Tokyo Round Subsidies and Countervailing Measures
Committee, relevance SCM 399
least-developed country Members: see Decision on Implementation-Related Issues and Concerns,
SCM Agreement
non-actionable subsidies (SCM 8): see non-actionable subsidies
(SCM
8)
object and purpose (SCM 1) SCM
496-501
balanced framework of rights and obligations relating to countervailing
duties SCM 499
definition of subsidy “for purposes of this agreement”
SCM 2
multilateral disciplines on subsidies distorting international trade
SCM 359, 496-8
Permanent Group of Experts (PGE) (SCM 4.5) SCM
145, 325
preparatory work (VCLT 32), Tokyo Round GATT
317-21, 329-30
provisional application of Articles 6.1, 8 and 9 (SCM 31)
lapse of
provisions SCM 391
review SCM 391
provisional measures (SCM 17): see provisional measures
(SCM 17)
retroactivity: see retroactivity
(SCM 20)
specific action against subsidy (SCM 32.1): see specific action
against dumping (AD 18.1) or subsidy (SCM 32.1)
sunset review: see sunset review
(SCM 21.3)
transitional arrangements (existing programmes) (SCM 28.1), “inconsistent
with the provisions of this Agreement” (SCM 28.1) SCM
388
SCM Code (Tokyo Round)
accelerated nature of proceedings, effect SCM
142-5
dispute settlement provisions, extension GATT
321
subsequent agreement for purpose of interpretation of GATT VI, whether
GATT 329
subsequent practice for purpose of interpretation of GATT VI, whether
WTO 218, GATT
329
SCM Committee
consumption of inputs in the production process (SCM, Annex II, footnote
61), difficulty of resolving issues related to SCM
482-4
Decision on Implementation-Related Issues and Concerns and
SCM 233-4
establishment WTO 72
notification formats, role in relation to (SCM 25) SCM
226-7, 329-30,
385, 387
reports SCM 233-4,
324
rules of procedure (1996) WTO
73, SCM 323
transitional decisions, as aid to interpretation of SCM Agreement, Article
32.3 SCM 398
Seattle Ministerial Conference (1999), Declaration, failure to agree on
WTO 37
Secretariat (WTO VI)
Organizational and Financial Consequences Flowing from the Implementation
of the WTO Agreement, Ministerial declaration (1994) WTO
143
role, support for domestic efforts in relation to economic development and
strategies for poverty reduction WTO 90
Staff Regulations and Rules: see Staff Regulations and Staff Rules
(WTO
Secretariat)
terms of service WTO 144
compensation philosophy WTO 145
Working Group on Conditions of Service applicable to the WTO Secretariat
Staff WTO 144-5
security exceptions (GATS XIV
bis), notification format (GATS
XIV bis: 2) GATS 65
security exceptions (GATT XXI), GATT practice
GATT 641
separate opinions:
see dissenting/separate opinions
sequencing: see
arbitration (DSU 22.6), timing in relation to
Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements
serious damage or actual threat (ATC):
see transitional
safeguards (ATC 6)
“serious prejudice” (SCM 5(c))
obligation to remove adverse threats or withdraw subsidy (SCM 7.8)
SCM 218
“significant price undercutting” (SCM 6.3(c)) and SCM
204
“serious prejudice” (SCM 6)
developing country Members exclusion (SCM 27 9) SCM 383
displacement or impediment to imports (SCM 6.3(a)), need for
SCM 211
“displacement” SCM 212
“impediment” SCM 212
market share data, relevance SCM 213
SCM 4, relevance SCM 213
“effect of the subsidy” (SCM 6.3(a)) SCM
209
“significant price undercutting” (SCM 6.3(c)) SCM
204, 215
standing to bring claim
nationality of producers, relevance SCM 211
serious prejudice to another Member, relevance SCM
217
“serious prejudice” (SCM 27.8)
SCM
382
burden of proof SCM 382
services (Doha Declaration)
negotiating programme
(para. 15)
Special Session (July package,
para. 1(3) and Annex C)
services, trade in:
see business practices (GATS IX); developing
country Members (GATS IV); domestic regulation (GATS
VI); GATS Agreement; GATS
Agreement, Institutional Arrangements, Marrakesh Ministerial Decision; general
exceptions (GATS XIV); market access (GATS
XVI); MFN treatment (GATS II);
monopolies and exclusive service providers (GATS VIII); national treatment,
services and service suppliers (GATS XVII); progressive liberalization (GATS
XIX); progressive liberalization (GATS XIX), decisions and agreements relating
to; progressive liberalization negotiations (GATS XIX:3 and Doha Declaration,
para. 15); recognition of qualifications (GATS
VII); Schedules of Specific
Commitments (GATS XX); security exceptions (GATS XIV bis);
services
(Doha Declaration); telecommunications, Reference Paper on Basic
Telecommunications (GATS XVIII)
“Singapore issues”
WTO
35
Singapore Ministerial Conference/Declaration (1996)
adoption of main Declaration WTO
35, 46
agriculture, negotiations on AG
124
Comprehensive and Integrated WTO Plan of Action for the least-developed
country Members (1996) WTO 87, 93
Declaration on Trade in Information Technology Products WTO
35, 46, GATT
79-80
information exchange (GATS XIX) GATS
106
Least-Developed and Net Food-Importing Countries, Decision on Measures
concerning the Possible Negative Effects of the Reform Programme,
implementation (AG 16) AG 96, 103
TMB, role and procedures ATC
119
working groups established by (“Singapore issues”) WTO
35
WTO as forum for negotiations concerning multilateral trade relations,
recommendations relating to WTO 16
small economies (Doha Declaration)
text
trade-related measures to improve integration into multilateral trading
system WTO 90
special or additional rules and procedures for dispute settlement (DSU 1.2
and Appendix 2) DSU 6-10
AD 17, whether AD
591-2, 607,
662, DSU 7-9
Balance of Payments Understanding (BOP), whether DSU
5
conflict with DSU provisions, precedence in case of (WTO, Annex 1A)
DSU 6,
242
precedence SCM 193
SCM 4.11 as SCM 192-3,
197, DSU 717-18,
763, 764, 766-7
SCM 4.2 as SCM 145,
165
SCM 30 as SCM 390
special and differential treatment for developing country Members (Doha
Declaration): see also least developed country Members
agriculture
(para 13)
framework for establishing modalities (July package (Annex A))
Decision on Implementation-Related Issues and Concerns
(para. 12)
GATT XVIII (government assistance to economic development) as (Decision on
Implementation-Related Issues and Concerns, para. 1.1)
July package (para. 1(d) and
Annex A, paras. 22-5)
review, need for AD 576
mandatory provisions, identification of and implications of conversion of
non-mandatory provisions, developing country Members (AD 15) AD
576
technical assistance and financial assistance and training
SPS 182-3
terms of reference of panels (DSU 7) and DSU
415
text
special and differential treatment (SPS 10)
“longer time-frames for compliance” (SPS 10.2), Decision on
Implementation-Related Issues and Concerns (para. 3.1), SPS 185
phased introduction of new measures SPS
186
technical assistance and financial assistance and training (Doha
declaration) SPS 182-3
transparency, enhancement SPS
184
special and differential treatment (VAL 20/VAL, Annex III)
continued application of 1979 Agreement VAL
25
delayed application of Customs Valuation Agreement, Arts. 1 and 6 (VAL
20.2) VAL 29
delayed application of Customs Valuation Agreement (VAL 20.1)
Decision on Implementation-Related Issues and Concerns and
VAL 28
requests for VAL 27
reservations relating to
application of VAL 5.2 (Annex III, para. 4) VAL
41
officially established minimum values (Annex III, para. 2)
VAL 8
decision on texts relating to VAL
38
Members making VAL 30
reversal of sequential order of VAL 5 and 6 (VAL 4) VAL
6, 40
technical assistance programmes (VAL 20.3) VAL
30
special safeguards (AG 5)
calculation method (AG 5.5), right of choice AG
48
c.i.f. import price (AG 5(1)(b)) AG
43-7
customary international trade usage AG
44
market access (AG 4) and AG
21-2
Special Sessions: see
agriculture (Doha Round), Special Session
of Agriculture Committee; Council for TRIPS, Special
Session; Dispute
Settlement Body (DSB), Special Session for the negotiation of improvements to
and clarifications of the DSU; progressive liberalization negotiations (GATS
XIX:3 and Doha Declaration, para. 15), Special Session of the Council for
Trade in Services; trade and environment (Doha Declaration,
paras. 31-3),
negotiations on relationship between WTO rules and MEAs (Doha Declaration),
Special Session of the Trade and Environment, Committee on
specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in
accordance with GATT VI as interpreted by AD/SCM Agreement SCM 392
action under other relevant provisions of GATT 1994 distinguished (AD 18.1,
footnote 24) GATT 322, 324-6,
AD 666-8,
670-2
clarificatory nature of footnotes AD
671
“against” GATT 326,
AD 667-8
calculation of amount of subsidy (SCM 14(d)) and SCM
397
“except in accordance with the provisions” GATT
331, AD 669,
SCM 392-4
“legislation as such” AD
596
“practices”, limitation to GATT
326
SPS Agreement: see also
Equivalence, Decision on Implementation
of SPS 4; harmonization of SPS measures (SPS
3); precautionary principle (SPS Agreement);
risk assessment need for (SPS 5.1-5.3 and Annex A,
para. 4);
special and
differential treatment (SPS 10); SPS Committee; technical assistance (SPS
9); transparency of SPS regulations (SPS
7 and Annex B)
administration (SPS 12): see SPS Committee
applicability (SPS 1.1)
GATT XX(b), relevance SPS 211
measures in existence before entry into force of SPS agreement
SPS 6,
206
measures taken by body other than central government (SPS 13)
SPS 205
phytosanitary measure affecting international trade SPS
5, 210
basic rights and obligations (SPS 2)
arbitrary or unjustifiable discrimination, exclusion (SPS 2.3)
SPS 38-45
appropriate level of protection and (SPS 5.5) SPS
41-5
discrimination between different products SPS
39
requirements SPS 38
as balance between promotion of international trade and protection of
human, animal or plant life or health SPS 8, 100: see also General
Exceptions (GATT XX), measures necessary to protect human, animal or plant
life or health (GATT XX(b))
“only to the extent necessary”, trade-restrictive measures, exclusion
(SPS 5.4-6) and SPS 33
burden of proof DSU 1010-12
harmonization of measures (SPS 3) SPS
57, 59, 62, DSU
1012,
1016
international standards, guidelines and recommendations, possibility of
non-compliance or non-existence (SPS 5.8) SPS 59,
171
measures “not more trade restrictive than required to achieve their
appropriate level of … protection” (SPS 5.6) SPS
158
measures which conform to international standards, presumption of
consistency with SPS/GATT (SPS 3.2) SPS 57, 59,
62-3, DSU
1012,
1016
risk assessment (SPS 5) SPS 171
scientific evidence, sufficiency (SPS 2.2) SPS
17-20
scientific evidence, sufficiency (SPS 5.7) SPS
168
control, inspection and approval procedures (Annex C) SPS
230
definitions (Annex A)
“risk assessment” (Annex A, para. 4): see risk assessment, need
for (SPS 5.1-5.3 and Annex A, para. 4)
“sanitary measure” (Annex A, paras. 1(a) and 1(b)) SPS
213
GATT and: see also order of analysis
implementation (SPS 13)
Decision on Implementation-Related Issues and Concerns
measures taken by body other than central government SPS
205
review and monitoring (SPS 12.7), procedures SPS
202-4
interpretation, applicability to pre-existing situations and measures
DSU 66
Preamble
international standards, guidelines and recommendations, as adopted by
relevant international organizations SPS 1
precautionary principle and SPS
3: see also precautionary
principle (SPS Agreement)
quantitative restrictions (GATT XI) and GATT
425
TBT Agreement, applicability to (TBT 1.5) SPS
207, TBT 4
SPS Committee: see also
SPS Agreement
cooperation with relevant international organizations (SPS 12.3)
cooperation agreements with WTO and OIE (1998) SPS 198
Decision on Implementation-Related Issues and Concerns
(para. 3.5)
Decision on Implementation of SPS 4 SPS
78-93: see also Equivalence
Decision on Implementation of SPS 4
programme for implementation SPS
93
establishment WTO 72
monitoring of international standards (SPS 12.4), procedures
SPS 201
observer status SPS 199
review of implementation and monitoring of SPS Agreement (SPS 12.7),
procedures SPS 202-4
Decision on Implementation-Related Issues and Concerns
(para. 3.4)
rules of procedure (1997) WTO
73, SPS 197
SPS measures, appropriate level of protection (SPS 5.5-5.6)
consistency in application (SPS 5.5)
arbitrary or unjustifiable inconsistencies, exclusion SPS
33, 139
cumulative nature of obligations SPS
45, 133
discrimination or disguised restriction of trade resulting from
inconsistency SPS 33, 133,
141-3
distinctions in the level of protection in different situations,
comparability SPS 135-8
Guidelines to Further the Practical Implementation of Article 5.5 (2000)
SPS 144
adoption SPS 144
legal obligation, whether SPS
134
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
Member’s explicit statement, right of Panel/AB to challenge
SPS 152
Member’s obligation SPS 151
Member’s right SPS 149-50
as preliminary to decision on measure SPS
153
sufficient scientific evidence (SPS 2.2) and SPS
160-1
“taking into account technical and economic feasibility”
SPS 155
burden of proof SPS 158
cumulative nature of obligations SPS
147-8
recommendations of relevant international organizations and
SPS 65
requirements (SPS 5.6, footnote 3) SPS
147
SPS 2.2 and SPS 34, 160-1
Staff Regulations and Staff
Rules (WTO Secretariat) WTO 145
Standards of Conduct in the WTO WTO
146
standard/powers of review (AB) (issues of law and legal interpretations)
(DSU 17.6)
alleged failure of panel to make objective assessment (DSU 11), need for
inclusion in notice of appeal/clear argumentation DSU
866-8
classification as issue of law or fact 446-53
alleged failure of panel to make objective assessment (DSU 11)
DSU 343, 350, 451,
453
compliance/consistency with treaty obligations DSU 448
assessment of municipal law for purpose of determining DSU
452
evaluation of the evidence DSU
450, 1006
“like products” (GATT II:2), determination as DSU 446
panel’s classification of measure, relevance DSU
454
completion of the legal analysis in case of DSU
461-75
agreement with panel DSU 466
contentiousness/omission/insufficiency of facts DSU
466-75
disagreement with the panel DSU
469-70
insufficient argument of novel issue DSU 470
Panel’s failure to address correct issue SPS
104, 160, DSU 465
excess of jurisdiction, in absence of claim by party DSU
863
findings or developed legal interpretations, limitation to (DSU 17.13)
GATT 441, DSU
446, 455-6, 479-81
issues not identified during Panel proceedings DSU
457
issues not litigated before Panel SCM
120
matters challenged by parties, limitation to GATT 717
jurisdictional issues distinguished DSU
863
new arguments DSU 458-9
new facts DSU 460
non-applicability to covered agreements other than Anti-Dumping Agreement
including the SCM and SPS Agreements SCM 426,
DSU 393-4
non-discriminatory administration of quantitative restrictions (GATT XIII),
determination DSU 447
standard/powers of review (panel) (AD 17.6)
assessment of the facts (AD 17.6(i))
AD 3.1 (determination of injury) distinguished AD 113
AD 5.3 (sufficiency of evidence), applicability to AD
256-9, 648
applicability to investigating authority AD
158, 636
de novo review, exclusion AD
622, 627, 629-30
DSU 11 compared AD
640-1, DSU 343
“unbiased and objective” AD
634-5
“facts made available” (AD 17.5(ii))
disclosure/discernibility to interested parties by time of final
determination, relevance AD 114, 623,
632-3,
635
documents created for purposes of dispute AD 624
evidence before authority at time of determination, limitation to
AD 631, DSU 958-9
examination to be based on AD
622-4, 632
limitation to AD 629
interpretation of relevant provisions of AD (AD 17.6(ii))
in accordance with customary rules of interpretation of public
international law AD 642, DSU 85
“admits of more than one permissible interpretation”
AD 643, 645
assessment of the facts (AD 17.6(i)) and, cumulative effect
AD 646
DSU 11 compared AD 644
investigating authorities’ establishment of the facts (AD 17.6(i))
“establishment” AD 632
evaluation as at time of determination AD
638-9
“proper” AD 199,
257-9,
632
standard/powers of review (panel) (DSU 11):
see also information
or technical advice, panel’s right to seek (DSU 13/SPS 11.2); judicial
economy; legislation as such, right to challenge (WTO
XVI:4); notice of
appeal, requirements (ABWP 20(2)); panel reports, rationale, need for (DSU
12.7); terms of reference of panels (DSU 7)
applicability to SG/GATT XIX GATT
526, AG 107, 145
balance of payments measures (BOP Understanding, footnote 1)
GATT 489-91
“make such other findings” DSU
339
objections, requirements
opportunity to cure procedural defect and DSU
937-8
timeliness DSU 249-50,
980, 981
“objective assessment of the facts” DSU
343, 451
de novo
review, exclusion GATT 526, AD
199, 622, AG
107, 149, DSU 326-7,
348, 381-7
evidence, alleged disregard or distortion by panel
discretion in assessment
of evidence GATT 609, DSU
339-49
discretion in selection of evidence to refer to explicitly
DSU 337, 339, 345,
349
egregious error, need for DSU
347, 350-4
obligation to examine and evaluate all the evidence available to it
AG 145, DSU 337-8,
342
evidence other than that submitted by parties, right to consider
DSU 338,
995
facts available at time of establishment of panel, limitation to
DSU 794
methodology for evaluating increase in imports (SG 2.1/GATT XIX:1(a))
AG 35-7
“objective assessment of matter before it”
AD 17.6(ii) compared AD 644
all arguments, need to consider DSU
22, 333, 1034
all
legal claims, need to consider under DSU 3.2 DSU
337 n.
492,
1032
“positive solution” requirement (DSU 3 7) and DSU
92
allegation of failure to make, seriousness DSU 330
due process and DSU 335, 930
error of law
application of burden of proof rules DSU
354, 1015
equation of “based on” and “conform to” SPS
69, 97
events during proceedings, exclusion from panel’s considerations
DSU 500
expert evidence, panel’s obligation to make independent assessment
SPS 26, DSU 336, 348
failure to make as abuse of discretion DSU 367
panel established under ATC 8.10 DSU 389
SCM 4.2 (statement of available evidence) and SCM 149
ultra petita finding on provision not before it AG 215,
DSU 288, 331, 335,
930
preliminary ruling on, obligation DSU
247, 289
reasoned and adequate explanation (SG 3.1), need to confirm
GATT 526-8,
537, 540,
AG 146-9, DSU 381-90
relevant factors
evaluation of all relevant factors, need for AD 629 n. 809
position of Member at time of determination ATC
44, AD 629 n.
809
risk assessment (SPS Agreement), exclusion SPS
23, 94-6
serious damage or actual threat thereof (ATC 6.2)/SG 4, Member’s
determination of
evidence available to Member, limitation to ATC
44, DSU 374
statement to TMB, admissibility ATC
41-2, DSU 388
temporal scope, evidence available to Member, limitation to
ATC 44, DSU 374
Standards of Conduct in the WTO
WTO
146
standing as claimant (SCM)
Member suffering serious prejudice, limitation to (SCM 7.2)
SCM 217
SCM 6.3(a) SCM 211
standing/right to bring claim (DSU 3.7), legal interest, relevance
DSU 90, 143, 158-60,
319
State emblems, official hallmarks and emblems of intergovernmental
organizations (PC 6ter) TRIPS 9-10
WIPO-WTO Agreement TRIPS 9-10
State responsibility for breach of international obligations
for acts or omissions of
common organ, responsibility of individual States for DSU
68-9, 171
executive DSU 86, 169-71
countermeasures SCM 174,
AG 222, DSU 71, 770
legislation as such and DSU 70,
778
proportionality ATC 87,
AG 222, DSU 71-2
State trading enterprises (GATT XVII)
balance of payments restrictions (GATT XII) and GATT
428
GATT practice GATT 464,
466, 478,
480
“illustrative list showing … relationships … and kinds of activities
… relevant for the purposes of Art. XVII” GATT
474
market access (AG 4), measures required to be converted into ordinary
customs duties (AG 4.2 and footnote 1) GATT 487
measures affecting imported products (internal measures) and measure
affecting importation (border taxes), difficulty of distinguishing GATT
126
national treatment, regulatory discrimination (GATT III:4) and
GATT 403
notification requirements (GATT XVII:4/Understanding on the Interpretation
of Art. VII)
GATT practice GATT 469
questionnaire GATT 471
time limits GATT 467
obligation to act consistently with GATT general principles of
non-discriminatory treatment (GATT XVII:1(a)) GATT
138, 463
GATT XVII:1(b), relationship GATT
459-61
GATT practice GATT 139,
422, 478,
480, 481-2
Operations of State Trading Enterprises as they Relate to International Trade (1995)
GATT 475
quantitative
restrictions (GATT XI:1) GATT 407-9
GATT practice GATT 484
“restrictions made effective through state-trading organizations” (Ad
Articles XI, XI, XIII, XIV and XVIII) GATT 403,
407, 423,
428
GATT practice GATT 484,
486
treatment no less favourable than that provided in appropriate schedule
(GATT II:1(a)) and GATT 477
GATT practice GATT 478
Understanding on the Interpretation of Article XVII GATT
470-5
State Trading Enterprises, Working Party on
annual reports to Council for Trade in Goods WTO
71 n. 101
establishment WTO 71,
GATT 472-3
notifications, establishment of time limits for GATT
467
rules of procedure, absence WTO
75
terms of reference WTO 75
statements of TMB:
see Textiles Monitoring Body (TMB),
statements relating to
subsidies (GATS XV)
Checklist of Issues GATS 67
Working Party on GATS Rules, negotiations GATS
66
subsidies (GATT XVI), GATT practice
GATT 438
subsidy, calculation in terms of benefit to recipient (SCM 14)
adequacy of remuneration (SCM 14(d))
inclusion of Government data, effect SCM
79, 268
“prevailing market conditions” SCM
75, 263-8
“benefit” (SCM 1.1(b)) and SCM
73-5
difference of payment on guaranteed and non-guaranteed loan (SCM 14(c))
SCM 74, 260-1
practice at time of bestowal (SCM 1.1), relevance SCM
258
“to recipient” (chapeau) SCM
265
subsidy, definition (SCM 1):
see also export subsidy, prohibited
(AG 3.3); payments on export of agricultural product financed by virtue of
governmental action (AG 9.1(c)), “financed”; subsidy, definition (SCM 1)
Agreement on Agriculture, applicability to AG
6-7
conferral of benefit (SCM 1.1(b))
“benefit” SCM 45-51,
265 n. 379
provision of services not available in the market, whether
SCM 63
burden of proof SCM 59-60
rebuttal of prima facie case SCM
70-1
“is conferred” SCM 54
passing the benefit through SCM
65-9
“countervailing duty” (SCM 10, footnote 36) and SCM
237, 239-40
privatization, effect SCM
65-6
“recipient of a benefit” SCM
52-3
SCM 1.1(a) and SCM 72
SCM 14 and SCM 73-5
SCM Annex IV and SCM 78
subsidy programmes as such, right to challenge (mandatory/discretionary
distinction) SCM 56-9,
478-80
“as applied” SCM 64,
134-5
fiscal advantages, relevance SCM
61
“direct subsidies, including payments-in-kind” (AG 9.1(a)),
payment-in-kind, as direct subsidy AG 56
financial contribution (SCM 1.1(a)(1)) AG
6-7, SCM
9-10, 498
conferral of benefit (SCM 1.1(b)) as parallel requirement
SCM 2-7
direct transfer of funds (SCM 1.1(a)(1)) SCM
11-14
direct transfer of funds (SCM 1.1(a)(1)), timing of transfer, relevance
SCM 17
exemption from or remission of internal taxes upon exportation (SCM
1.1(a)(1)(ii), footnote 1) SCM 27
foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)) SCM
500: see
also tax exemption, as circumvention of export subsidy commitments
(SCM 1)
national tax rules as normative benchmark SCM 23
“otherwise due”
/basis of comparison (“but for” test) SCM
18-19, 23-5
payments to a funding mechanism (SCM 1.1(a)(1)(iv)) SCM
8, 38-44
“entrusts or directs” SCM
39-40
“private body” SCM 41
“type of function” SCM
37, 42-3
potential direct transfer of funds (SCM 1.1(a)(1)) SCM
15-16
preparatory work (VCLT 32) SCM 8
provision of goods or services (SCM 1.1(a)(1)(iii))
“goods” SCM 30-6
“goods” and “products” distinguished SCM
33
natural resources, applicability to SCM
34-5
“provides” SCM 29
“provision” and “purchase” distinguished SCM
28,
501
SCM
14(d), relevance SCM 262
transfer of economic resources from grantor to recipient for less than full
consideration AG 56, SCM
8
level of subsidy, relevance SCM
256
subsidy, specificity (SCM 2)
principles determining (SCM 2.1)
relevant factors other than those listed under SCM 2.1(a) and (b) (SCM
2.1(c)) SCM 85
relevant factors other than those listed under SCM 2.1(a) and (b) (SCM
2.1(c)). “account be taken of” SCM 86
subsidy “contingent upon the use of domestic over imported goods” (SCM
3.1(b)) SCM 87
sunset review (AD 11.3) (including “likelihood” test)
company-specific determination, need for AD
528
cumulative assessment (AD 3.3), applicability AD
537
de minimis test (AD 5.8), applicability AD
534-6
duration and review of anti-dumping duties (AD 11.2) and
AD 504
investigatory role of authorities AD
513-14
mandatory rule/exception AD
510-11
methodology
absence of specific provision AD
517-23, 528,
529
dumping margins, relevance AD
518-19
“likelihood of injury” obligations (AD 3), applicability
AD 520-3
original investigation distinguished AD
512
overall/separate factor determination AD
542
“positive evidence”, need for AD
514, 515-16
presumptions, exclusion AD
524-7
self-initiation, applicability of AD 5.6 evidentiary standards
AD 532-3
time-frame AD 529-31
a “clearly foreseen and imminent” change of circumstances (AD 3.7),
relevance AD 530
sunset review (SCM 21.3)
AD 11.2 standard, applicability SCM
309
burden/standard of proof
original investigation requirements (SCM 11 and 12) distinguished
SCM 305-6
SCM 11.6, relevance SCM
314-15
de minimis standard
termination of investigation provisions (SCM 11.9) distinguished
SCM 250, 316-17
as threshold test SCM
251, 256
object and purpose of SCM as a whole SCM
315
original investigation requirements distinguished SCM
305-6, 312-13
“likely to lead to continuation or recurrence of subsidization and injury”
test (SCM 21.3) SCM 308-10
preparatory work (VCLT 32) SCM
257
self-initiation, right of SCM
303
suspension of concessions for non-implementation of DSB recommendations and
rulings (DSU 22): see also arbitration (DSU
22.6); arbitration (DSU 25); countermeasures in case of failure to comply with panel or AB report
within specified time-period (SCM 4.10)
authorization, need for (DSU 3.7, 22.6 and 23.2(c)) DSU
784
suspension without authorization as breach of DSU 3.7 DSU
785
examples of agreement to DSU
750-62
table of authorizations DSU 762
level equivalent to nullification or impairment (DSU 22.4)
DSU 660
aggregate effects on suppliers as a whole DSU 718
“appropriate” (GATT 1947: XXIII:2) distinguished DSU
741, 746
“appropriate” (SCM 4.10) distinguished SCM
181, 197,
DSU 746,
767
Article 22.6 Arbitrator’s right to review DSU 702
Article 25.3 Arbitrator’s right to review DSU
788, 790-1
benefits foregone by right holders and Member distinguished
DSU 793
“carousel” type suspension DSU 665
changes in level after authorization DSU
725-6
comparability of bases, need for DSU 729
court judgments and DSU 719,
757
critical date DSU 794
deterrent/”chilling” effect DSU 721
disbursements operating as subsidies DSU 724
double-counting DSU 723
economic benefits as measure DSU 792
“equivalent”
qualitative test DSU 736-8,
757
quantitative test DSU 732-4,
742
indirect benefits and DSU 522
litigation costs and DSU 722
lost opportunities, relevance DSU 709
national treatment provisions (GATT III) distinguished DSU
709
nullification or impairment (DSU 3.8) distinguished DSU 709
proportionality, need for ATC 87
reasoned estimates, need for DSU
713-16
responsibility of Member to ensure DSU 665
SCM 3 and 4 (prohibited subsidies) distinguished SCM
181, 197,
DSU 765
settlement agreements and DSU
720, 757
trade effect and DSU 712
zero level, exclusion DSU 710
nature and purpose of counter measures DSU
646-53
“or other obligations”, authorization to suspend (DSU 22.2)
DSU 666-71
specificity requirement DSU
672-3
review of implementation of DSB rulings (DSU 21.5) and DSU
614
suspension in other sectors (DSU 22.3(b))/under other agreements (DSU
22.3(c)), relationship between DSU 681
suspension in same sector as violation as preferred option (DSU 22.3(a))
DSU 676-7
“if that party considers that it is not practical or effective” (DSU
22.3(b) and (c)) DSU 679-80
“sectors” DSU 677
as temporary measure (DSU 22.8) DSU
646
sustainable development (Doha Declaration, para. 6): see also “exhaustible natural resources” (GATT
XX(g)), sustainable development as objective
World Summit on Sustainable Development (Johannesburg) (2002)
Switzerland
Enabling Clause notifications
GSP schemes GATT 31
special treatment of least-developed country Members GATT
40
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