SUBJECT INDEX BY CASE: APPELLATE BODY REPORTS

B

 

Index:  A  B  C-D  E-F  G-H  I  J  K-L  M-S  T  U-Z 


ON THIS PAGE:

Brazil — Aircraft
Brazil — Aircraft (Article 21.5 — Canada)
Brazil — Desiccated Coconut
Brazil — Retreated Tyres


Brazil — Aircraft (WT/DS46/AB/R)     back to top

burden of proof

defences and exceptions B.3.3.4

SCM 3.1(a) (Annex I (Illustrative List of Export Subsidies)) / SCM 27 (developing countries) B.3.3.4

onus probandi actori incumbit as general principle of evidence, defences/exceptions and B.3.3.4

compliance, confidentiality of proceedings (DSU 17.10/DSU 18.2) C.6.2

confidentiality of proceedings (DSU 17.10/DSU 18.2)

applicability to individuals on Members’ delegations (including non-government employees) B.4.2-3, C.6.2

Members’ responsibility for ensuring compliance C.6.2-3

business confidential information

additional procedures, need for B.4.1-3

Procedures Governing Business Confidential Information B.4.1, W.2.6.3-5

closed session meetings B.4.3

“proceedings” C.6.1

Rules of Conduct, Art. VII:1 and, applicability to AB Members B.4.3, C.6.2, W.2.4.1

consultation and dispute settlement (AD 17), “matter”, referral to DSB (AD 17.4), identification of measure at issue, need for (DSU 6.2) C.7.2, R.2.3.8

consultations (DSU 4)

establishment of panel, as prerequisite R.2.4.1

measure at issue (DSU 4.4), as identified in request for establishment of panel (DSU 6.2), need for identity with C.7.2, R.2.3.8, S.2.17.1

object and purpose, clarification and development of the facts / agreed solution (SCM 4.3) C.7.2, R.2.4.1, S.2.17.1

consultations (SCM 4.1-4.4)

clarification and development of the facts / agreed solution (SCM 4.3) C.7.2, R.2.4.1, S.2.17.1

measure at issue (DSU 4.4), as identified in request for establishment of panel (DSU 6.2), need for identity with C.7.2, R.2.3.8, S.2.17.1

need for S.2.17.1

developing countries, special and differential treatment (SCM 27) S.2.35.1.1-4

obligations of developing country Members (SCM 27.4) (phase-out/standstill) S.2.35.1.1-4

on basis of level “granted” (SCM 27.4, footnote 55) S.2.35.1.2-3

inflation, relevance S.2.35.1.4

as positive obligations S.2.35.1.1

“prohibited” subsidy status (SCM 3.1(a)) and S.2.35.1.1

special and differential nature of treatment S.2.35.1.1-4

municipal law, contractual obligations under, relevance to compliance with WTO obligations S.2.19.3

payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)), cost of production, failure to recoup as, SCM Illustrative List of Export Subsidies, items (j) and (k) and S.2.40.1

request for establishment of panel, requirements (DSU 6.2), consultations, indication as to whether held R.2.4.1

Rules of Conduct, applicability, AB Members B.4.4, C.6.2, W.2.4.1

“specific measure at issue” (AD 17.4/DSU 6.2), identification as part of the matter referred to the DSB, need for (AD 17.4/DSU 7.1), specific measure the subject of consultations, need for identity with C.7.2, R.2.3.8

subsidies, prohibited (SCM, Part II)

Illustrative List of Export Subsidies (SCM Annex I)

export credits at rates below actual cost of funds so employed (item (k)) S.2.40.1

“used to secure a material advantage” S.2.40.1

“withdrawal of subsidy without delay” (SCM 4.7) S.2.19.3

contractual obligations, relevance S.2.19.3

time-limits

DSU 21.3 provisions, relevance S.2.19.3

specification by panel S.2.19.3

Working Procedures (appellate review) (DSU 17.9)

confidentiality (Rules of Conduct, Art. VII:1) B.4.3, C.6.2, W.2.4.1

Rules of Conduct, applicability (WP 8) B.4.3, C.6.2, W.2.4.1

 
Brazil — Aircraft (Article 21.5 — Canada) (WT/DS46/AB/RW)     back to top

burden of proof

defences and exceptions, SCM 3.1(a) (Annex I (Illustrative List of Export Subsidies)) / SCM 27 (developing countries) B.3.3.6

onus probandi actori incumbit as general principle of evidence, defences/exceptions and B.3.3.6

judicial economy, mootness of panel findings M.3.1

mootness of panel findings M.3.1

judicial economy and M.3.1

municipal law, defence to breach of international law, whether M.5.2

payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)), cost of production, failure to recoup as, SCM Illustrative List of Export Subsidies, items (j) and (k) and S.2.40.2-4

subsidies, prohibited (SCM, Part II)

Illustrative List of Export Subsidies (SCM Annex I)

export credits at rates below actual cost of funds so employed (item (k)) S.2.40.2-4

“used to secure a material advantage” S.2.40.2-4

“withdrawal of subsidy without delay” (SCM 4.7) S.2.19.1

“withdraw” S.2.19.1

  
Brazil — Desiccated Coconut (WT/DS22/AB/R)     back to top

countervailing duties (SCM, Part V)

applicable law, entry into force of WTO Agreement, relevance S.2.41.2

compliance with GATT VI:3 and SCM Agreement (SCM 10) S.2.41.1-2

due process (dispute settlement proceedings)

opportunity to respond to evidence/presentations of other parties D.2.2.1

terms of reference, role D.2.2.1, J.2.1.1, R.2.1.1, T.6.1.2

GATT 1947, continuing relevance under WTO S.2.41.2

GATT 1994, WTO Agreement, incorporation into (WTO Annex 1A)

as agreement distinct from GATT 1947 S.2.41.2

GATT as integral part of WTO (WTO II:2) S.2.41.2

interpretation of covered agreements

context (VCLT 31(2)) S.2.41.1

GATT VI/SCM Agreement, interrelationship S.2.41.1-2

ordinary meaning S.2.41.1

legal basis of claim (DSU 6.2) (request for establishment of panel), arguments distinguished C.1.1

“matter referred to the DSB” (AD 17.4/DSU 7.1)

identification of specific issues and legal basis of claim/complaint as dual requirements (DSU 6.2) T.2.6.1, T.6.1.2

“measure at issue” (DSU 6.2) as C.1.1, J.2.1.2, R.2.1.1, T.6.1.2

non-retroactivity of treaties (VCLT 28) P.3.4.1, T.5.1.1-2

as general principle of international law P.3.4.1

pre-existing rights, countervailing duties (SCM 32.3) S.2.41.2

SCM Agreement

investigations and reviews of existing measures, initiated … on or after date of entry into force of WTO Agreement (SCM 32.3) S.2.41.2

retroactivity T.5.1.1-2

“specific measure at issue” (AD 17.4/DSU 6.2)

identification as part of the matter referred to the DSB, need for (AD 17.4/DSU 7.1) J.2.1.2

due process right to defend oneself and D.2.2.1, J.2.1.1, R.2.1.1, T.6.1.1

terms of reference of panels (DSU 7)

as definition of jurisdiction / legal claims at issue D.2.2.1, J.2.1.1, R.2.1.1, T.6.1.1-2

legal claim included in terms of reference, limitation of jurisdiction to T.6.1.2

due process and D.2.2.1, J.2.1.1, R.2.1.1, T.6.1.2

WTO Agreement

conflict between constituent covered agreements, precedence (WTO, Annex 1A) S.2.41.1

integral parts (WTO II) S.2.41.1, S.2.41.2

DSU as evidence of S.2.41.2

object and purpose (preamble) S.2.41.2

 
 Brazil — Retreaded Tyres (WT/DS332/AB/R)     back to top

amicus curiae briefs, NGO/private individual briefs, discretionary power of panel to accept/reject A.2.1.15

consultations (SCM 4.1-4.4), “statement of available evidence” (SCM 4.2) E.3.1.11

customs unions and free trade areas (GATT XXIV), regional trade agreements and covered trade agreements, interrelationship, MERCOSUR R.1.7.1

evidence (admissibility in panel proceedings) (DSU 12.1 and Appendix 3), evidence post-dating establishment of panel E.3.1.11, E.3.2.30

General Exceptions (GATT XX) (chapeau)

application of measure as means of arbitrary or unjustifiable discrimination G.3.11.9

“between countries where the same conditions prevail” R.1.4.2

cause or rationale as relevant factor G.3.12.10-11

compliance with international obligation and G.3.12.12-13

effect of discrimination as relevant factor G.3.12.12-13

“disguised restriction on international trade” G.3.11.9-10

prevention of abuses of exceptions as objective G.3.11.9-10

as weighing and balancing process G.3.11.10

judicial economy

panel’s discretionary power to determine, which claims must be examined J.1.23

“positive solution to dispute” requirement and J.1.23

necessity test (GATT XX(b)) G.3.3A.1-7

availability of alternative WTO-consistent measure and G.3.3A.2

complaining party’s obligation to suggest G.3.4A.1

contribution to realization of end pursued and (objective-pursued test) G.3.4.2, G.3.4A.1-5, R.1.4.2

“reasonably available” G.3.4A.1

methodology for determining

panel’s discretion G.3.3A.1

quantitative vs. qualitative test G.3.3A.1, G.3.3A.3

multi-pronged approach G.3.3A.4

order of analysis G.3.3A.5-7, G.3.4A.1

relevant factors, comparison with alternative possibilities including risks G.3.3A.5-7

as weighing and balancing process G.3.3A.5-7, G.3.4A.4

order of analysis

holistic approach, desirability R.2.3.26

necessity test (GATT XX(b)) G.3.3A.5-7, G.3.4A.1, R.2.3.26

standard of review (panels) (DSU 11)

evidence, alleged disregard or distortion by panel (“objective assessment of the facts”)

discretion in selection of relevant evidence E.3.2.31-2, S.7.3.39-40

discretion to select which evidence to refer to explicitly E.3.2.32, S.7.3.40

legal characterization of facts and evaluation of evidence distinguished G.3.4A.5

“such other findings as will assist the DSB” (DSU 7.1), judicial economy and J.1.23

terms of reference of panels (DSU 7), obligations, to make such findings as will assist the DSB (DSU 7.1) J.1.23

Working Procedures (appellate review) (DSU 17.9), withdrawal of appeal (AB/WP 30), timing W.2.0.3

 


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