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SUBJECT INDEX D |
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The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva. |
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 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 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) Textiles and Clothing Agreement (ACT) (para. 4) 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 joint decisions, limitation to WTO 217 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)) 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 method, right to choose, GATT VI:2 and GATT 340 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 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 … 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) 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 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 “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 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 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 “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 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 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 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 serious prejudice (SCM 27.8) SCM 382 subsidies, importance to economic development programmes (SCM 27.1) WTO 6 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 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 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 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) 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 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 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) “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 Integrated Data Base (IDB) and Consolidated Tariff Schedules (CTS) data base WTO 111, GATT 72–3 TBT standards TBT 39 Article 22.6 arbitration DSU 748 panel DSU 395 documents: see WTO documents 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) “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 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) 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) 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) traditional knowledge and folklore (para. 19) wines and spirits (TRIPS 23.4) (para. 18) WTO objectives, endorsement (para. 1) WTO rules, clarification (paras. 28–9 and 32) Cancun stocktaking WTO 40 Global Trust Fund WTO 151 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) 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 “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 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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